E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, MONDAY, APRIL 11, 2016 No. 54 Senate The Senate met at 3 p.m. and was advance the FAA Reauthorization Act RECOGNITION OF THE MINORITY called to order by the President pro and then to strengthen it further with LEADER tempore (Mr. HATCH). the most comprehensive airline secu- The PRESIDING OFFICER. The mi- f rity reforms in years. nority leader is recognized. PRAYER We appreciate Senator THUNE’s work f with the Aviation Subcommittee chair, The Chaplain, Dr. Barry C. Black, of- JUDICIAL NOMINATIONS Senator AYOTTE, as well as Senators fered the following prayer: NELSON and CANTWELL, to move an Mr. REID. Mr. President, later today Let us pray. the Senate will confirm Waverly Cren- Savior of all, make us patient and amendment designed to keep pas- sengers safer and to help deter ter- shaw to serve as a district judge for the kind. Help us to not do to others what Middle District of Tennessee. we wouldn’t want done to us. rorism in airports on U.S. soil. The amendment will help shore up security Mr. Crenshaw is a superb nominee Lord, fill the hearts of our Senators with impeccable credentials and a with Your overflowing love. Enable measures for international flights com- ing into the United States as well as sharp legal mind. He works at a pres- them to love their neighbors as You tigious law firm in Nashville, where he have commanded them to do. Plant improve vetting and inspections of air- port employees. became the first ever African-Amer- within our lawmakers a sure con- ican partner. fidence in Your prevailing providence. I would also like to recognize Sen- Mr. Crenshaw is well liked by Demo- Renew and refresh them for the chal- ator HEINRICH for his work to include crats and well liked by Republicans. lenges of this day. Keep them congenial provisions that will increase security His nomination is supported by the Re- with their colleagues, ever eager to ex- measures in prescreening airport zones publican Senators from Tennessee, and plore common ground. and expand preparation for active the Judiciary Committee reported his We pray in Your great Name. Amen. shooter events. nomination unanimously. f This FAA reauthorization legislation Waverly Crenshaw’s confirmation is PLEDGE OF ALLEGIANCE will do more for security than any desperately needed. The vacancy he other in years. It will do more for pas- will fill in the Middle District of Ten- The President pro tempore led the sengers than any other in years as well. nessee is a judicial emergency, mean- Pledge of Allegiance, as follows: ing there are more cases than the I pledge allegiance to the Flag of the Don’t take my word for it. A con- sumer columnist for the Washington judges in that district can administer. United States of America, and to the Repub- While I am pleased the Senate will lic for which it stands, one nation under God, Post labeled it ‘‘one of the most pas- indivisible, with liberty and justice for all. senger-friendly Federal Aviation Ad- confirm Mr. Crenshaw later today, I wonder why this eminently qualified f ministration reauthorization bills in a generation.’’ It includes a number of nominee wasn’t confirmed a long time RECOGNITION OF THE MAJORITY consumer-friendly provisions, like fee ago. It has been more than a year since LEADER disclosures and refunds for lost bags or President Obama nominated him. The The PRESIDING OFFICER (Mr. services paid for but not received, and Judiciary Committee reported his LANKFORD). The majority leader is rec- does so without imposing choice-lim- nomination unanimously more than 9 ognized. iting regulations or fees and taxes on months ago. f airline passengers. That a consensus nominee like Wa- verly Crenshaw had to wait so long to FAA REAUTHORIZATION BILL This is a good bill and a good exam- be confirmed is another example—and Mr. MCCONNELL. Mr. President, the ple of what can get accomplished with not a good one—of Senate Republicans’ chairman of the Commerce Committee, a Senate that is back to work. It would concerted effort to undermine the Senator THUNE, says that keeping help keep Americans safe, both in our American judiciary system. The Re- Americans safe from future attacks is airports and in the skies. It has en- publican leader and the chairman of a top priority. He is right, of course. joyed support from both sides of the the Senate Judiciary Committee are From Brussels to Egypt, events around aisle. leading an all-out assault on our Na- the world underscore the need for If Members have additional ideas tion’s courts by depriving them of stronger security measures for our Na- they think might strengthen the bill qualified judges. tion’s air traffic. further, I would again encourage them Americans know of Republicans’ un- That is why I was glad when large bi- to work with the bill managers so we precedented obstruction of President partisan majorities voted last week to can continue moving forward. Obama’s Supreme Court nominee,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.000 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1842 CONGRESSIONAL RECORD — SENATE April 11, 2016 Merrick Garland. Republican gridlock support of both of his home State Re- ObamaCare is working for the Amer- is precluding Judge Garland from a publican Senators. The committee re- ican people. hearing and a vote. But that same grid- ported his nomination in October. Mr. President, I see no one on the lock is extending to important lower And there are two nominees to the floor. I ask the Chair to announce the court nominees also. Western District of Pennsylvania, business for the remainder of the day. Republicans’ slow-walking and ob- Susan Paradise Baxter and Marilyn f struction of circuit and district court Jean Horan, who were recommended by RESERVATION OF LEADER TIME nominees is so pronounced that it is Senators CASEY and TOOMEY. But even actually making history, and I am not though it was recommended by a Re- The PRESIDING OFFICER. Under sure it is good history. publican Senator, the committee re- the previous order, the leadership time To date, this Republican-controlled ported the nominations in January but is reserved. Senate has confirmed only 16 judicial hasn’t done anything since. f nominations. Today will be the 17th. There are many other nominees MORNING BUSINESS According to the nonpartisan Congres- whom the Judiciary Committee is ig- sional Research Service, that is good noring altogether—not even holding The PRESIDING OFFICER. Under enough to make this Republican Sen- hearings. the previous order, the Senate will be ate the worst at confirming circuit So why aren’t Republican Senators in a period of morning business until 4 court and district court judges. pressing the Republican leader to do p.m., with Senators permitted to speak Chairman GRASSLEY is running the his job and schedule votes on these therein for up to 10 minutes each. least productive Judiciary Committee stalled nominations? Why isn’t the Ju- Mr. REID. Mr. President, I suggest since World War II, measured in both diciary Committee doing their part to the absence of a quorum. judges reported out of committee and get these judges confirmed? Why isn’t The PRESIDING OFFICER. The judges confirmed. Because of the Re- the chairman of the committee doing clerk will call the roll. publicans’ sloth, judiciary emergencies his part? The legislative clerk proceeded to have nearly tripled, leaving our courts This is the same Senator GRASSLEY call the roll. overworked and Americans without who in 2008 said this: Mr. MARKEY. Mr. President, I ask prompt access to their judiciary sys- unanimous consent that the order for tem. Republicans are refusing to do We should get our job done and confirm these nominees because that is what it takes the quorum call be rescinded. their job, and the American people are for the judicial branch to get their work The PRESIDING OFFICER. Without suffering as a result. Republican efforts done. The judiciary needs to have the per- objection, it is so ordered. to cripple our judiciary will rever- sonnel to get their job done. f berate for decades, preventing Ameri- So let’s do what Senator GRASSLEY FAA REAUTHORIZATION BILL cans from obtaining justice. said a few years ago. Let’s get the job It is time for the Republican leader done. Mr. MARKEY. Mr. President, I rise and the senior Senator from Iowa to From the Supreme Court down to the today to discuss a number of my put an end to this obstruction. It is district courts, let’s get the job done amendments to the FAA reauthoriza- time they discontinue using the Senate for our Nation’s judiciary. tion bill. Judiciary Committee as a political arm f I filed Markey amendment No. 3467 to of the Republican leader’s office and protect consumers from ridiculously start doing their job. This should begin AFFORDABLE CARE ACT high airline fees. In recent years, fees by doing their constitutional duty to Mr. REID. Mr. President, last Thurs- have gone up despite the fact that gas provide advice and consent on Presi- day a Gallup and Healthways survey prices and airline choices have gone dent Obama’s Supreme Court nominee. revealed more good news about the down. Regrettably, the only thing com- The Republican leader and Senator ever-shrinking rate of uninsured Amer- petitive about the current airline in- GRASSLEY should give Judge Garland a icans. dustry is the battle for overhead com- hearing and a vote. They should stop Because of the Affordable Care Act, partment space. Since 2001, 10 major stalling, hoping that Donald Trump or 91 percent of American adults now have airlines have become 4, allowing air TED CRUZ will nominate Justice health insurance. ObamaCare has been carriers to charge ridiculous fees and Scalia’s successor. This should give especially helpful to working Ameri- act in uncompetitive ways. The four even Republicans pause. Then the Republican leader and the cans. For adults making less than major airlines now control 80 percent Judiciary Committee should move the $36,000, the uninsured rate has been cut of the seat capacity in the United backlog of qualified judicial nomina- by one-third. Ninety-two percent of States. At some major airports, pas- tions who are awaiting confirmation— Americans making between $36,000 and sengers only have one or two airlines and there are a lot of them—nominees $90,000 a year now have health insur- to choose from. like Paula Xinis, whom President ance. Airline fees have climbed as high as Obama nominated to serve as a judge Every day more and more people who the planes on which passengers are for the District Court of Maryland. Ms. were previously without health insur- traveling. We must stop their rapid as- Xinis, who is a partner in a renowned ance are now covered. That is espe- cent to protect the everyday airline Baltimore law firm, has 13 years of ex- cially true across racial and ethnic passenger. According to an excellent perience as a Federal public defender. lines, where the uninsured rate is report released by Ranking Member For 5 years she worked as the director plummeting. According to this survey, NELSON last year, three airlines in- of training for the Office of the Federal ‘‘across key subgroups, blacks and His- creased checked baggage fees by 67 per- Public Defender in all of Maryland. panics have experienced the largest de- cent between 2009 and 2014 and four air- The Judiciary Committee reported clines in their uninsured rates since lines increased domestic cancellation Ms. Xinis 7 months ago. Yet, for more the fourth quarter of 2013.’’ fees by 33 percent. One increased its fee than half a year, Senator GRASSLEY The numbers really bear that out. by 50 percent, and one increased its fee has ignored her nomination. The uninsured rate for African-Ameri- by 66 percent. Airlines should not be al- She is not alone. The Republican cans has dropped by more than 50 per- lowed to overcharge captive passengers leader is delaying other qualified, con- cent, and the uninsured rate for His- just because they need to change their sensus nominations. panics has dropped by more than 25 flight or check a couple of bags. It is Edward Stanton was nominated to percent. These are the facts. All across just not fair. There is no justification the Western District of Tennessee and the Nation, our constituents are get- for charging consumers a $200 fee to re- is supported by Senator ALEXANDER ting the health care coverage they sell a $150 ticket that was cancelled and, of course, Senator CORKER. The were promised when Congress passed well in advance when the airline can committee reported his nomination in the Affordable Care Act. then resell that ticket for a higher fare October. So I think it is time for our Repub- to a different traveler. Further, air- Robert Rossiter was nominated to lican colleagues to stop denying the lines such as Delta, United, and Amer- the District of Nebraska and has the evidence. The evidence is that ican charge as much as $25 for the first

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.002 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1843 checked bag and $35 for the second bag I encourage all Senators to support Too often crime victims in our coun- even though there appears to be no ap- my amendments. try aren’t treated with the fairness and preciable cost increase for processing I thank the Chair for giving me this respect they deserve. So often it seems the second bag. That is $60 to check opportunity to address the Chamber. as though we focus our attention on two bags one-way or $120 round-trip to I yield back the remainder of my those who commit the crime and not check two bags. time. nearly enough on those who are vic- My amendment prohibits airlines Mr. President, I suggest the absence tims of crime they had no part in insti- from imposing fees that are not reason- of a quorum. gating but perhaps happen to be in the able and proportional to the costs of The PRESIDING OFFICER. The wrong place at the wrong time. When the services provided. This common- clerk will call the roll. we don’t show the proper respect for sense consumer protection does not The bill clerk proceeded to call the victims of crime, it can lead to distrust prevent airlines from charging fees; the roll. in our communities between law en- amendment simply caps airline fees at Mr. CORNYN. Mr. President, I ask forcement and the public, and it can a fair rate to ensure that passengers unanimous consent that the order for make our country a more dangerous are not getting tipped upside down at the quorum call be rescinded. place. the ticket counter. The PRESIDING OFFICER. Without The fact is, our law enforcement pro- I am pleased that Senators objection, it is so ordered. fessionals work best with community BLUMENTHAL and KLOBUCHAR have co- f cooperation. Frequently, the commu- sponsored my amendment. I offered nity can be the eyes and the ears for this amendment in the Commerce CONCLUSION OF MORNING law enforcement and help give them in- Committee, and it received a vote of 12 BUSINESS formation they need in order to pre- to 12. It is time to break this tie on the The PRESIDING OFFICER. Morning vent crime from occurring in the first Senate floor. business is closed. place or to make a show of force to in Further, my amendment enjoys f fact deter the commission of a crime. broad support from several groups, in- When I was Texas attorney general, I cluding the National Consumers AMERICA’S SMALL BUSINESS TAX had the privilege of overseeing our League, the Consumer Federation of RELIEF ACT OF 2015 State’s Crime Victims’ Compensation America, and Travelers United. The PRESIDING OFFICER. Under Fund. This is an idea which said we Mr. President, I intend to offer my the previous order, the Senate will re- ought to take the fines and the pen- cyber security amendments as well, sume consideration of H.R. 636, which alties from people who commit crimes Markey amendment Nos. 3468, 3469, and the clerk will report. and then use those funds to make 3470. The bill clerk read as follows: grants to the victims of crime and the In December, I sent letters to 12 do- A bill (H.R. 636) to amend the Internal Rev- people who attempt to help them heal mestic airlines and two airplane manu- enue Code of 1986 to permanently extend in- and recover from the consequences. factures requesting information on the creased expensing limitations, and for other Time and time again, I saw that when cyber security protections on their air- purposes. we don’t support the victims of crime, craft and computer systems. What I Pending: they and their families aren’t the only found was startling. Currently, airlines Thune/Nelson amendment No. 3464, in the ones who suffer. It can also impede law are not required to report attempted or nature of a substitute. enforcement efforts when they feel this successful cyber attacks to the govern- Thune (for Gardner) amendment No. 3460 ment. Let me say that again. Airlines disjuncture or disconnection between (to amendment No. 3464), to require the FAA the victims and the law enforcement are not required to report attempted or Administrator to consider the operational professionals. So it is important for successful cyber attacks to the Federal history of a person before authorizing the Government. person to operate certain unmanned aircraft many reasons—out of basic fairness According to the National Air Car- systems. and compassion but also in the inter- rier Association, which represents Alle- Nelson (for Bennet) amendment No. 3524 ests of law enforcement, generally, to giant, Spirit, and Sun Country—some (to amendment No. 3464), to improve air make sure we do everything we can to of the country’s smaller airlines—some service for families and pregnant women. keep law enforcement and the victims Cantwell amendment No. 3490 (to amend- of crime on the same page and the com- of their carriers experience several ment No. 3464), to extend protections against hundred hacking attempts into their munities in which they reside. physical assault to air carrier customer serv- We need to continually look for ways system every single day, but since ice representatives. to improve our support for crime vic- there is no requirement to share this Mr. CORNYN. Mr. President, this information with the FAA, potentially tims. One way we can do this is by con- week the Senate is continuing its con- tinuing assistance to State and local valuable cyber security information sideration of the reauthorization of the may not get to the other airlines, man- governments in a variety of ways. We Federal Aviation Administration and recently had a hearing on the intersec- ufacturers, and regulators. My amend- bringing important improvements in ments address these concerns by man- tion of mental illness and law enforce- terms of aviation infrastructure and ment. Unfortunately, in our society dating that airlines disclose cyber at- public safety. I am glad the Senate tacks to the FAA, directing the FAA to today—because of the deinstitu- voted—notwithstanding the impression establish comprehensive cyber security tionalization of people with mental ill- I think people get from the outside standards, and commissioning a study ness, with no safety net to take its that all we do is bicker and we don’t to evaluate the safety and security place—many people who suffer from actually solve any problems. I am glad risks associated with Wi-Fi on planes. mental illness are residing in our jails, My amendments enjoy broad support the Senate has worked in a bipartisan filling our emergency rooms, or simply from the Association of Flight Attend- way to move this legislation forward. living on our streets. So we need to re- ants, the Federal Law Enforcement Of- We have a lot of heavy lifting left to do direct more than just the 1 percent of ficers Association, and the Inter- on this legislation this week, and none funds currently directed by the Federal national Association of Machinists and of these issues is easy, but it is impor- Government to State and local law en- Aerospace Workers. tant we do everything we can to dem- forcement for support and training. We Mr. President, finally, on drone pri- onstrate to the American people that need to redirect more of that in a tar- vacy, in committee we added a require- our interests are their interests in geted fashion to deal with this crisis in ment that government operators dis- moving bipartisan solutions forward mental illness. close where they fly drones, the pur- for their benefit. Here is an anecdote. Recently, I had pose of the flight, and whether the NATIONAL CRIME VICTIMS’ RIGHTS WEEK the chance to meet with some members drone contains cameras, thermal imag- Mr. President, I wish to just take a of the Major County Sheriffs’ Associa- ing, or cell phone interceptors. My moment and point out that this week tion. The sheriff of Bexar County, TX, amendment would extend those re- is also a very important week because a friend of mine, said: How would you quirements to commercial drone opera- it is National Crime Victims’ Rights like to meet the largest mental health tors. Week. provider in the United States? I said:

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.003 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1844 CONGRESSIONAL RECORD — SENATE April 11, 2016 Well, sure. Who is that? She said: Meet Fortunately, with the tools and re- local governments and law enforce- the sheriff of Los Angeles County. sources provided by the Debbie Smith ment are sometimes pretty spotty. In This made a deep impression on me, Act and something called the SAFER order to maintain the integrity of this and it tells me we still have a lot to do. Act, Houston will complete the testing important and powerful type of evi- Another example of where the Fed- of all backlogged rape kits this year. dence, it is very importants we provide eral Government can play an appro- This is important because in the past, some guidance—perhaps best prac- priate support role for local and State testing of these rape kits was viewed as tices—for forensic sciences. We have law enforcement—and I am not sug- mainly a way of just confirming the the ability to do that because of the re- gesting the Federal Government take identity of the assailant using DNA sources of the Federal Government; over State and local law enforcement, evidence, but frequently the identity of again, not to commander or mandate far from it. Rather, the Federal Gov- the assailant is not an issue in these but basically to help local and State ernment should recognize and support cases, and it is expensive to test rape governments improve their forensic the important role that local and State kits. Frequently, the assailant is sciences and their testing. law enforcement play and provide that known and the question is one of con- This legislation will also improve ac- support, where possible, here at the sent or nonconsent. What we have cess to legal and health care resources Federal level. found is by testing more rape kits— for all victims and will ensure that we Nowhere else have I found that more even where the issue of identity is not are efficiently providing direct services important recently than our efforts to in question—we can literally tie these for crime victims on a national basis. try to audit and test the massive na- defendants in criminal cases to other This legislation is supported by more tionwide rape kit backlog. It has been sexual assaults in a way that is a pret- than 130 different law enforcement and estimated there are 400,000 rape kits ty powerful and pretty revolutionary collected from the forensic evidence victim advocacy organizations nation- way. wide, including the Rape, Abuse, and from sexual assaults that remain un- I am proud of the work Houston and tested. We know these rape kits con- Incest National Network—the so-called the State of Texas are doing, working RAINN organization—the National Dis- tain vital DNA evidence that can put with the Federal Government, to end trict Attorneys Association, the Na- criminals behind bars, exonerate the the rape kit backlog, but it is going to tional Center for Victims of Crime, the falsely accused, and help detect those take a lot more work from us on an on- International Union of Police Organi- who commit crimes serially—not just going and long-term basis because, zations, the National Network to End once but over and over and over again first, one of the things we need to do, Domestic Violence, and the National until they are ultimately caught. As which Congress has already required, is Organization for Women. It is a pretty we know, many communities at the an audit to make sure we know where broad spectrum of organizations along local level simply do not have the re- all of these rape kits are—whether they the political or ideological spectrum, sources or expertise to test these rape are sitting in an evidence locker or and they are all unified in supporting kits in a timely fashion, so that is an whether they are still sitting in a po- area where we can help. That means lice station in an investigation locker. this important bill. This Chamber has done what it takes that while evidence is collecting dust We need to make sure there is an audit to help victims in the past, and we on a shelf for years, criminals will re- done so we can get our arms around the should continue to build on the legacy main loose—unless we continue to size and scope of the problem. Then we of legislation like the Justice for Vic- act—and make it impossible for the need to redirect more of the resources tims of Trafficking Act, a law that is victims of these crimes to find closure. the Federal Government has already already making a clear difference in I will give just one example. appropriated money for under the Last year Houston had a backlog of Debbie Smith Act to actually test the lives of victims across the country. One of the best moments in this thousands of rape kits going back into these rape kits. This is very important Chamber last year was when we passed the 1980s. Fortunately, due to resources because we need the survivors of sexual the Justice for Victims of Trafficking provided by the Federal Government assault to know we continue to stand Act by a vote of 99 to 0. It was a rare under the Debbie Smith Act, and with with them in their fight. the determination of the local leader- Thank goodness for brave women and welcomed coming together of all ship, Mayor Annise Parker, the city of such as Debbie Smith and so many oth- Members, from all different parts of Houston, began to work with the State ers whom I have met along the way the country, all across the ideological of Texas and the Federal Government who I think demonstrate not only their spectrum, to enact the most important to eliminate Houston’s rape kit back- own courage but also give other people assistance for victims of human traf- log. So far they have tested thousands courage to stand up for their own ficking that we have done in basically of rape kits, resulting in 850 CODIS rights when they are, through no fault 25 years, providing for something as matches. That is the DNA check sys- of their own, victims of sexual assault. basic as shelter for victims of human tem run by the FBI, where when people The Crime Victims’ Rights Week is trafficking, when many of them had have been arrested for offenses in the more than just about this crime of sex- nowhere to live or to turn. past, their DNA information is re- ual assault. It is about respect for all One of the important pieces of the corded in this data base and then can victims of crime. That is why I am Justice for Victims of Trafficking Act be matched against that collected in a proud to be working with the senior was something called the HERO Pro- rape kit or other forensic evidence. So Senator from Vermont, Mr. LEAHY, and gram. This was primarily inserted into just as a result of the city of Houston Congressman TED POE of Houston, TX, the legislation at the request of the undertaking this massive effort—again, on the Justice for All Reauthorization Senator from Illinois, Mr. MARK KIRK, with the cooperation of the State and Act. This is comprehensive legislation a veteran of the U.S. Navy himself. Federal Government—to eliminate its to increase rights and protections for Just yesterday, the Army Times ran rape kit backlog, they have gotten 850 crime victims across the country. It a story on a program that was perma- hits in the CODIS system. In other will reauthorize the landmark Justice nently authorized under the bill known words, by testing the evidence they al- for All Act signed into law by Presi- as HERO, which trains veterans to ready had, Houston officials have been dent George W. Bush in 2004. work alongside Federal law enforce- able to identify hundreds of people who As part of the reauthorization, it will ment officials to go after child preda- are perpetrators of crime—because the also increase the collection of com- tors—in other words, using some of the DNA evidence does not lie—and to pensation and restitution for crime vic- expertise the veterans acquired in their place them at the scene of a crime. tims, it will protect the housing rights training and their service in the mili- Again, as we find out, sadly, people of domestic violence victims, and it tary to help victims of child pornog- who commit sexual assaults frequently will strengthen the forensic sciences to raphy and the predation, unfortu- don’t do it just once in their life. Many swiftly put criminals behind bars and nately, that happens too often on the of them do it serially or until they get to improve the integrity of the forensic most innocent. caught, looking for victims of oppor- testing. So far, according to this article, the tunity—sometimes even children. It is Frequently, we know that both the program has already trained about 80 terrible. expertise and the equipment used by different veterans with plans to train

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Indeed, in the Army Times someplace else. the appropriations bill when it hits the story I mentioned just a moment ago, There is a vast amount of traveling floor in another few weeks. there are some heartrending, touching that goes on between Florida and Puer- Mr. President, I yield the floor. stories about how, even for people who to Rico. Puerto Rico is one source I suggest the absence of a quorum. suffered very traumatic injuries during where the virus is coming from. When The PRESIDING OFFICER (Mr. their military service, this gives them that mosquito bites you, it transmits COATS). The clerk will call the roll. a new sense of purpose and focus, and it the virus, and that mosquito is quite The senior assistant legislative clerk is very, very encouraging. prevalent in Puerto Rico. So the island proceeded to call the roll. I had the chance to see the HERO is having its own trauma with the Zika Mr. NELSON. Mr. President, I ask program in action last year in San An- virus manifesting there, but there is unanimous consent that the order for tonio, and it is protecting our children also a source in other countries the quorum call be rescinded. and taking criminals off the street. It throughout Central America, the Car- The PRESIDING OFFICER. Without is pretty clear that when we set our ibbean, and Latin America. objection, it is so ordered. What do we need to do? Well, one lit- minds to it, we can make a difference f in the lives of crime victims. We tle bit of good news I can give you is EXECUTIVE SESSION proved that with the passage of the that the bill we passed in the Senate Justice for Victims of Trafficking Act, before the Easter recess is now in the House, and it will be taken up by the and we can do it again. EXECUTIVE CALENDAR I encourage all of our colleagues to House tomorrow. They should pass it consider supporting the Justice for All and send it to the President’s desk for The PRESIDING OFFICER. Under Reauthorization Act. This is a bi- signature. What that bill does is give the previous order, the Senate will pro- cameral, bipartisan proposal that financial incentive to the drug compa- ceed to executive session to consider would help victims get the support nies by adding Zika as a virus to the the following nomination, which the they need and they deserve. list of tropical diseases for which the clerk will report. As advocates and survivors across drug companies have a financial incen- The senior assistant legislative clerk the country use this week to highlight tive to go and find a cure or a vaccine. read the nomination of Waverly D. the needs of millions of crime victims, This bill is complicated as far as what Crenshaw, Jr., of Tennessee, to be let’s also remember that we have a re- the financial incentives will be. I could United States District Judge for the sponsibility and an opportunity to do explain that, but for purposes of discus- Middle District of Tennessee. something about it right here in this sion here, I just wanted to share that The PRESIDING OFFICER. Under little bit of good news. We are going to Chamber. the previous order, there will be 30 Mr. President, I don’t see anyone in- have that bill in law, and we want to minutes for debate only on the nomina- terested in recognition, so I suggest unleash the creative potential of our tion, equally divided in the usual form. the absence of a quorum. pharmaceutical industry to go and find Mr. NELSON. Mr. President, I ask The PRESIDING OFFICER. The a cure or vaccine that will take care of unanimous consent that the time dur- clerk will call the roll. it. ing quorum calls be charged equally. The senior assistant legislative clerk The other side of it is what the CDC The PRESIDING OFFICER. Without proceeded to call the roll. is saying is scarier than we thought, objection, it is so ordered. Mr. NELSON. Mr. President, I ask and that is the fact that it is having Mr. NELSON. Mr. President, I sug- unanimous consent that the order for such devastating societal and medical gest the absence of a quorum. the quorum call be rescinded. consequences for a woman who is preg- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without nant and gets the virus. We can imag- clerk will call the roll. objection, it is so ordered. ine the trauma to that family with a The senior assistant legislative clerk deformed child being born as a result of ZIKA VIRUS proceeded to call the roll. the virus. We can imagine the expense Mr. NELSON. Mr. President, the Mr. ALEXANDER. Mr. President, I to society of a child who is severely Zika virus is getting very serious. ask unanimous consent that the order handicapped. As a result, we are talk- Today one of the officials at the Cen- for the quorum call be rescinded. ing about major effort. The PRESIDING OFFICER. Without ters for Disease Control said that ‘‘this There is something else we can do is scarier than we initially thought.’’ about it; that is, the President’s budg- objection, it is so ordered. As to a pregnant woman who is in- etary request has $1.9 billion specifi- Mr. ALEXANDER. Mr. President, in fected with the Zika virus, it may not cally targeted for helping to do the re- December of 2014, Judge William Jo- only cause the fetus to be deformed search on the Zika virus. It is my hope, seph Haynes, Jr., of the Middle District with a much smaller head, but they are and I know I have the cooperation and, of Tennessee, assumed senior status, finding other birth defects as well as indeed, the considerable help and en- creating a vacancy on the Middle Dis- premature births. Normal, otherwise ergy of my colleague from Florida, trict bench. That vacancy has resulted healthy people who become infected Senator RUBIO, in wanting to seek this in increased caseloads for the three ac- with the virus usually have relatively and to get successfully in the appro- tive Federal district judges—Judge mild flu-like symptoms, but there are priations bill for the Department of Sharp, Judge Campbell, and Judge devastating consequences when the HHS the $1.9 billion to continue the re- Trauger. virus is contracted by a woman who is search and all of the ancillary expenses Fortunately, help is on the way. pregnant. Today the CDC said: ‘‘Most that are coming as a result of it. In June, Senator CORKER and I had of what we’ve learned is not reas- Down the road, we will find a vac- the pleasure of introducing Waverly suring.’’ They also said: ‘‘Everything cine. Down the road, we will be able to Crenshaw to the Senate Judiciary we look at with this virus seems to be manage this problem. But, in the Committee when it met to consider his a bit scarier than we initially meantime, there is a great deal of trau- nomination. I was pleased that the thought.’’ That is coming straight ma, some extraordinary heartbreak to committee agreed with our position, from the experts at CDC. some families, which should be, again, and they reported out his nomination When you look at where this virus is, the warning: If you are pregnant, do by voice vote the following month. unfortunately, there are more people in not go anywhere exposing the skin to a It’s easy to see why Tennesseans sup- my State of Florida who have the virus mosquito bite, particularly in those re- port Mr. Crenshaw and are excited than in any other State in the country. gions with that variety of mosquito about his nomination—and the pros- Nationwide, there are multiples of hun- that carries the Zika virus. pect that the Senate will confirm him dreds who have the virus. In the State So I hope by this time tomorrow tonight. He was born in Nashville, and of Florida, we have identified just night, we will say one hallelujah that then he stayed—attending Vanderbilt

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.006 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1846 CONGRESSIONAL RECORD — SENATE April 11, 2016 University for both college and law where we not only need someone to fill We can reduce the empty judgeships school. the role, but we need someone as dis- in those states if Republican leadership After law school, he clerked for tinguished as Mr. Crenshaw. would allow timely votes on the pend- Judge John Nixon in the Middle Dis- I thank the Presiding Officer for the ing judicial nominees on the Executive trict of Tennessee, the same court time. This Senator looks forward to his Calendar. All of those nominees were where we hope he will soon serve. After confirmation. I hope everyone will join reported out of the Judiciary Com- his clerkship, he worked for the Ten- in confirming this nominee. mittee by voice vote. There should not nessee attorney general before entering I yield the floor. be any further delay in confirming private practice. In 1987 he became an Mr. LEAHY. Mr. President, today we them. associate of a small labor and employ- will finally vote on the nomination of Last Thursday, the Leadership Con- ment law firm in Nashville. In 1990 he Waverly Crenshaw to fill a judicial ference on Civil and Human Rights and joined one of our largest firms—Waller emergency vacancy in the Federal Dis- 42 other organizations submitted a let- Lansden Dortch & Davis—where he is trict Court in the Middle District of ter to Chairman GRASSLEY expressing currently a partner. Tennessee. This vacancy has been open their dismay with the failure of the Ju- He is also active in the Nashville since December 2014, and Mr. Crenshaw diciary Committee to do its job to community serving as unpaid legal was nominated over a year ago, on Feb- process nominees for our Federal trial counsel to the Nashville Conventions ruary 4, 2015. He has the support of his and appellate courts, creating a grow- and Visitors Corporation, the Ten- two Republican home State Senators, ing backlog of judicial nominations. I nessee Independent Colleges and Uni- Senators ALEXANDER and CORKER. He ask unanimous consent to have printed was voted out of the Judiciary Com- versities Association, and the YWCA, in the RECORD a copy of this letter at among others. mittee by unanimous voice vote last the end of my statement. The Middle District of Tennessee is summer on July 9, 2015. There is no The American people expect Senators fortunate to have such a well-qualified good reason why it has taken 14 to do their jobs. This is true with judi- nominee. Waverly Crenshaw is a man months to confirm this nominee. cial nominations to the lower courts, Mr. Crenshaw is currently a partner of good character and of good tempera- but it is even more crucial for the Su- at the law firm Waller Lansden Dortch ment, and today I encourage my col- preme Court of the United States be- & Davis, LLP, in Nashville. Mr. Cren- leagues to vote for his confirmation. cause no one can fill in for the vacant shaw was the first African-American The PRESIDING OFFICER. The jun- seat on our highest Court. In just the partner at Waller, and in his nearly ior Senator from Tennessee. last few weeks, the Supreme Court has three-decade career in private practice, Mr. CORKER. Mr. President, I am deadlocked twice, so it was unable to he has tried approximately 50 cases to glad to join the senior Senator, as I serve its constitutional function. Re- verdict. Mr. Crenshaw also served for 3 have many times, but I thank him for fusing to consider Chief Judge Merrick his comments about this distinguished years in the Tennessee attorney gen- eral’s office as an assistant attorney Garland for the Supreme Court is not person whom I hope is going to be con- general. He has the experience and only unfair to him, it is irresponsible firmed this afternoon as a district qualifications necessary to serve on the and a threat to a functioning democ- court judge. Federal bench, and he should be con- racy. When the White House began looking A recent poll shows that nearly 70 firmed. for someone to fill this position, I This is our first judicial confirmation percent of Americans—including a ma- spoke with people, as I am sure Sen- vote in 2 months. In the last 2 years of jority of Republicans—say that the ator ALEXANDER did, across Middle the Bush administration—with a Senate should hold a hearing for Chief Tennessee to really find someone who Democratic majority—the Senate con- Judge Garland. That is what the Amer- not only would serve in his position firmed 68 judges. This new Congress, ican people are saying, but Republicans well but had, in his current role, been the Republican leadership has allowed are refusing to hear them. Instead of involved in the community and had only 16 judges to be confirmed since listening to their constituents, they done many other things outside of law they gained the majority last year. are listening to powerful interest to benefit the community itself. Cer- This record of obstruction began last groups. tainly, this is someone who has done year, when Senate Republicans con- Since public confirmation hearings of that. firmed the fewest judicial nominees in Supreme Court nominees began in 1916, It became very clear that he has dis- more than half a century. the Senate has never denied a Supreme tinguished himself not only as a tal- Senate Republican leadership is fail- Court nominee a hearing and a vote. ented attorney but also as a well re- ing our Federal judiciary with their ob- And based on the Senate’s precedent spected leader in the Nashville commu- struction of judicial confirmations. for decades, the Senate Judiciary Com- nity. As Lamar has mentioned, he is a When Senate Republicans took over mittee should hold a hearing for Chief lifelong Middle Tennessee resident. He the majority in January of last year, Judge Garland this month. received his law degree from Vander- there were 43 judicial vacancies. Since A public hearing would allow Ameri- bilt University. He was the first Afri- then, vacancies have dramatically in- cans to engage in the process of consid- can-American attorney at the Waller creased more than 75 percent to 79. ering the nomination and hear directly law firm, and he has been a partner Furthermore, the number of judicial from Chief Judge Garland, but Senate since 1994. vacancies deemed to be ‘‘emergencies’’ Republicans continue to refuse to do He served as Tennessee’s assistant by the Administrative Office of the their jobs. Instead, Republicans have attorney general from 1984 to 1987, and U.S. Courts because caseloads in those outsourced their job to political inter- as a law clerk, as was mentioned, for courts are unmanageably high has est groups whose only goal is to raise the Honorable John Nixon. This is ex- nearly tripled under Republican Senate millions of dollars to launch a smear actly the branch he hopes to serve in. leadership—from 12 when Republicans campaign against the nominee’s admi- I am confident he will serve the peo- took over last year to 34 today. rable record of public service. These ple of Middle Tennessee in this new After we vote on Mr. Crenshaw’s outside groups are not accountable to role in an honorable fashion. I am nomination, 19 judicial nominees will the American people. They do not have proud to be here to support him with remain pending on the Executive Cal- the American people’s interest in mind. our senior Senator and with so many endar. This includes nominees with They are private, powerful groups other people, by the way, in Middle home state support from Republican whose only goal is to advance their Tennessee who want to see him con- Senators, including Robert Rossiter for own special interests at any cost. firmed in this position. I hope others the Federal District Court in the Dis- These special interest groups are will join us today in confirming him, trict of Nebraska; Edward Stanton for spending millions of dollars in dark and I look forward to him serving. By the Federal District Court in the West- money to run ads distorting Chief the way, it is a place where there is a ern District of Tennessee; and Susan Judge Garland’s record. At the same dire need to have someone of his capac- Baxter and Marilyn Horan for the Fed- time, Republican Senators are plan- ity. We have many cases that are eral District Court in the Western Dis- ning to deny Chief Judge Garland a backed up. This is one of those places trict of Pennsylvania. chance to defend himself at a public

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.008 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1847 hearing. It is wrong, it is harmful, and tirely—putting political considerations the Senate Judiciary Committee, held sev- it is unfair. ahead of the national interest in a well-func- eral positions within the Department of Jus- Some Senators have claimed that tioning judicial branch, and ahead of the tice, and spent six years in private practice. their unprecedented obstruction constitutional responsibility of the Senate In 2008, she was appointed as a judge to the to do its job of providing advice and consent Superior Court of California for Santa Clara against Chief Judge Garland is based on presidential appointments. County by then-Governor Arnold on ‘‘principle, not the person.’’ But it While a great deal of public attention has Schwarzenegger. She would be only the sec- is not principled to attack Chief Judge rightly been focused on the pending nomina- ond Asian American woman ever to serve on Garland’s sterling career and then tion of Chief Judge Merrick Garland to the a federal circuit court. refuse to allow him the chance to re- U.S. Supreme Court, vacancies on the lower Abdul K. Kallon (Eleventh Circuit): Nomi- spond at a public hearing. courts must not be lost amidst the debate. nated on Feb. 11, Judge Kallon has served on Rather than following the demands This year, President Obama has nominated the U.S. District Court for the Northern Dis- of unaccountable interest groups, Re- seven individuals to serve on U.S. Courts of trict of Alabama since 2009, after being con- Appeal in various circuits throughout the firmed by the Senate by unanimous consent. publicans should listen to the Amer- country, including several in circuits that For the previous fifteen years, Judge Kallon ican people who want to see real lead- are currently experiencing judicial emer- specialized in labor and employment law as a ership in Washington. Americans want gencies. While some senators have expressed partner at the Birmingham, Alabama firm Republicans to do their jobs and con- vague and superficial reasons for opposing Bradley Arant Boult Cummings LLP. If con- sider for themselves the merits of Chief consideration of individual nominees, the firmed, Judge Kallon would be the first Afri- Judge Garland’s record through a pub- qualifications of these nominees cannot be can American from Alabama to serve on the lic hearing and a vote. seriously disputed— every one of the nomi- Circuit. I am glad that several Republican nees below has an outstanding background, In addition, the committee has failed to as well as the widespread respect of those in act on dozens of pending district court nomi- Senators have agreed to meet with the legal community who know them best: nees—too many to list here—from through- Chief Judge Garland. This is a person Rebecca Ross Haywood (Third Circuit): out the country. As with the above appellate who has spent almost three decades in Nominated on March 15, Ms. Haywood has nominees, many of these nominees would fill public service and has more Federal ju- spent most of her legal career as an Assist- seats in districts that are currently facing dicial experience than any Supreme ant U.S. Attorney for the Western District of judicial emergencies. Many of the district Court nominee in history. Those who Pennsylvania, including as the Appellate and appellate nominees come from states in meet with Chief Judge Garland will see Chief of the Civil Division since 2010. She which both senators have returned their so- what I have seen: that he has an excep- regularly practices before the court to which called ‘‘blue slips,’’ indicating their approval she has been nominated—and, if confirmed, of the nominees. Normally, this should clear tional legal mind and a deep respect for would be the first African-American woman the way for hearings and up-or-down con- the Constitution. His commitment to to serve there. firmation votes. Instead, these nominees public service is inspiring, from his Lisabeth Tabor Hughes (Sixth Circuit): have fallen victim to election-year games- days at the Justice Department work- Nominated on March 17, Judge Hughes was manship. ing as a prosecutor on the ground in appointed to the Kentucky Supreme Court in The complete obstruction of nominees is the aftermath of the Oklahoma City 2007 by then-Governor Ernie Fletcher and unprecedented, and the arguments some are bombing to his nearly two decades as a was reelected twice, including without oppo- making in defense of this obstruction are sition in 2014. She previously served on the wholly unpersuasive. In 2008, the Democratic Federal appellate judge. Kentucky Court of Appeals (also having been party-controlled Senate confirmed 22 judges But simply meeting with Chief Judge appointed by Gov. Fletcher), and has exten- in the last seven months of George W. Bush’s Garland is not enough. The Senate sive experience in both private practice and presidency, including 10 in September 2008. must act on his nomination. In the last as a trial judge in Jefferson County, Ken- During Ronald Reagan’s presidency, the Sen- several weeks, the Supreme Court tucky. She would be the first woman from ate on average confirmed 16 judges in the deadlocked twice and was not able to Kentucky on the court. second half of presidential election years. carry out its constitutional role as the Donald Karl Schott (Seventh Circuit): There is no legitimate reason why things final arbiter of our Nation’s laws. Nominated on Jan. 12, Mr. Schott graduated should be any different in the last year of cum laude from Harvard Law School in 1980. President Obama’s second term. Where you live will impact what your Since then, he has spent most of his legal ca- While the Committee refuses to do its job, rights are. That is unacceptable and reer in private practice at Quarles & Brady, the American people are left to pay the contrary to our constitutional system. where he became a partner in 1987, and has price. There are currently 32 judicial emer- If Republicans’ irresponsible obstruc- extensive trial and appellate litigation expe- gencies nationwide (16 of the pending nomi- tion of Chief Judge Garland does not rience, at both the state and federal levels, nees would fill these seats), and more than 40 stop, this will continue at the Supreme specializing in securities and business fraud, total nominees pending in committee or on Court for two terms. commercial disputes, health care, and en- the Senate floor. Many of the pending nomi- I hope Senate Republicans will listen ergy-related issues. nees would fill vacancies in courts that have Myra C. Selby (Seventh Circuit): Nomi- been left shorthanded for years. Donald to the American people, roll up their nated on Jan. 12, Ms. Selby spent 15 years in Schott would fill a Seventh Circuit seat that sleeves, and do their job. We must private practice and Indiana state govern- has been vacant for more than six years, and carry out one of our most important ment before being nominated in 1995 to the more than 30 of the 46 pending nominees are and solemn responsibilities and con- Indiana Supreme Court. She was the first Af- nominated to seats that have been empty for sider the Supreme Court nomination rican American and first woman to serve more than a year. before us. there, and authored more than 100 majority Meanwhile, the inaction is slowing the There being no objection, the mate- opinions, before returning to private prac- wheels of justice for all types of parties who rial was ordered to be printed in the tice in 1999. Since then, she has specialized in are seeking to vindicate their legal and con- commercial and health care litigation. She stitutional rights. Numerous judges have ex- RECORD, as follows: would be the first African American from In- plained the consequences they and litigants THE LEADERSHIP CONFERENCE diana and the first woman from Indiana on face: long delays on even the most simple fil- ON CIVIL AND HUMAN RIGHTS, the Seventh Circuit. ings and motions, protracted waits for post- Washington DC, April 7, 2016. Jennifer Klemestrud Puhl (Eighth Circuit): conviction sentences, spoiled evidence, wit- Hon. CHARLES GRASSLEY, Nominated on Jan. 28, Ms. Puhl spent several nesses whose memories fade, lost businesses Committee on the Judiciary, U.S. Senate, Wash- years in private practice and as a clerk on and the jobs that go with them while waiting ington, DC. the North Dakota Supreme Court. In 2002, for trials, and many more. Not only is the DEAR CHAIRMAN GRASSLEY: On behalf of she joined the criminal division of the U.S. situation rife with injustices, but it is also The Leadership Conference on Civil and Attorney’s Office for the District of North completely unsustainable. Human Rights and the 42 undersigned orga- Dakota, where she prosecutes a wide range of The Committee has a constitutional re- nizations, we write to express our dismay criminal cases and specializes in computer sponsibility to provide advice and consent on with the failure of the Judiciary Committee hacking and cybersecurity, intellectual presidential nominees, and a duty to the to address a growing backlog of federal judi- property, and human trafficking. She would American people to simply do its job. In the cial nominations. With only 16 judges con- be the first woman federal judge at any level coming weeks and months, our organizations firmed so far, the 114th Congress is on pace in North Dakota. will continue to make the case until it does. to have the lowest number of judges con- Lucy H. Koh (Ninth Circuit): Nominated on If you have any questions, please contact firmed since the 82nd Congress in 1951–1952. Feb. 25, Judge Koh became the first Asian Rob Randhava, Senior Counsel at The Lead- Even worse, in the face of rising caseloads American judge to serve on the U.S. District ership Conference on Civil and Human and continuing judicial emergencies, it ap- Court for the Northern District of California, Rights at (202) 466–3311, or any of the organi- pears that the Committee is determined to having been confirmed in 2010 by a 90–0 vote. zations listed below. As organizations that shut down the confirmation process en- Prior to her current position, she worked for collectively represent millions of diverse

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.015 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1848 CONGRESSIONAL RECORD — SENATE April 11, 2016 Americans who have a stake in a fair, effec- standing. That is just common sense. Moran Rounds Tester tive judicial system, we thank you for con- That is being gentlemanly about the Murphy Rubio Thune Murray Sasse Tillis sidering our views. rules of airlines. Sincerely, Nelson Schatz Toomey Perdue Schumer The Leadership Conference on Civil and Thirdly, the amendment tries to keep Udall families together because it would re- Peters Scott Warner Human Rights, AFL-CIO, Alliance for Jus- Portman Sessions tice, American Constitution Society for Law quire the airlines to make sure that at Warren Reed Shaheen Whitehouse and Policy, American Federation of State, Reid Shelby least one adult of the family who is Wicker Risch Stabenow County, and Municipal Employees, American traveling together can sit next to the Wyden Federation of Teachers, American-Arab child on the plane without the airlines Roberts Sullivan Anti-Discrimination Committee, Americans saying the parent will have to pay an NOT VOTING—8 for Democratic Action, Asian Americans Ad- vancing Justice AAJC, Asian Pacific Amer- extra fee in order to guarantee having Capito Johnson Sanders a seat next to their minor child. This is Cruz Murkowski Vitter ican Labor Alliance, AFL-CIO (APALA), As- Graham Paul sociation of Asian Pacific Community common sense, and it is encouraging Health Organizations, The Center for Asian family travel. The nomination was confirmed. Pacific American Women, Coalition of Black I certainly urge my colleagues to The PRESIDING OFFICER. Under Trade Unionists, Constitutional Account- support this amendment as we will be the previous order, the motion to re- ability Center, CREDO, Defenders of Wild- taking up the FAA bill after this judi- consider is considered made and laid life, Disability Rights Education & Defense upon the table and the President will Fund, Earthjustice, Human Rights Cam- cial nomination confirmation vote. paign, Lawyers’ Committee for Civil Rights I yield the floor. be immediately notified of the Senate’s Under Law, League of Conservation Voters, I suggest the absence of a quorum. action. NAACP. The PRESIDING OFFICER. The f NAACP Legal Defense and Educational clerk will call the roll. LEGISLATIVE SESSION Fund, Inc., National Association of Human The legislative clerk proceeded to Rights Workers, National Association of So- call the roll. The PRESIDING OFFICER (Mr. cial Workers, National Black Justice Coali- LANKFORD). Under the previous order, tion, National Center on Time and Learning, Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order the Senate will resume legislative ses- National Community Reinvestment Coali- sion. tion, National Congress of American Indians, for the quorum call be rescinded. National Council of Asian Pacific Americans The PRESIDING OFFICER. Without The majority whip. (NCAPA), National Council of Jewish objection, it is so ordered. f Women, National Education Association, Na- Mr. ALEXANDER. I yield back any MORNING BUSINESS tional Employment Lawyers Association, remaining time. National Fair Housing Alliance, National Mr. CORNYN. Mr. President, I ask Hispanic Media Coalition, National LGBTQ The PRESIDING OFFICER. Without unanimous consent that the Senate be Task Force Action Fund, National Partner- objection, it is so ordered. in a period of morning business, with ship for Women & Families, National Wom- The question is, Will the Senate ad- Senators permitted to speak for up to en’s Law Center, People For the American vise and consent to the Crenshaw nom- 10 minutes each. Way, Pride at Work, South Asian Americans ination? Leading, Together (SAALT) United Auto The PRESIDING OFFICER. Without Mr. CORKER. Mr. President, I ask objection, it is so ordered. Workers (UAW), The Workmen’s Circle. for the yeas and nays. The PRESIDING OFFICER. The Sen- Mr. CORNYN. Mr. President, I sug- The PRESIDING OFFICER. Is there a ator from Florida. gest the absence of a quorum. sufficient second? AMENDMENT NO. 3524 The PRESIDING OFFICER. The There appears to be a sufficient sec- Mr. NELSON. Mr. President, while clerk will call the roll. ond. we are waiting for members of the Ju- The senior assistant legislative clerk The clerk will call the roll. diciary Committee to come and speak proceeded to call the roll. The legislative clerk called the roll. to the judicial nomination we will vote Mr. INHOFE. Mr. President, I ask on shortly, I want to take the oppor- Mr. CORNYN. The following Senators unanimous consent that the order for tunity to talk about a pending amend- are necessarily absent: the Senator the quorum call be rescinded. ment which is being offered by Senator from West Virginia (Mrs. CAPITO), the The PRESIDING OFFICER. Without Senator from Texas (Mr. CRUZ), the BENNET of Colorado and which I would objection, it is so ordered. Senator from South Carolina (Mr. GRA- recommend to the Senate that they fa- f HAM), the Senator from Wisconsin (Mr. vorably consider. It is dealing with VIEQUES families traveling on airlines. JOHNSON), the Senator from Alaska As you know, things get very specific (Ms. MURKOWSKI), the Senator from Mr. INHOFE. Mr. President, we are about seats and how much they charge Kentucky (Mr. PAUL), and the Senator all concerned about the plight right for the seats. You pay extra for some from Louisiana (Mr. VITTER). now of Puerto Rico and what is hap- baggage and other services, and then Mr. DURBIN. I announce that the pening over there financially. And you get into seats that are getting in- Senator from Vermont (Mr. SANDERS) later on this week I will revisit the creasingly smaller. It is even worse for is necessarily absent. issue of the 4-year battle of Vieques a woman who is pregnant or is trav- The result was announced—yeas 92, that took place from 1999 to 2003. I am eling with small children. nays 0, as follows: very much concerned that we might Senator BENNET’s amendment is a [Rollcall Vote No. 44 Ex.] have an opportunity here to rectify family-friendly amendment. If a parent YEAS—92 something that was done that should has a minor child who is going on the Alexander Coons Heller not have been done back in 2002. plane by themselves, it would require Ayotte Corker Hirono The island off of Puerto Rico called TSA to allow the parent to accompany Baldwin Cornyn Hoeven Vieques had been an integrated train- Barrasso Cotton Inhofe the child throughout the screening Bennet Crapo Isakson ing center for many years—about 60 process. To a small child, that can be Blumenthal Daines Kaine years—up until 2002. For purely polit- quite intimidating. Blunt Donnelly King ical reasons at that time, it became Secondly, it would require the air- Booker Durbin Kirk quite an issue. First of all, joint train- Boozman Enzi Klobuchar lines to provide pregnant women with Boxer Ernst Lankford ing took place on the island of Vieques. the opportunity to preboard the flight. Brown Feinstein Leahy Joint training means you have dif- How many times have we seen every- Burr Fischer Lee ferent branches of the military trying Cantwell Flake Manchin body queueing up to get on the flight? Cardin Franken Markey to accomplish something together that The special advantage passengers get Carper Gardner McCain they couldn’t do individually. In the on, the first class passengers get on, Casey Gillibrand McCaskill case of Vieques, it was the Marines, the the members of the frequent flyer pro- Cassidy Grassley McConnell Navy, and the Air Force. We were able Coats Hatch Menendez gram get on, and here is a lady who is Cochran Heinrich Merkley to do the type of training we couldn’t quite along in her pregnancy still Collins Heitkamp Mikulski do anyplace else.

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.003 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1849 It sounds kind of ridiculous, but been a substitute for Vieques. I went to be discussed tomorrow over in the when they were talking about doing Cape Wrath—I always remember that— House—would turn over approximately away with using Vieques for a military which I think is in northern Scotland, 3,000 acres of Department of Interior center—what they had been doing for and I went to Southern Sardinia in conservation zones that were formerly 60 years—it was all around an estab- Italy, and none of those places were part of Vieques. lishment called Roosevelt Roads. Roo- adequate and none could provide the What happened in 2002 was that the sevelt Roads was a major naval sta- same type of support. land that had been used for the train- tion. We had about 7,000 sailors there. Admiral Fallon, then commander of ing range was turned over to this de- They added something like $600 million the Navy’s Second Fleet, and General partment. Now they are talking about a year to the economy of Puerto Rico. Pace—remember Peter Pace—the com- taking it out, I suppose, for people to Anyway, we found out there was a mander of all Marine Forces in the At- develop. great effort by a lot of people who I lantic, testified that the United States I remember so well the time when we will always suspect wanted to ulti- needs Vieques as a training ground to were talking about closing Vieques. I mately develop that island for private prepare our young men and women for was the chairman of the Senate Armed purposes and to financially gain from the challenges of deployed military op- Services Committee Readiness Sub- that. Consequently, with no regard for erations. committee. Puerto Rico’s Governor the contribution it made to our de- GEN Wes Clark, the Supreme Allied Rossello came. He is not in office any- fense, they started a major problem. Commander at that time, said: ‘‘The more. But he made all kinds of threats: One person was killed in 60 years on live fire training that our forces were It is just a bluff that it would be clos- that island, and because that happened exposed to at training ranges such as ing. to have taken place, they used it as a Vieques helped ensure that the forces I made the statement that if we are reason to try to shut that down. It be- assigned to this theater’’—and he was denied the opportunity to use the is- came quite a political football at that talking about Kosovo. That is when we land of Vieques for joint training, then time. I know Al Gore was very much had to be ready on arrival to fight and we were going to lose Roosevelt Roads. Governor Rossello sat there and said: involved in that, and there were some win and survive, which we did. INHOFE is not telling the truth. We are great benefits, I am sure. CAPT James Stark, then the com- From World War II through the oper- manding officer of Roosevelt Roads not going to lose that. Of course, they did lose it. So in 2003 ation in Kosovo, our military has been Naval Station—there were about 7,000 the total impact from the Navy was es- ready to execute combat operations of our sailors there—said: timated to be $600 million a year. The due to the training they were able to When you steam off to battle you’re either departure of the Navy also impacted get on the island of Vieques. In fact, ready or you’re not. If you’re not, that means casualties. That means more POWs. business and contracts, as we know. during Kosovo they used those individ- That means less precision and longer cam- I was visiting with Miriam Ramirez uals to conduct successful operations. paigns. You pay a price for all this in war, just today. At the time, she was in the They were all trained at no place other and that price is blood. State Senate in Puerto Rico and was than Vieques. The reason for that is if Admiral Murphy, then commander of talking about the disastrous economic they were going into Kosovo, as our Air the Sixth Fleet of the Navy, said the effects if they closed Vieques. She is Force was going in, they would have to loss of training on Vieques would ‘‘cost still concerned about that, and many of be able to draw coordinates from a high American lives.’’ And it has cost Amer- the people who were the strongest op- enough elevation that the surface-to- ican lives, and that has been since 2002. ponents of my efforts at that time to air missiles would not be able to reach We are talking about American lives keep Vieques operating are now saying them, for their safety. And if we hadn’t unnecessarily put at risk if they are we should have left it open. had all those guys over there who were not fully trained for combat oper- So I think any kind of a deal that is trained at Vieques, it was speculated ations. made has to include consideration that that they would not have been success- I remember one person back at that the training is still available. There is ful. time talking about the analogous situ- still no range like Vieques anywhere in Secretary Richard Danzig, who was ation of a football team where you the Western Hemisphere. What can be then the Secretary of the Navy, said have all the quarterbacks training over done in Vieques cannot be done in one that ‘‘only by providing this prepara- here, all the backs over here, and all location by a joint force. I understand tion can we fairly ask our servicemem- the defensive people training over here, firsthand both the importance and the bers to put their lives at risk.’’ Admi- but never training together, and then significance of having a range in your ral Johnson, then Chief of Naval Oper- they go and lose. You have to have in- home State. ations, and General Jones, then Com- tegrated training. We don’t even have I remember a popular TV show at mandant of the Marine Corps, said that that today. We have tried to find and that time called ‘‘Crossfire.’’ I was on Vieques provides integrated live-fire to replicate that effort, and it isn’t the show in May of 2000. Juan Figueroa training ‘‘critical to our readiness’’ and there. was the president of the Puerto Rican that the failure to provide for adequate This week, I understand—and the Legal Defense and Education Fund, and live-fire training for our naval forces reason I came down quite unprepared is we were debating this on live TV. before deployment will place those because I didn’t know this was coming He said: Well, how would you, forces at an unacceptably high risk up—the House Natural Resources Com- INHOFE, like to have a live range in during deployment. Those are quotes mittee is going to consider legislation your State of Oklahoma? from those two individuals. that provides bankruptcy powers to I said: Let me tell you about Fort Admiral Ellis, then director of oper- Puerto Rico while subjecting it to the Sill. They train 360 days out of the ations, plans, and policies on the staff authority of a Federal oversight board. year, 24 hours a day, and they make all of the commander in chief of the U.S. This is something that is going to be- kinds of noise. It is within 1 mile of a Atlantic Fleet, said during his con- come very controversial. There will be population of 100,000 people—at that firmation hearing—and I was there at a lot of people around saying: Why are time, Vieques was within 9.5 miles of that time—to be commander of Stra- we doing this? And once you provide 9,000 people—and there are all these tegic Command, ‘‘Those types of facili- these benefits to Puerto Rico, there is people who hear this noise down there. ties, particularly those in which we can no reason why others won’t line up and They were in town last week. They bring together all of the naval, and want the same thing. said: When we hear that noise, it is the that means both Navy and Marine I really am concerned that Puerto sound of freedom. Corps, combat power for integrated and Rico, apparently—and I don’t know if Here is something interesting. They joint training, are particularly useful this is true, but they are saying it— opened up what is considered to be the elements of the overall warfighting owes some $73 billion in government most modern, most progressive ele- preparation.’’ debt. In January, Puerto Rico started mentary school. They call it Freedom At the time we felt there was a prob- defaulting on part of that debt. Elementary School. They named it lem, I personally went around the Section 411 of this legislation—we are after that phrase: It is the sound of world to every place that might have talking about the legislation that will freedom.

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.013 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1850 CONGRESSIONAL RECORD — SENATE April 11, 2016 So this is what is happening. I am wasn’t all due to farming though. It is ‘‘There isn’t much competition for my age very much concerned that we are going said that, when Jack Dempsey was the group in that event,’’ said Gray, who co-owns to stumble and pass up an opportunity world heavyweight champion, Ed the Four Corners produce and dairy farm in that might still be there. We have an Gray’s biceps measured the same di- Newbury, Vt. ‘‘I’d like to think part of it is that I’m in pretty good shape.’’ opportunity to actually go back and ameter. Of course, Ed was an accom- Gray’s competition was stiffer last month use that for some of our joint training. plished gardener himself. at the Masters World Cup in Vuokatti, Fin- So later this week I am going to go I could go on about Bob’s talents as a land, where he left with two silver medals back and relive the history on the 4- farmer. A teacher by instinct, anyone and a bronze. On Feb. 6, he bettered 75–year- year battle of Vieques. Hopefully, this who visits the farm may find them- old Frenchman Daniel Chopard by two sec- might be an opportunity for us to save selves treated to a lesson in pruning to- onds for second place in the 10K skate in American lives and to have integrated mato plants, planting and mulching 33:40, then beat Chopard by 35 seconds with a training, which we still don’t have strawberry seedlings, or the peculiar time of 47:34.1 in the 15K skate Feb. 12. habits of honey bees. Kim, a former al- Norwegian Finn Magnar Hagen decidedly today and which we had back in that won both skate races, finishing the 10K a time. pine ski racer herself, is also a gifted good 2:40 ahead of Gray and besting him in With that, I yield the floor. farmer whose stamp on the business the 15K by nearly four minutes. I suggest the absence of a quorum. can be seen everywhere. Neither could ‘‘There was just no catching Finn; he was The PRESIDING OFFICER. The have made Four Corners Farm what it just gone,’’ said Gray. ‘‘On the other hand, clerk will call the roll. is today without the other. me and Chopard had a great time going back The senior assistant legislative clerk Bob never stopped skiing for fun, but and forth. We’d pass each other and say, ‘All proceeded to call the roll. he didn’t take up racing again until the right, I’ll see you up ahead on the hill.’ ’’ 1990s. This past winter he showed that, Neither Hagen nor Chopard competed in Mr. MCCONNELL. Mr. President, I the 5K classic on Feb. 8, a race in which the ask unanimous consent that the order if you love something enough and give top four were separated by just 17 seconds. for the quorum call be rescinded. it everything you have got, just about Russia’s Gennady Ushakov won in 18:10.9, fol- The PRESIDING OFFICER. Without anything is possible. lowed by Austrian Josef Schniagl, Gray objection, it is so ordered. At the World Masters cross-country (18:19.7) and Finland’s Taplo Wallenkus (18:27.9). f ski races in Voukatti, Finland, and at the National Masters at Royal Gorge, ‘‘I think I had a chance to win that race, TRIBUTE TO ROBERT HAWKES CA, Bob won a gold medal, two silvers, but my skis just weren’t up to par with some GRAY and a bronze. Some might think that, of the skis these other guys had,’’ Gray said. ‘‘I made one tactical error, started kicking Mr. LEAHY. Mr. President, I wish to by the time you get to be 76, you are too lightly and it got me off-track. I was pay tribute to an extraordinary probably skiing pretty slowly and still able to make up most of the places I Vermonter, Robert Hawkes Gray. Bob, there isn’t that much competition in lost and close the gap. It was a close race, a as he is known to family and friends, your age group anyway. Let’s just say fun race.’’ grew up in Putney where his parents that at the Masters no one skis slow- Gray, a Vermont Ski & Snowboard Mu- worked at the Putney School. His fa- ly—no one skis anything remotely like seum Hall of Fame inductee whose wife, ther, Edward, was in charge of build- slowly. These are the best skiers in the Kim, is a former U.S. Alpine skier, competed world, and to the rest of us mere mor- in the 1968 and ’72 Olympic Games. His best ings and grounds, and his mother, finish was 12th place in the 4x1OK relay in Mabel, ran the kitchen. Ed’s ability to tals, there isn’t that much difference the ’68 Games in Grenoble, France, comple- fix anything and Mabel’s cooking and between them and today’s Olympians. menting three combined top-50s in individual way of keeping order are remembered A March 31, 2016, article in the Valley events at Grenoble and the ’72 Games in vividly and fondly to this day by thou- News, entitled ‘‘Septuagenarian Gray Sapporo, Japan. sands of Putney graduates. Skiing His Way to Wins’’ tells the The Putney, Vt., native also skied four Bob attended Putney where he story. I congratulate Bob Gray. He ex- seasons in the FIS Cup (now known as the learned to ski cross-country thanks to emplifies the very best of Vermont for FIS World Cup), winning national titles in his inspiring work ethic, his ski racing the 15K and 50K and earning the top U.S. Olympian skier John Caldwell, the fa- ranking in 1973. ther of cross-country skiing in America accomplishments, and the example he The Grays opened the Green Mountain who taught at the school. Bob went on has set for future generations of Touring Center in Randolph in 1977 while to run the outdoor work program at Vermont skiers and farmers. I ask running their first farm in Hartland Four Putney and coached cross-country ski- unanimous consent that the article be Corners, inspiring the moniker they kept ing and running. He became an Olym- printed in the RECORD. even after moving operations to their plot in pian himself, competing in the 1968 and There being no objection, the mate- Newbury. rial was ordered to be printed in the Bob Gray later had about a 12-year hiatus 1972 winter games, and was inducted from the sport while devoted to raising the RECORD, as follows: into Vermont’s Ski and Snowboard Mu- couple’s three children and farming, not seum Hall of Fame. [From the Valley News, Mar. 31, 2016] strapping on skis again until the early 1990s. After skiing, Bob’s lifetime passion SEPTUAGENARIAN GRAY SKIING HIS WAY TO He competed off and on in various national has been farming. He and his wife, Kim, WINS and international competitions, capturing own and manage Four Corners Farm, (By Jared Pendak, Valley News Staff Writer) bronze at an event in Quebec City in 2001 and one of the most successful vegetable NEWBURY, VT.—Bob Gray returned to cross two silvers and a bronze five years later in and dairy farms in Vermont. Located country skiing several years ago, primarily British Columbia. He began refocusing on training and competing in earnest several on a beautiful hillside that levels off as a way to keep his heart pumping. As it turned out, he’s more than capable of break- years ago, motivated equally by the desire to along the Connecticut River in South ing the hearts of opponents. keep his heart rate up as much as keeping Newbury, the sprawling acreage of the Gray, 76, recently swept a pair of races at his competitive juices going. farm is a model of order and aston- the National Masters Championships in Soda ‘‘When you get older, if you don’t keep ishing productivity. Just about any- Springs, Calif., winning the Masters 5B (ages moving, you get sick and die,’’ Gray said thing that will grow in Vermont, either 75–79) 10K classic race on March 19 in 33 min- plainly. ‘‘So much of your health is about in fields or in greenhouses heated by utes, 58.6 seconds, more than nine minutes staying active and exercising. I get some of that on the farm, but I’m much more of a wood stoves, can be found there in faster than runner up Hans Muehlegger, of Idaho, and good for 20th overall in a field of manager type now than I used to be. So (re- abundance. 53. turning to skiing) is a way to keep my heart Everyone knows that farm work is The next day, Gray placed fifth overall beating.’’ hard by any standard. It means rising while winning his 70–79 age group in the sea- Like any snow sports athlete based in the before sunrise and long hours of stren- son-ending U.S. Marathon National Cham- area, Gray faced challenges finding suitable uous physical labor that continues into pionship, finishing the 14K bronze race in surfaces to train on this winter. He ventured the night. Anyone who visits Four Cor- 48:12.1—again more than nine minutes ahead to Craftsbury Nordic Center at times to ners Farm can’t help but wonder how of Muehlegger. practice on their manmade trails, but most A two-time Olympian who competed on the often settled for dry-land exercises. they do it all. It is a testament to the U.S. Nordic Ski Team from 1960–74, Gray had ‘‘I’d go up (North Haverhill’s) Black Moun- benefits of regular physical exercise, as also swept both events in the 2015 National tain, Mount Moosilauke, sometimes Mount Bob, now 76, looks closer to 60 and has Masters Championships, held closer to home Ascutney, always with ski poles to help prac- the strength of someone half his age. It at the Craftsbury (Vt.) Nordic Center. tice balance,’’ Gray said. ‘‘I’d go uphill on

VerDate Sep 11 2014 07:44 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.014 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1851 paved roads on rollerblades—I like highest levels of government has often that was driving the wrong direction rollerblades better than roller skis. I can go been weak or lacking altogether. on Interstate 80 near Waukee. I wish to from here up Snake Road to West Newbury, Maury is in Haiti again this week, take a moment to celebrate the life which is about three miles, so that’s perfect. and I want him to know that the exam- and service of Officer Puente-Morales. The only problem with that is that I’m too tired to skate home after that so I have to ple he has set of selflessness, of caring, Officer Puente-Morales served tours have someone come get me.’’ commitment to human rights and in Iraq and Afghanistan in the Iowa Gray, who was trained in his youth by equal access to justice, and of an un- Army National Guard, where he at- former Dartmouth skier and Olympian John wavering belief in the basic dignity of tained the rank of staff sergeant. He Caldwell, would like to see more kids today all people regardless of their station in served his community as a deputy sher- on Nordic skis. He’s given lessons in recent life, is one that every law student, iff for Franklin County and as an years at Strafford Nordic Center and else- every lawyer, every prosecutor, every Ottumwa police officer before coming where. ‘‘It’s a great sport, a great way to get kids judge, and every prison warden should to Des Moines to be closer to family. off of the couch or away from the computer,’’ strive to emulate. He joined the Des Moines police force Gray said. ‘‘Plus, you can do it until you’re f just last year. my age.’’ Des Moines Police Chief Dana HONORING POLICE OFFICER f Wingert has referred to Officer Puente- SUSAN FARRELL Morales as a loyal servant. I believe TRIBUTE TO MAURICE GEIGER Mr. GRASSLEY. Mr. President, Des this to be a very fitting description. He Mr. LEAHY. Mr. President, I wish to Moines police officer Susan Farrell had was loyal to his family, to his commu- recognize Maurice Geiger, known by a lifelong dream of a career in law en- nity, to his country, and he did it with family and friends as Maury, an ex- forcement. At the young age of 30, she a heart full of love. He was just 34 traordinary individual who, although a was living out her dream and on course years old when he left us, but his serv- longtime resident of Conway, NH, with for a bright career. ice and the example he set for all of us his wife, Nancy, is deserving of the But on March 26, just five months will endure for many years to come. title of honorary Vermonter. after joining the Des Moines Police De- Officer Puente-Morales will be Maury Geiger’s lengthy career began partment, Officer Farrell lost her life missed by his family and the commu- in the U.S. Navy back in the 1950s, in the line of duty along with fellow of- nity that he served. from where he went on to Georgetown ficer Carlos Puente-Morales when their Officer Puente-Morales’s mother Law School and jobs at the Bureau of vehicle was struck by another that was wisely said, ‘‘We shouldn’t wait for a Prisons and the Department of Justice. driving the wrong direction on Inter- tragedy to recognize our heroes.’’ She He later served as a county prosecutor state 80 near Waukee. I wish to take a is exactly right. On behalf of Iowans in New Hampshire, founded the Rural moment to celebrate Officer Farrell’s and all Americans, I express my grati- Justice Center in Montpelier, VT, life and service. tude for Officer Puente-Morales’s serv- where I first got to know him, became Early on, growing up in the Des ice to community and country. My a national expert in court administra- Moines area, Officer Farrell knew she deepest sympathy is with his family in tion, and has provided advice and guid- wanted a career in public service. She this difficult time. I thank all those ance to help reform dysfunctional jus- studied criminal justice at Hamilton who walk in Officer Puente-Morales’s tice systems in foreign countries for College and returned to her home town *COM007*footsteps to protect and more than two decades. after graduating to begin living her serve. In no country has Maury devoted dream. She worked as a detention offi- f more passion, time, and energy than cer in Polk County Jail for several Haiti, where justice has long been more years and was promoted to deputy just CONGRATULATING LEONARD of a fantasy than a reality for the ma- a year ago. She joined the Des Moines MINSKY jority of the Haitian people. Police Department last fall and was ex- Ms. COLLINS. Mr. President, at its Since the 1990s, Maury has traveled cited to expand her education there. 214th commencement on May 14, 2016, to Haiti scores of times, often paying Along the way, Officer Farrell quick- the University of Maine at Orono will out of his own pocket. His purpose was ly earned the respect of her colleagues. award an honorary doctorate degree to simple: to help improve access to jus- She was someone they could always Leonard Minsky of Bangor. Today I tice for thousands of people caught up count on to help resolve situations. wish to congratulate my dear friend for in a byzantine system in which it is She also received awards of commenda- this recognition and to join people common to be detained in squalid, tion and lifesaving for her work on the throughout Maine in thanking him for grossly overcrowded, sweltering pris- response team. One colleague summed his uncommon generosity, vision, and ons rampant with life-threatening dis- up her abilities like this: ‘‘There dedication that have made our univer- eases, for months and years, without wasn’t a situation where I wouldn’t sity’s flagship campus a center for the ever seeing a lawyer or judge or being want Susan with me.’’ arts and humanities. formally charged with any crime. Officer Farrell will be greatly missed A member of the class of 1950, Leon- Over the years, often against great by her family and friends, as well as ard received an outstanding education odds, Maury has worked to train nu- the Des Moines community that she at UMaine and has never stopped giv- merous Haitian prosecutors, judges, worked to protect. ing back. His passion for the arts and and other judicial officials and to insti- I express my deepest sympathies to commitment to the highest expressions tute recordkeeping systems to improve Officer Farrell’s family, friends, and of human ideals are evident throughout case management and reduce the colleagues and my sincere gratitude for the beautiful Orono campus. Minsky chance that inmates are forgotten or her service to our State and for her Recital Hall in the school of per- their case files are lost. work to keep our communities safe. forming arts is a marvelous place for Maury is not only among a handful of f students, faculty, and world-class vis- the most experienced experts in the iting artists to perform. In recent field of court administration; he is a HONORING POLICE OFFICER years, I have had the pleasure of hear- person of exemplary integrity. He has CARLOS PUENTE-MORALES ing the University Singers, which in- never had the slightest interest in prof- Mr. GRASSLEY. Mr. President, Des cluded my niece, perform there. iting himself, as his modest lifestyle Moines Police Officer Carlos Puente- The Minsky Gallery in the Maine demonstrates, but rather to do what- Morales’s life was marked by a com- Center for the Arts celebrates the vis- ever he could to provide help and dig- mitment to serving others and frequent ual arts around the world. The Minsky nity to those who are the least able to expressions of love—love for his family Culture Lab at the Hudson Museum of- help themselves. He has done so, year and love for those he worked with. fers interactive, hands-on experiences after year, with uncommon compassion On March 26, Officer Puente-Morales for Maine schoolchildren and UMaine and commitment, never losing his wry lost his life in the line of duty along students. With Leonard’s support, the sense of humor, in a country where the with fellow officer Susan Farrell when UMaine Museum of Art in downtown political will for justice reform at the their vehicle was struck by another Bangor features the best in modern and

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.033 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1852 CONGRESSIONAL RECORD — SENATE April 11, 2016 contemporary art, from Andrew Wyeth duced by hard work and determination Lieutenant Colonel Ash served in a to Andy Warhol. was invested in schools and churches to variety of cavalry units and assign- Leonard’s partner in these endeavors create a true community. ments during his 22 years of service. As is his partner in life, his extraordinary Among the earliest settlers was a lieutenant, he served as a tank pla- wife, Renee. Leonard’s service has in- Salomon Stanley, whose descendants toon leader, scout platoon leader, troop cluded leadership roles on the univer- became the business, social, and reli- executive officer, and as a squadron sity’s development council, the Cam- gious leaders of the town. At the dawn staff officer in the 2nd Squadron, 3d Ar- paign for Maine, and the UMaine Board of the 20th century, his twin sons mored Cavalry Regiment. As a captain of Visitors. Renee, one of the first vol- Francis Edgar and Freelan Oscar in- from 1999 to 2001, Lieutenant Colonel unteer docents at the Hudson Museum, vented the groundbreaking Stanley Ash remained in a hardship assignment has held leadership roles on advisory Steamer automobile and were re- with the 2nd Infantry Division for 3 boards for both the Hudson Museum nowned violin makers. Along with years to serve in Korea. While assigned and the Maine Center for the Arts. their sister, Chansonetta, they intro- to the 2nd Infantry Division, he com- Both have been active Patrons of the duced many technological and artistic manded Bravo Troop and Headquarters Arts, the UMaine program that sup- advancements to the growing field of Troop in the 4th Squadron, 7th Cavalry ports tours by university performing photography. The Stanley Museum, lo- Regiment. After working at the na- arts ensembles and that encourages cated in a beautiful century-old Geor- tional training center, where Lieuten- student involvement in the arts gian schoolhouse, celebrates the genius ant Colonel Ash trained units that through outreach to elementary and of a remarkable family. were preparing to deploy in support of secondary schools across Maine. When industry in Kingfield began to Operations Iraqi Freedom and Endur- The university’s Fogler Library, decline in the 1950s, outdoor recreation ing Freedom, he was assigned to the 1st Maine’s largest research library, is rose to prominence, driven by the en- Squadron, 71st Cavalry Regiment. He home to the Minsky Jewish Heritage ergy, enthusiasm, and vision of the deployed with this unit to Iraq while Collection. This priceless cultural and townspeople. Today skiing at Sugarloaf serving as the operations officer and historical resource is a gift from Renee Mountain Resort, hiking, golf, and then to Afghanistan as the squadron and Leonard Minsky, along with his snowmobiling, along with some of the executive officer. brother, Norman. most spectacular scenery of the Appa- Lieutenant Colonel Ash spent his last For several years, I had the good for- lachian Trail, place Kingfield among 4 years in the Army as a budget liaison America’s favorite destinations for the tune to live just across the street in in the office around the corner from outdoor enthusiast. The decision by Bangor from Renee and Leonard mine in the Russell Senate Office Nestle’s Poland Spring to open a bot- Minsky. They were wonderful neigh- Building and has become a fixture in tling plant in the town is a testament bors. Since that time, I have been the Halls of the U.S. Senate. My staff to the region’s pristine environment blessed with their friendship and in- have called on him many times to help and diversifying economy. spired by their leadership. with issues affecting the soldiers and Students, faculty, and visitors to the From the valiant service of Colonel William King in the War of 1812 to the military families in Washington State UMaine campus cannot help but feel conflicts of our time, Kingfield is a and around the country. Lieutenant similarly blessed and inspired. The en- town of patriots. It is significant that Colonel Ash has approached every in- ergy and excitement of the University the town’s plans for its yearlong bicen- quiry from my staff, from requisition of Maine’s arts and humanities commu- tennial celebration include enhance- requests for tents to detailed questions nity that Leonard Minsky has helped ments to the memorials honoring about national strategy, with the same to create enriches our State today and Kingfield veterans. calm wisdom and thoughtfulness that will do so for generations to come. Kingfield is also a town of involved puts serving people and getting results f citizens. The active historical society, above all else. Lieutenant Colonel Ash 200TH ANNIVERSARY OF THE volunteer fire department, and library has also led the teams that supported TOWN OF KINGFIELD, MAINE are evidence of a strong community the logistic requirements for the funer- spirit. The planning and volunteerism als of two of my colleagues who served Ms. COLLINS. Mr. President, today I that have gone into the bicentennial in the Army: Senator Daniel Inouye wish to commemorate the 200th anni- festivities are evidence that Kingfield’s and Senator Frank Lautenberg. His ef- versary of the town of Kingfield, ME. spirit only grows stronger. forts during these funerals helped en- Known today as a gateway to the rug- This 200th anniversary is not just sure that they were conducted with the ged and beautiful Longfellow Moun- about something that is measured in dignity befitting the memories of these tains, Kingfield was built with a spirit calendar years; it is about human ac- giants of the Senate. I can confidently of determination and resiliency that complishment and an occasion to cele- say that Lieutenant Colonel Ash’s still guides the community today. brate the people who, for more than leadership has positively impacted his Kingfield’s incorporation on January two centuries, have worked together soldiers, peers, and superiors through- 24, 1816, was but one milestone on a and cared for one another. Thanks to out his career. long journey of progress. For thou- those who came before, Kingfield has a On behalf of a grateful nation, I join sands of years, the mountains and river wonderful past. Thanks to those who my colleagues today in recognizing and valleys of western Maine were the are there today, Kingfield has a bright commending LTC Edward P. Ash for hunting grounds of the Abenaki Tribe. future. over two decades of service to his coun- The reverence the Abenaki had for the f try. We wish Ned and his wife, Jamie natural beauty and resources of the re- Skaluba, all the best as they continue TRIBUTE TO LIEUTENANT gion is upheld by the people of their journey of service. Kingfield today. COLONEL EDWARD P. ASH f The town’s namesake is a central fig- Mrs. MURRAY. Mr. President, I wish ure in Maine history. In 1807, merchant to pay tribute to my constituent LTC ADDITIONAL STATEMENTS and shipbuilder William King and his Edward P. ‘‘Ned’’ Ash for his exem- partners purchased lands in the wilder- plary dedication to duty and service to ness and began attracting settlers. In the U.S. Army and to the United States TRIBUTE TO JORDAN HANSON 1820, Maine achieved statehood, and of America. Lieutenant Colonel Ash ∑ Mr. ROUNDS. Mr. President, today I William King, by then a respected will retire this summer after more recognize Jordan Hanson, an intern in statesman and decorated military offi- than two decades in the U.S. Army. my Washington, DC, office, for all of cer, became its first Governor. Entering the Army from Vancouver, the hard work she has done for me, my The early settlers were drawn by fer- WA, Lieutenant Colonel Ash earned a staff, and the State of South Dakota. tile soil, vast forests, and fast-moving commission from the U.S. Military Jordan is a graduate of Watertown waters, which they turned into produc- Academy at West Point with a degree High School in Watertown, SD. Cur- tive farms and busy mills. Roads and a in international relations and was com- rently, she is attending the University railway were built, and the wealth pro- missioned an armor officer in 1994. of South Dakota, where she is studying

VerDate Sep 11 2014 07:44 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.019 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1853 political science and strategic commu- (RIN1218–AC88) received in the Office of the By Ms. BALDWIN (for herself and Mr. nications. Jordan is a hard worker who President of the Senate on April 4, 2016; to MORAN): has been devoted to getting the most the Committee on Health, Education, Labor, S. 2772. A bill to eliminate the requirement that veterans pay a copayment to the De- out of her internship experience. and Pensions. EC–5071. A communication from the Assist- partment of Veterans Affairs to receive I extend my sincere thanks and ap- ant Secretary of the Interior (Indian Af- opioid antagonists or education on the use of preciation to Jordan for all of the fine fairs), transmitting, pursuant to law, a re- opioid antagonists; to the Committee on work she has done and wish her contin- port entitled ‘‘Fiscal Year 2014 Report to Veterans’ Affairs. ued success in the years to come.∑ Congress Pursuant to 25 U.S.C. 450j–1(c) on By Ms. AYOTTE (for herself, Mrs. CAP- the Funding Requirements for Contract Sup- ITO, Mr. PORTMAN, Mr. BURR, and Mr. f port Costs’’; to the Committee on Indian Af- HELLER): TRIBUTE TO JOSH JORGENSEN fairs. S. 2773. A bill to amend the Fair Labor Standards Act of 1938 to provide more effec- ∑ EC–5072. A communication from the Fed- Mr. ROUNDS. Mr. President, today I eral Liaison Officer, Patent and Trademark tive remedies to victims of discrimination in recognize Josh Jorgensen, an intern in Office, Department of Commerce, transmit- the payment of wages on the basis of sex, and my Washington, DC, office, for all of ting, pursuant to law, the report of a rule en- for other purposes; to the Committee on Health, Education, Labor, and Pensions. the hard work he has done for me, my titled ‘‘Amendments to the Rules of Practice By Mr. MORAN (for himself and Mrs. staff, and the State of South Dakota. for Trials Before the Patent Trial and Appeal ERNST): Board’’ (RIN0651–AD01) received during ad- Josh is a graduate of O’Gorman S. 2774. A bill to amend the Internal Rev- Catholic High School in Sioux Falls, journment of the Senate in the Office of the enue Code of 1986 to exclude from gross in- SD. In May he will graduate from the President of the Senate on April 1, 2016; to come certain amounts realized on the dis- the Committee on the Judiciary. position of property raised or produced by a University of South Dakota with his EC–5073. A communication from the Sec- degrees in political science and media student farmer, and for other purposes; to retary of Veterans Affairs, transmitting the Committee on Finance. and journalism. Josh is a dedicated and draft legislation entitled ‘‘Department of By Mr. HATCH (for himself and Mr. diligent worker who has been devoted Veterans Affairs Accountability Enhance- WYDEN): to getting the most out of his intern- ment Act’’; to the Committee on Veterans’ S. 2775. A bill to amend the Internal Rev- ship experience and who has been a Affairs. enue Code of 1986 to make technical correc- true asset to the office. EC–5074. A communication from the Senior tions, and for other purposes; to the Com- I extend my sincere thanks and ap- Assistant Chief Counsel for Hazmat Safety mittee on Finance. Law, Pipeline and Hazardous Materials Safe- By Mr. BOOKER: preciation to Josh for all of the fine ty Administration, Department of Transpor- S. 2776. A bill to amend the Safe Drinking work he has done and wish him contin- tation, transmitting, pursuant to law, the re- Water Act to condition the receipt of funds ued success in the years to come.∑ port of a rule entitled ‘‘Hazardous Materials: by a State for a drinking water treatment f Reverse Logistics (RRR)’’ (RIN2137–AE81) re- revolving loan fund on the State carrying ceived during adjournment of the Senate in out a program to test for lead in drinking EXECUTIVE AND OTHER the Office of the President of the Senate on water for schools; to the Committee on Envi- COMMUNICATIONS April 1, 2016; to the Committee on Com- ronment and Public Works. merce, Science, and Transportation. By Mr. CASSIDY (for himself and Mr. The following communications were EC–5075. A communication from the Chief BOOZMAN): laid before the Senate, together with Counsel, Saint Lawrence Seaway Develop- S. 2777. A bill to modernize the prescrip- accompanying papers, reports, and doc- ment Corporation, Department of Transpor- tion verification process for contact lenses, uments, and were referred as indicated: tation, transmitting, pursuant to law, the re- to clarify consumer protections regarding false advertising of contact lenses, and for EC–5066. A communication from the Assist- port of a rule entitled ‘‘Tariff of Tolls’’ (RIN2135–AA38) received during adjournment other purposes; to the Committee on Com- ant Secretary of Defense (Legislative Af- merce, Science, and Transportation. fairs), transmitting legislative proposals rel- of the Senate in the Office of the President ative to the ‘‘National Defense Authoriza- of the Senate on April 1, 2016; to the Com- f tion Act for Fiscal Year 2017’’; to the Com- mittee on Commerce, Science, and Transpor- SUBMISSION OF CONCURRENT AND tation. mittee on Armed Services. SENATE RESOLUTIONS EC–5067. A communication from the Chief EC–5076. A communication from the Chief Human Capital Officer, Department of En- Counsel, Saint Lawrence Seaway Develop- The following concurrent resolutions ergy, transmitting, pursuant to law, five (5) ment Corporation, Department of Transpor- and Senate resolutions were read, and reports relative to vacancies in the Depart- tation, transmitting, pursuant to law, the re- referred (or acted upon), as indicated: port of a rule entitled ‘‘Seaway Regulations ment of Energy, received during adjourn- By Mrs. FISCHER (for herself and Mr. and Rules: Periodic Update, Various Cat- ment of the Senate in the Office of the Presi- SASSE): dent of the Senate on April 1, 2016; to the egories’’ (RIN2135–AA39) received during ad- S. Res. 417. A resolution celebrating the Committee on Energy and Natural Re- journment of the Senate in the Office of the 144th anniversary of Arbor Day; considered sources. President of the Senate on April 1, 2016; to and agreed to. the Committee on Commerce, Science, and EC–5068. A communication from the Assist- f ant Secretary, Energy Efficiency and Renew- Transportation. able Energy, Department of Energy, trans- f ADDITIONAL COSPONSORS mitting, pursuant to law, a report entitled S. 275 ‘‘Annual Report to Congress on Federal Gov- INTRODUCTION OF BILLS AND At the request of Mr. ISAKSON, the ernment Energy Management and Conserva- JOINT RESOLUTIONS tion Programs, Fiscal Year 2014’’; to the name of the Senator from California The following bills and joint resolu- (Mrs. FEINSTEIN) was added as a co- Committee on Energy and Natural Re- tions were introduced, read the first sources. sponsor of S. 275, a bill to amend title EC–5069. A communication from the Direc- and second times by unanimous con- XVIII of the Social Security Act to tor, Directorate of Whistleblower Protection sent, and referred as indicated: provide for the coverage of home as a Programs, Occupational Safety and Health By Mr. ROBERTS: site of care for infusion therapy under Administration, transmitting, pursuant to S. 2770. A bill to amend the Communica- the Medicare program. law, the report of a rule entitled ‘‘Procedures tions Act of 1934 to require providers of a S. 979 for Handling Retaliation Complaints Under covered service to provide call location in- the Employee Protection Provision of the formation concerning the telecommuni- At the request of Mr. NELSON, the Consumer Financial Protection Act of 2010’’ cations device of a user of such service to an name of the Senator from North Caro- (RIN1218–AC58) received in the Office of the investigative or law enforcement officer in lina (Mr. TILLIS) was added as a co- President of the Senate on April 4, 2016; to an emergency situation involving risk of sponsor of S. 979, a bill to amend title the Committee on Health, Education, Labor, death or serious physical injury or in order 10, United States Code, to repeal the and Pensions. to respond to the user’s call for emergency requirement for reduction of survivor EC–5070. A communication from the Direc- services; to the Committee on Commerce, annuities under the Survivor Benefit tor, Directorate of Whistleblower Protection Science, and Transportation. Plan by veterans’ dependency and in- Programs, Occupational Safety and Health By Mr. INHOFE: demnity compensation, and for other Administration, transmitting, pursuant to S. 2771. A bill to amend title 38, United law, the report of a rule entitled ‘‘Procedures States Code, to expand the qualifications for purposes. for Handling Retaliation Complaints Under licensed mental health counselors of the De- S. 1503 Section 31307 of the Moving Ahead for partment of Veterans Affairs; to the Com- At the request of Mr. BLUMENTHAL, Progress in the 21st Century Act (MAP–21)’’ mittee on Veterans’ Affairs. the name of the Senator from Arkansas

VerDate Sep 11 2014 07:44 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11AP6.018 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1854 CONGRESSIONAL RECORD — SENATE April 11, 2016 (Mr. BOOZMAN) was added as a cospon- requirements for restaurants and simi- relating to the wandering characteris- sor of S. 1503, a bill to provide for en- lar retail food establishments, and to tics of some children with autism. hanced Federal efforts concerning the amend the authority to bring pro- S. 2726 prevention, education, treatment, and ceedings under section 403A. At the request of Mr. KIRK, the name research activities related to Lyme dis- S. 2251 of the Senator from Missouri (Mr. ease and other tick-borne diseases, in- At the request of Ms. WARREN, the BLUNT) was added as a cosponsor of S. cluding the establishment of a Tick- name of the Senator from Illinois (Mr. 2726, a bill to hold Iran accountable for Borne Diseases Advisory Committee. DURBIN) was added as a cosponsor of S. its state sponsorship of terrorism and S. 1555 2251, a bill to provide for a supple- other threatening activities and for its At the request of Ms. HIRONO, the mentary payment to Social Security human rights abuses, and for other name of the Senator from New Hamp- beneficiaries, supplemental security in- purposes. shire (Mrs. SHAHEEN) was added as a co- come beneficiaries, and recipients of S. 2752 sponsor of S. 1555, a bill to award a veterans benefits, and for other pur- At the request of Mr. RUBIO, the Congressional Gold Medal, collectively, poses. name of the Senator from Kansas (Mr. to the Filipino veterans of World War S. 2332 ROBERTS) was added as a cosponsor of II, in recognition of the dedicated serv- At the request of Mr. SCHUMER, the S. 2752, a bill to prohibit the facilita- ice of the veterans during World War name of the Senator from New Hamp- tion of certain financial transactions II. shire (Ms. AYOTTE) was added as a co- involving the Government of Iran or S. 1562 sponsor of S. 2332, a bill to amend the Iranian persons and to impose sanc- At the request of Mr. WYDEN, the National Child Protection Act of 1993 tions with respect to the facilitation of name of the Senator from Delaware to establish a permanent background those transactions, and for other pur- (Mr. COONS) was added as a cosponsor check system. poses. of S. 1562, a bill to amend the Internal S. 2348 S. 2755 Revenue Code of 1986 to reform tax- At the request of Mr. HATCH, the At the request of Mr. BLUNT, the ation of alcoholic beverages. name of the Senator from Minnesota name of the Senator from Arkansas At the request of Mr. BLUNT, the (Ms. KLOBUCHAR) was added as a co- (Mr. BOOZMAN) was added as a cospon- name of the Senator from Alaska (Mr. sponsor of S. 2348, a bill to implement sor of S. 2755, a bill to provide Capitol- SULLIVAN) was added as a cosponsor of the use of Rapid DNA instruments to flown flags to the immediate family of S. 1562, supra. inform decisions about pretrial release firefighters, law enforcement officers, members of rescue squads or ambu- S. 1715 or detention and their conditions, to lance crews, and public safety officers At the request of Mr. HOEVEN, the solve and prevent violent crimes and who are killed in the line of duty. names of the Senator from Michigan other crimes, to exonerate the inno- S. 2769 (Mr. PETERS), the Senator from Arkan- cent, to prevent DNA analysis back- At the request of Mr. SCHUMER, the sas (Mr. BOOZMAN) and the Senator logs, and for other purposes. name of the Senator from Hawaii (Ms. from New Hampshire (Mrs. SHAHEEN) S. 2502 HIRONO) was added as a cosponsor of S. were added as cosponsors of S. 1715, a At the request of Mr. ISAKSON, the 2769, a bill to require the Federal Avia- bill to require the Secretary of the name of the Senator from Oklahoma tion Administration to establish min- Treasury to mint coins in commemora- (Mr. INHOFE) was added as a cosponsor imum standards for space for pas- tion of the 400th anniversary of the ar- of S. 2502, a bill to amend the Employee sengers on passenger aircraft. rival of the Pilgrims. Retirement Income Security Act of S. RES. 349 S. 1911 1974 to ensure that retirement inves- At the request of Mr. ROBERTS, the At the request of Ms. COLLINS, the tors receive advice in their best inter- name of the Senator from Virginia (Mr. names of the Senator from Utah (Mr. ests, and for other purposes. KAINE) was added as a cosponsor of S. HATCH) and the Senator from Massa- S. 2540 Res. 349, a resolution congratulating chusetts (Mr. MARKEY) were added as At the request of Mr. REID, the name the Farm Credit System on the cele- cosponsors of S. 1911, a bill to imple- of the Senator from Washington (Ms. bration of its 100th anniversary. ment policies to end preventable ma- CANTWELL) was added as a cosponsor of S. RES. 368 ternal, newborn, and child deaths glob- S. 2540, a bill to provide access to coun- At the request of Mr. CARDIN, the ally. sel for unaccompanied children and names of the Senator from Missouri S. 2180 other vulnerable populations. (Mr. BLUNT) and the Senator from At the request of Mr. KIRK, the name S. 2548 Maine (Ms. COLLINS) were added as co- of the Senator from Colorado (Mr. BEN- At the request of Mr. KAINE, the sponsors of S. Res. 368, a resolution NET) was added as a cosponsor of S. name of the Senator from Hawaii (Ms. supporting efforts by the Government 2180, a bill to amend the Age Discrimi- HIRONO) was added as a cosponsor of S. of Colombia to pursue peace and the nation in Employment Act of 1967 and 2548, a bill to establish the 400 Years of end of the country’s enduring internal other laws to clarify appropriate stand- African-American History Commission, armed conflict and recognizing United ards for Federal employment discrimi- and for other purposes. States support for Colombia at the 15th nation and retaliation claims, and for S. 2612 anniversary of Plan Colombia. other purposes. At the request of Mr. LEAHY, the AMENDMENT NO. 3483 S. 2210 name of the Senator from Montana At the request of Mr. SCHUMER, the At the request of Mr. BLUMENTHAL, (Mr. TESTER) was added as a cosponsor name of the Senator from Hawaii (Ms. the name of the Senator from Vermont of S. 2612, a bill to ensure United HIRONO) was added as a cosponsor of (Mr. LEAHY) was added as a cosponsor States jurisdiction over offenses com- amendment No. 3483 proposed to H.R. of S. 2210, a bill to require the Sec- mitted by United States personnel sta- 636, a bill to amend the Internal Rev- retary of Veterans Affairs to carry out tioned in Canada in furtherance of bor- enue Code of 1986 to permanently ex- a program to establish peer specialists der security initiatives. tend increased expensing limitations, in patient aligned care teams at med- S. 2614 and for other purposes. ical centers of the Department of Vet- At the request of Mr. SCHUMER, the AMENDMENT NO. 3492 erans Affairs, and for other purposes. name of the Senator from Delaware At the request of Mr. INHOFE, the S. 2217 (Mr. COONS) was added as a cosponsor name of the Senator from Maine (Mr. At the request of Mr. BLUNT, the of S. 2614, a bill to amend the Violent KING) was added as a cosponsor of name of the Senator from Arkansas Crime Control and Law Enforcement amendment No. 3492 proposed to H.R. (Mr. BOOZMAN) was added as a cospon- Act of 1994, to reauthorize the Missing 636, a bill to amend the Internal Rev- sor of S. 2217, a bill to amend the Fed- Alzheimer’s Disease Patient Alert Pro- enue Code of 1986 to permanently ex- eral Food, Drug, and Cosmetic Act to gram, and to promote initiatives that tend increased expensing limitations, improve and clarify certain disclosure will reduce the risk of injury and death and for other purposes.

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AMENDMENT NO. 3500 AMENDMENT NO. 3557 Whereas April 29, 2016, marks the 144th an- At the request of Mr. HOEVEN, the At the request of Mr. FLAKE, the niversary of Arbor Day: Now, therefore, be it names of the Senator from Maryland name of the Senator from Arkansas Resolved, That the Senate— (1) recognizes April 29, 2016, as ‘‘National (Ms. MIKULSKI), the Senator from New (Mr. BOOZMAN) was added as a cospon- Arbor Day’’; Jersey (Mr. BOOKER), the Senator from sor of amendment No. 3557 intended to (2) celebrates the 144th anniversary of North Dakota (Ms. HEITKAMP) and the be proposed to H.R. 636, a bill to amend Arbor Day; Senator from Texas (Mr. CORNYN) were the Internal Revenue Code of 1986 to (3) supports the goals and ideals of Na- added as cosponsors of amendment No. permanently extend increased expens- tional Arbor Day; and 3500 proposed to H.R. 636, a bill to ing limitations, and for other purposes. (4) encourages the people of United States to participate in National Arbor Day activi- amend the Internal Revenue Code of AMENDMENT NO. 3558 ties. 1986 to permanently extend increased At the request of Mrs. FEINSTEIN, the expensing limitations, and for other name of the Senator from Minnesota f purposes. (Mr. FRANKEN) was added as a cospon- AMENDMENTS SUBMITTED AND AMENDMENT NO. 3522 sor of amendment No. 3558 intended to PROPOSED At the request of Ms. CANTWELL, the be proposed to H.R. 636, a bill to amend SA 3565. Mr. CORNYN (for himself, Mr. name of the Senator from Massachu- the Internal Revenue Code of 1986 to FLAKE, Mr. HELLER, and Mr. MCCAIN) sub- setts (Mr. MARKEY) was added as a co- permanently extend increased expens- mitted an amendment intended to be pro- sponsor of amendment No. 3522 in- ing limitations, and for other purposes. posed to amendment SA 3464 submitted by tended to be proposed to H.R. 636, a bill Mr. THUNE (for himself and Mr. NELSON) to f to amend the Internal Revenue Code of the bill H.R. 636, to amend the Internal Rev- 1986 to permanently extend increased STATEMENTS ON INTRODUCED enue Code of 1986 to permanently extend in- expensing limitations, and for other BILLS AND JOINT RESOLUTIONS creased expensing limitations, and for other purposes. purposes; which was ordered to lie on the By Mr. HATCH (for himself and table. AMENDMENT NO. 3524 Mr. WYDEN): SA 3566. Mr. CORNYN submitted an At the request of Mr. BENNET, the S. 2775. A bill to amend the Internal amendment intended to be proposed to names of the Senator from Washington Revenue Code of 1986 to make technical amendment SA 3464 submitted by Mr. THUNE (Mrs. MURRAY) and the Senator from corrections, and for other purposes; to (for himself and Mr. NELSON) to the bill H.R. Connecticut (Mr. BLUMENTHAL) were the Committee on Finance. 636, supra; which was ordered to lie on the added as cosponsors of amendment No. Mr. HATCH. Mr. President, as Chair- table. SA 3567. Mr. COCHRAN (for himself, Mr. 3524 proposed to H.R. 636, a bill to man and Ranking Member of the Sen- HOEVEN, and Mr. WICKER) submitted an amend the Internal Revenue Code of ate Finance Committee, Senator amendment intended to be proposed to 1986 to permanently extend increased WYDEN and I introduce S. 2775, the amendment SA 3464 submitted by Mr. THUNE expensing limitations, and for other Technical Corrections Act of 2016, (for himself and Mr. NELSON) to the bill H.R. purposes. which, if enacted, will make technical 636, supra. AMENDMENT NO. 3527 and clerical corrections to the PATH SA 3568. Ms. COLLINS (for herself and Mr. KING) submitted an amendment intended to At the request of Mr. RUBIO, the Act, the major tax bill passed and be proposed to amendment SA 3464 sub- names of the Senator from New Hamp- signed into law this past December, mitted by Mr. THUNE (for himself and Mr. shire (Ms. AYOTTE) and the Senator and other recently passed pieces of tax NELSON) to the bill H.R. 636, supra; which from Maine (Ms. COLLINS) were added legislation. was ordered to lie on the table. as cosponsors of amendment No. 3527 Ranking Member WYDEN and I have SA 3569. Ms. COLLINS (for herself and Mr. intended to be proposed to H.R. 636, a asked the nonpartisan Joint Com- CASEY) submitted an amendment intended to bill to amend the Internal Revenue mittee on Taxation to make available be proposed to amendment SA 3464 sub- Code of 1986 to permanently extend in- to the public a technical explanation of mitted by Mr. THUNE (for himself and Mr. creased expensing limitations, and for S. 2775. That technical explanation, NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. other purposes. which can be found in report number SA 3570. Ms. HEITKAMP (for herself and AMENDMENT NO. 3539 JCX–16–16, expresses the Finance Com- Mr. FLAKE) submitted an amendment in- At the request of Mr. BLUNT, the mittee’s understanding of this impor- tended to be proposed to amendment SA 3464 names of the Senator from New Hamp- tant legislation and is available on the submitted by Mr. THUNE (for himself and Mr. shire (Mrs. SHAHEEN), the Senator from JCT’s website at www.jct.gov. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. Oregon (Mr. MERKLEY), the Senator f SA 3571. Mr. BLUMENTHAL submitted an from Vermont (Mr. LEAHY), the Sen- SUBMITTED RESOLUTIONS amendment intended to be proposed to ator from Massachusetts (Mr. MAR- amendment SA 3464 submitted by Mr. THUNE KEY), the Senator from Ohio (Mr. (for himself and Mr. NELSON) to the bill H.R. BROWN), the Senator from Connecticut SENATE RESOLUTION 417—CELE- 636, supra; which was ordered to lie on the (Mr. MURPHY), the Senator from Iowa BRATING THE 144TH ANNIVER- table. SA 3572. Mr. BLUMENTHAL submitted an (Mr. GRASSLEY), the Senator from Mon- SARY OF ARBOR DAY tana (Mr. DAINES), the Senator from amendment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE Delaware (Mr. COONS), the Senator Mrs. FISCHER (for herself and Mr. SASSE) submitted the following resolu- (for himself and Mr. NELSON) to the bill H.R. from Montana (Mr. TESTER), the Sen- 636, supra; which was ordered to lie on the ator from Illinois (Mr. KIRK), the Sen- tion; which was considered and agreed to: table. ator from Michigan (Ms. STABENOW) SA 3573. Mr. BLUMENTHAL submitted an and the Senator from Alaska (Mr. SUL- S. RES. 417 amendment intended to be proposed to LIVAN) were added as cosponsors of Whereas Arbor Day was founded in Ne- amendment SA 3464 submitted by Mr. THUNE amendment No. 3539 intended to be pro- braska City, Nebraska on April 10, 1872, to (for himself and Mr. NELSON) to the bill H.R. posed to H.R. 636, a bill to amend the recognize the importance of planting trees; 636, supra; which was ordered to lie on the Internal Revenue Code of 1986 to per- Whereas it is estimated that on the first table. Arbor Day, more than 1,000,000 trees were SA 3574. Mr. BLUMENTHAL submitted an manently extend increased expensing planted in the State of Nebraska alone; amendment intended to be proposed to limitations, and for other purposes. Whereas Arbor Day is observed in all 50 amendment SA 3464 submitted by Mr. THUNE AMENDMENT NO. 3556 States and across the world; (for himself and Mr. NELSON) to the bill H.R. At the request of Mr. FLAKE, the Whereas participating in Arbor Day activi- 636, supra; which was ordered to lie on the name of the Senator from Illinois (Mr. ties promotes civic participation and high- table. DURBIN) was added as a cosponsor of lights the importance of planting and caring SA 3575. Mr. BLUMENTHAL submitted an amendment No. 3556 intended to be pro- for trees and vegetation; amendment intended to be proposed by him Whereas those activities provide an oppor- to the bill H.R. 636, supra; which was ordered posed to H.R. 636, a bill to amend the tunity to convey to future generations the to lie on the table. Internal Revenue Code of 1986 to per- value of land and stewardship; SA 3576. Mr. BLUMENTHAL submitted an manently extend increased expensing Whereas National Arbor Day is observed on amendment intended to be proposed to limitations, and for other purposes. the last Friday of April each year; and amendment SA 3464 submitted by Mr. THUNE

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(for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE to be proposed to amendment SA 3464 sub- 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. mitted by Mr. THUNE (for himself and Mr. table. 636, supra; which was ordered to lie on the NELSON) to the bill H.R. 636, supra; which SA 3577. Mr. BLUMENTHAL submitted an table. was ordered to lie on the table. amendment intended to be proposed to SA 3592. Mr. LANKFORD submitted an SA 3608. Ms. HIRONO (for herself and Mr. amendment SA 3464 submitted by Mr. THUNE amendment intended to be proposed to DAINES) submitted an amendment intended (for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE to be proposed to amendment SA 3464 sub- 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. mitted by Mr. THUNE (for himself and Mr. table. 636, supra; which was ordered to lie on the NELSON) to the bill H.R. 636, supra; which SA 3578. Mr. BLUMENTHAL submitted an table. was ordered to lie on the table. amendment intended to be proposed to SA 3593. Mr. LANKFORD submitted an SA 3609. Mr. MENENDEZ submitted an amendment SA 3464 submitted by Mr. THUNE amendment intended to be proposed to amendment intended to be proposed to (for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE amendment SA 3464 submitted by Mr. THUNE 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. (for himself and Mr. NELSON) to the bill H.R. table. 636, supra; which was ordered to lie on the 636, supra; which was ordered to lie on the SA 3579. Mr. BLUMENTHAL submitted an table. table. amendment intended to be proposed to SA 3594. Mr. LANKFORD submitted an SA 3610. Mr. MENENDEZ submitted an amendment SA 3464 submitted by Mr. THUNE amendment intended to be proposed to amendment intended to be proposed to (for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE amendment SA 3464 submitted by Mr. THUNE 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. (for himself and Mr. NELSON) to the bill H.R. table. 636, supra; which was ordered to lie on the 636, supra; which was ordered to lie on the SA 3580. Mr. BLUMENTHAL submitted an table. table. amendment intended to be proposed to SA 3595. Mr. LANKFORD submitted an SA 3611. Mr. GARDNER submitted an HUNE amendment SA 3464 submitted by Mr. T amendment intended to be proposed to amendment intended to be proposed to (for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE amendment SA 3464 submitted by Mr. THUNE 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. (for himself and Mr. NELSON) to the bill H.R. table. 636, supra; which was ordered to lie on the 636, supra; which was ordered to lie on the SA 3581. Mr. BLUMENTHAL submitted an table. table. amendment intended to be proposed to SA 3596. Mr. INHOFE submitted an amend- SA 3612. Mr. ISAKSON (for himself and Ms. amendment SA 3464 submitted by Mr. THUNE ment intended to be proposed to amendment KLOBUCHAR) submitted an amendment in- (for himself and Mr. NELSON) to the bill H.R. SA 3464 submitted by Mr. THUNE (for himself tended to be proposed to amendment SA 3464 636, supra; which was ordered to lie on the and Mr. NELSON) to the bill H.R. 636, supra; submitted by Mr. THUNE (for himself and Mr. table. which was ordered to lie on the table. NELSON) to the bill H.R. 636, supra; which SA 3582. Mr. BLUMENTHAL submitted an SA 3597. Mr. INHOFE submitted an amend- was ordered to lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 3613. Mr. ISAKSON submitted an amendment SA 3464 submitted by Mr. THUNE SA 3464 submitted by Mr. THUNE (for himself amendment intended to be proposed to (for himself and Mr. NELSON) to the bill H.R. and Mr. NELSON) to the bill H.R. 636, supra; amendment SA 3464 submitted by Mr. THUNE 636, supra; which was ordered to lie on the which was ordered to lie on the table. (for himself and Mr. NELSON) to the bill H.R. table. SA 3598. Mr. INHOFE submitted an amend- 636, supra; which was ordered to lie on the SA 3583. Mr. BLUMENTHAL (for himself ment intended to be proposed to amendment table. and Mr. MARKEY) submitted an amendment SA 3464 submitted by Mr. THUNE (for himself SA 3614. Mr. DAINES (for himself and Ms. intended to be proposed to amendment SA and Mr. NELSON) to the bill H.R. 636, supra; MURKOWSKI) submitted an amendment in- 3464 submitted by Mr. THUNE (for himself and which was ordered to lie on the table. tended to be proposed to amendment SA 3464 Mr. NELSON) to the bill H.R. 636, supra; which SA 3599. Mr. CRAPO (for himself and Mr. submitted by Mr. THUNE (for himself and Mr. was ordered to lie on the table. BENNET) submitted an amendment intended SA 3584. Mr. BLUMENTHAL submitted an to be proposed to amendment SA 3464 sub- NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. amendment intended to be proposed to mitted by Mr. THUNE (for himself and Mr. SA 3615. Mr. MORAN (for himself and Mr. amendment SA 3464 submitted by Mr. THUNE NELSON) to the bill H.R. 636, supra; which COONS) submitted an amendment intended to (for himself and Mr. NELSON) to the bill H.R. was ordered to lie on the table. 636, supra; which was ordered to lie on the SA 3600. Ms. CANTWELL (for herself and be proposed to amendment SA 3464 sub- table. Mrs. MURRAY) submitted an amendment in- mitted by Mr. THUNE (for himself and Mr. SA 3585. Mr. BLUMENTHAL submitted an tended to be proposed to amendment SA 3464 NELSON) to the bill H.R. 636, supra; which amendment intended to be proposed to submitted by Mr. THUNE (for himself and Mr. was ordered to lie on the table. SA 3616. Mr. HATCH (for himself, Mr. amendment SA 3464 submitted by Mr. THUNE NELSON) to the bill H.R. 636, supra; which (for himself and Mr. NELSON) to the bill H.R. was ordered to lie on the table. COATS, and Mr. CARDIN) submitted an amend- 636, supra; which was ordered to lie on the SA 3601. Mr. MORAN (for himself and Mr. ment intended to be proposed by him to the table. SESSIONS) submitted an amendment intended bill H.R. 636, supra; which was ordered to lie SA 3586. Mr. DURBIN submitted an amend- to be proposed to amendment SA 3464 sub- on the table. ment intended to be proposed to amendment mitted by Mr. THUNE (for himself and Mr. SA 3617. Mr. HATCH (for himself, Mr. ROB- SA 3464 submitted by Mr. THUNE (for himself NELSON) to the bill H.R. 636, supra; which ERTS, Mr. CASEY, and Mr. MORAN) submitted and Mr. NELSON) to the bill H.R. 636, supra; was ordered to lie on the table. an amendment intended to be proposed by which was ordered to lie on the table. SA 3602. Mr. MORAN submitted an amend- him to the bill H.R. 636, supra; which was or- SA 3587. Mr. WHITEHOUSE submitted an ment intended to be proposed to amendment dered to lie on the table. amendment intended to be proposed to SA 3464 submitted by Mr. THUNE (for himself SA 3618. Mr. HATCH (for himself, Mr. amendment SA 3464 submitted by Mr. THUNE and Mr. NELSON) to the bill H.R. 636, supra; HELLER, and Mr. CARPER) submitted an (for himself and Mr. NELSON) to the bill H.R. which was ordered to lie on the table. amendment intended to be proposed by him 636, supra; which was ordered to lie on the SA 3603. Mr. MORAN submitted an amend- to the bill H.R. 636, supra; which was ordered table. ment intended to be proposed to amendment to lie on the table. SA 3588. Ms. CANTWELL submitted an SA 3464 submitted by Mr. THUNE (for himself SA 3619. Mr. HATCH (for himself, Mr. amendment intended to be proposed to and Mr. NELSON) to the bill H.R. 636, supra; THUNE, and Mr. MENENDEZ) submitted an amendment SA 3464 submitted by Mr. THUNE which was ordered to lie on the table. amendment intended to be proposed by him (for himself and Mr. NELSON) to the bill H.R. SA 3604. Mr. DAINES submitted an amend- to the bill H.R. 636, supra; which was ordered 636, supra; which was ordered to lie on the ment intended to be proposed to amendment to lie on the table. table. SA 3464 submitted by Mr. THUNE (for himself SA 3620. Mr. BOOKER submitted an amend- SA 3589. Mr. KING (for himself, Ms. COL- and Mr. NELSON) to the bill H.R. 636, supra; ment intended to be proposed to amendment LINS, Ms. AYOTTE, Mrs. SHAHEEN, and Ms. which was ordered to lie on the table. SA 3464 submitted by Mr. THUNE (for himself BALDWIN) submitted an amendment intended SA 3605. Mrs. GILLIBRAND (for herself and and Mr. NELSON) to the bill H.R. 636, supra. to be proposed to amendment SA 3464 sub- Mr. SCHUMER) submitted an amendment in- SA 3621. Mr. NELSON submitted an amend- mitted by Mr. THUNE (for himself and Mr. tended to be proposed to amendment SA 3464 ment intended to be proposed to amendment NELSON) to the bill H.R. 636, supra; which submitted by Mr. THUNE (for himself and Mr. SA 3464 submitted by Mr. THUNE (for himself was ordered to lie on the table. NELSON) to the bill H.R. 636, supra; which and Mr. NELSON) to the bill H.R. 636, supra. SA 3590. Mr. WARNER submitted an was ordered to lie on the table. SA 3622. Mr. BENNET submitted an amend- amendment intended to be proposed to SA 3606. Mr. THUNE submitted an amend- ment intended to be proposed to amendment amendment SA 3464 submitted by Mr. THUNE ment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE (for himself (for himself and Mr. NELSON) to the bill H.R. SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. 636, supra; 636, supra; which was ordered to lie on the and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. table. which was ordered to lie on the table. SA 3623. Mr. WHITEHOUSE (for himself SA 3591. Mr. SESSIONS submitted an SA 3607. Ms. HIRONO (for herself and Mr. and Mr. INHOFE) submitted an amendment amendment intended to be proposed to DAINES) submitted an amendment intended intended to be proposed to amendment SA

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3464 submitted by Mr. THUNE (for himself and to be proposed to amendment SA 3464 sub- (E) any other governmental entity. Mr. NELSON) to the bill H.R. 636, supra. mitted by Mr. THUNE (for himself and Mr. (7) RELEVANT COMMITTEES OF CONGRESS.— SA 3624. Mr. SCHATZ (for himself and Mr. NELSON) to the bill H.R. 636, supra; which The term ‘‘relevant committees of Congress’’ HEINRICH) submitted an amendment intended was ordered to lie on the table. means— to be proposed to amendment SA 3464 sub- (A) the Committee on Environment and f mitted by Mr. THUNE (for himself and Mr. Public Works, the Committee on Finance, NELSON) to the bill H.R. 636, supra; which TEXT OF AMENDMENTS the Committee on Homeland Security and was ordered to lie on the table. Governmental Affairs, and the Committee on SA 3625. Mr. KAINE submitted an amend- SA 3565. Mr. CORNYN (for himself, the Judiciary of the Senate; and ment intended to be proposed to amendment Mr. FLAKE, Mr. HELLER, and Mr. (B) the Committee on Homeland Security, SA 3464 submitted by Mr. THUNE (for himself MCCAIN) submitted an amendment in- the Committee on the Judiciary, and the and Mr. NELSON) to the bill H.R. 636, supra; tended to be proposed to amendment Committee on Transportation and Infra- which was ordered to lie on the table. SA 3464 submitted by Mr. THUNE (for structure of the House of Representatives. SA 3626. Mr. KAINE submitted an amend- himself and Mr. NELSON) to the bill SEC. l04. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR THE PROVISION ment intended to be proposed to amendment H.R. 636, to amend the Internal Rev- SA 3464 submitted by Mr. THUNE (for himself OF CERTAIN SERVICES OF U.S. CUS- and Mr. NELSON) to the bill H.R. 636, supra; enue Code of 1986 to permanently ex- TOMS AND BORDER PROTECTION. which was ordered to lie on the table. tend increased expensing limitations, (a) FEE AGREEMENTS.— SA 3627. Mr. NELSON submitted an amend- and for other purposes; which was or- (1) AUTHORITY FOR FEE AGREEMENTS.—Not- ment intended to be proposed by him to the dered to lie on the table; as follows: withstanding section 13031(e) of the Consoli- bill H.R. 636, supra; which was ordered to lie dated Omnibus Budget Reconciliation Act of At the appropriate place, insert the fol- 1985 (19 U.S.C. 58c(e)) and section 451 of the on the table. lowing: SA 3628. Mrs. MURRAY (for herself and Ms. Tariff Act of 1930 (19 U.S.C. 1451), the Com- CANTWELL) submitted an amendment in- TITLE ll—CROSS-BORDER TRADE missioner may, upon the request of any per- tended to be proposed to amendment SA 3464 ENHANCEMENT ACT OF 2016 son, enter into an agreement with that per- submitted by Mr. THUNE (for himself and Mr. SEC. l01. SHORT TITLE. son under which— (A) U.S. Customs and Border Protection NELSON) to the bill H.R. 636, supra; which This title may be cited as the ‘‘Cross-Bor- was ordered to lie on the table. der Trade Enhancement Act of 2016’’. will provide the services described in para- SA 3629. Mrs. MURRAY (for herself and Ms. graph (2) at a port of entry or any other fa- SEC. l02. REPEAL AND TRANSITION PROVISION. cility where U.S. Customs and Border Pro- CANTWELL) submitted an amendment in- (a) REPEAL.—Subject to subsections (b) and tended to be proposed to amendment SA 3464 tection provides or will provide services; (c), section 560 of the Department of Home- (B) such person will remit a fee imposed submitted by Mr. THUNE (for himself and Mr. land Security Appropriations Act, 2013 (divi- under subsection (b) to U.S. Customs and NELSON) to the bill H.R. 636, supra; which sion D of Public Law 113–6; 127 Stat. 378) and was ordered to lie on the table. Border Protection in an amount equal to the section 559 of the Department of Homeland full costs incurred or that will be incurred in SA 3630. Ms. HIRONO (for herself, Ms. MUR- Security Appropriations Act, 2014 (division F providing such services; and KOWSKI, Mr. SCHATZ, and Mr. SULLIVAN) sub- of Public Law 113–76; 6 U.S.C. 211 note) are (C) any additional facilities which U.S. mitted an amendment intended to be pro- repealed. posed to amendment SA 3464 submitted by Customs and Border Protection deems nec- (b) AGREEMENTS IN EFFECT.—Notwith- essary for the provision of services under an Mr. THUNE (for himself and Mr. NELSON) to standing subsection (a), nothing in this Act the bill H.R. 636, supra; which was ordered to agreement entered into under this section may be construed as affecting in any manner shall be provided, maintained, and equipped lie on the table. an agreement entered into pursuant to sec- SA 3631. Mr. THUNE (for Mr. PAUL) sub- by such person in accordance with U.S. Cus- tion 560 of the Department of Homeland Se- toms and Border Protection specifications. mitted an amendment intended to be pro- curity Appropriations Act, 2013 (division D of posed to amendment SA 3464 submitted by (2) SERVICES DESCRIBED.—Services de- Public Law 113–6; 127 Stat. 378) or section 559 scribed in this paragraph are any services re- Mr. THUNE (for himself and Mr. NELSON) to of the Department of Homeland Security Ap- the bill H.R. 636, supra; which was ordered to lated to, or in support of, customs, agricul- propriations Act, 2014 (division F of Public tural processing, border security, or inspec- lie on the table. Law 113–76; 6 U.S.C. 211 note) that is in effect SA 3632. Mrs. MURRAY (for herself and Ms. tion-related immigration matters provided on the day before the date of the enactment CANTWELL) submitted an amendment in- by an employee or contractor of U.S. Cus- of this Act, and any such agreement shall tended to be proposed to amendment SA 3464 toms and Border Protection at ports of entry continue to have full force and effect on and submitted by Mr. THUNE (for himself and Mr. or any other facility where U.S. Customs and after such date. NELSON) to the bill H.R. 636, supra; which Border Protection provides or will provide (c) PROPOSED AGREEMENTS.—Notwith- was ordered to lie on the table. services. standing subsection (a), nothing in this Act SA 3633. Mr. NELSON (for himself and Mr. (3) MODIFICATION OF PRIOR AGREEMENTS.— may be construed as affecting in any manner COATS) submitted an amendment intended to The Commissioner, at the request of a person a proposal accepted for consideration by U.S. be proposed to amendment SA 3464 sub- who has previously entered into an agree- Customs and Border Protection pursuant to mitted by Mr. THUNE (for himself and Mr. ment with U.S. Customs and Border Protec- section 559 of the Department of Homeland NELSON) to the bill H.R. 636, supra. tion for the reimbursement of fees in effect Security Appropriations Act, 2014 (division F SA 3634. Mr. NELSON submitted an amend- on the date of enactment of this Act, may of Public Law 113–76; 6 U.S.C. 211 note) that ment intended to be proposed to amendment modify such agreement to implement any was accepted prior to the date of the enact- SA 3464 submitted by Mr. THUNE (for himself provisions of this title. ment of this Act. and Mr. NELSON) to the bill H.R. 636, supra; (4) NUMERICAL LIMITATIONS.—Except as pro- which was ordered to lie on the table. SEC. l03. DEFINITIONS. vided in paragraphs (5) and (6), there shall be SA 3635. Mr. BOOZMAN (for himself, Mr. In this title: no limit to the number of fee agreements WARNER, and Mr. BENNET) submitted an (1) ADMINISTRATION.—The term ‘‘Adminis- that may be entered into by the Commis- amendment intended to be proposed to tration’’ mean the General Services Admin- sioner. amendment SA 3464 submitted by Mr. THUNE istration. (5) AUTHORITY FOR NUMERICAL LIMITA- (for himself and Mr. NELSON) to the bill H.R. (2) ADMINISTRATOR.—The term ‘‘Adminis- TIONS.— 636, supra; which was ordered to lie on the trator’’ mean the Administrator of the Ad- (A) RESOURCE AVAILABILITY.—If the Com- table. ministration. missioner finds that resource or allocation SA 3636. Mr. INHOFE submitted an amend- (3) COMMISSIONER.—The term ‘‘Commis- constraints would prevent U.S. Customs and ment intended to be proposed to amendment sioner’’ means the Commissioner of U.S. Cus- Border Protection from fulfilling, in whole SA 3464 submitted by Mr. THUNE (for himself toms and Border Protection. or in part, requests for services under the and Mr. NELSON) to the bill H.R. 636, supra; (4) DONATION AGREEMENT.—The term ‘‘do- terms of existing or proposed fee agree- which was ordered to lie on the table. nation agreement’’ means an agreement ments, the Commissioner shall impose an- SA 3637. Mr. DAINES submitted an amend- made under section l05(a). nual limits on the number of new fee agree- ment intended to be proposed to amendment (5) FEE AGREEMENT.—The term ‘‘fee agree- ments. SA 3464 submitted by Mr. THUNE (for himself ment’’ means an agreement made by the (B) ANNUAL REVIEW.—If the Commissioner and Mr. NELSON) to the bill H.R. 636, supra; Commissioner under section l04(a)(1). limits the number of new fee agreements which was ordered to lie on the table. (6) PERSON.—The term ‘‘person’’ means— under this paragraph, the Commissioner SA 3638. Mr. BROWN (for himself and Mr. (A) an individual; shall annually evaluate and reassess such PORTMAN) submitted an amendment intended (B) a corporation, partnership, trust, es- limits and publish the results of such evalua- to be proposed to amendment SA 3464 sub- tate, association, or any other private or tion and affirm any such limits that shall re- mitted by Mr. THUNE (for himself and Mr. public entity; main in effect in a publicly available format. NELSON) to the bill H.R. 636, supra; which (C) a Federal, State, or local government; (6) NUMERICAL LIMITATIONS AT AIR PORTS OF was ordered to lie on the table. (D) any subdivision, agency, or instrumen- ENTRY.— SA 3639. Mr. KAINE (for himself and Mr. tality of a Federal, State, or local govern- (A) IN GENERAL.—The Commissioner may WARNER) submitted an amendment intended ment; or not enter into more than 10 fee agreements

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per year to provide U.S. Customs and Border (4) DEPOSIT OF FUNDS.—Amounts collected SEC. l05. AUTHORITY TO ENTER INTO AGREE- Protection services at air ports of entry. pursuant to a fee agreement shall— MENTS TO ACCEPT DONATIONS FOR PORTS OF ENTRY. (B) CERTAIN COSTS.—A fee agreement for (A) be deposited as an offsetting collection; U.S. Customs and Border Protection services (B) remain available until expended, with- (a) AGREEMENTS AUTHORIZED.— at an air port of entry may only provide for out fiscal year limitation; and (1) COMMISSIONER.—The Commissioner, in collaboration with the Administrator as pro- the reimbursement of— (C) be credited to the applicable appropria- vided under subsection (f), may enter into an (i) salaries and expenses of not more than tion, account, or fund for the amount paid agreement with any person to accept a dona- 5 full-time equivalent U.S. Customs and Bor- out of that appropriation, account, or fund tion of real or personal property, including der Protection officers; for— monetary donations, or nonpersonal serv- (ii) costs incurred by U.S. Customs and (i) any expenses incurred or to be incurred ices, for activities in subsection (b) at a new Border Protection for the payment of over- by U.S. Customs and Border Protection in or existing land, sea, or air port of entry, or time to employee; providing such services; and any facility or other infrastructure at a loca- (iii) the salaries and expenses of employees (ii) any other costs incurred by U.S. Cus- tion where U.S. Customs and Border Protec- of U.S. Customs and Border Protection to toms and Border Protection relating to such tion performs or will be performing inspec- support U.S. customs and Border Protection services. tion services within the United States. officers in performing law enforcement func- (5) TERMINATION BY THE COMMISSIONER.— (2) ADMINISTRATOR.—Where the Adminis- tions at air ports of entry, including primary (A) IN GENERAL.—The Commissioner shall trator owns or leases a new or existing land and secondary processing of passengers; and terminate the services provided pursuant to port of entry, facility, or other infrastruc- (iv) other costs incurred by U.S. Customs a fee agreement with a person that, after re- ture at a location where U.S. Customs and and Border Protection relating to services ceiving notice from the Commissioner that a Border Protection performs or will be per- described in paragraph (2), such as tem- fee imposed under the fee agreement is due, forming inspection services, the Adminis- porary placement or permanent relocation of fails to pay such fee in a timely manner. trator, in collaboration with the Commis- such employees. (B) EFFECT OF TERMINATION.—At the time sioner, may enter into an agreement with (C) PRECLEARANCE.—The authority in the services are terminated pursuant to subpara- any person to accept a donation of real or section may not be used to enter into new graph (A), all costs incurred by U.S. Customs personal property, including monetary dona- preclearance agreements or initiate the pro- and Border Protection which have not been tions, or nonpersonal services, at that loca- vision of U.S. Customs and Border Protec- paid, will become immediately due and pay- tion for activities set forth in subsection (b). tion services outside of the United States. able. (b) USE.—A donation made under a dona- (7) DENIED APPLICATION.—If the Commis- (C) INTEREST.—Interest on unpaid fees will tion agreement may be used for activities re- sioner denies a proposal for a fee agreement, accrue based on the quarterly rate(s) estab- lated to construction, alteration, operation the Commission shall provide the person who lished under sections 6621 and 6622 of the In- or maintenance, including expenses related submitted the proposal a detailed justifica- ternal Revenue Code of 1986. to— tion for the denial. (D) PENALTIES.—Any person that fails to (1) land acquisition, design, construction, (8) CONSTRUCTION.—Nothing in this section pay any fee incurred under a fee agreement repair, and alteration; may be construed— in a timely manner, after notice and demand (2) furniture, fixtures, equipment, and (A) to require a person entering into a fee for payment, shall be liable for a penalty or technology, including installation and the agreement to cover costs that are otherwise liquidated damage equal to 2 times the deployment thereof; and the responsibility of the U.S. Customs and amount of such fee. (3) operation and maintenance of the facil- Border Protection or any other agency of the ity, infrastructure, equipment, and tech- (E) AMOUNT COLLECTED.—Any amount col- Federal Government and are not incurred, or lected pursuant to a fee agreement shall be nology. expected to be incurred, to cover services (c) LIMITATION ON MONETARY DONATIONS.— deposited into the account specified under specifically covered by an agreement entered Any monetary donation accepted pursuant paragraph (4) and shall be available as de- into under authorities provided by this title; to a donation agreement may not be used to scribed therein. or pay the salaries of employees of U.S. Cus- (F) RETURN OF UNUSED FUNDS.—The Com- (B) to unduly and permanently reduce the toms and Border Protection who perform in- missioner shall return any unused funds col- responsibilities or duties of U.S. Customs spection services. lected under a fee agreement that is termi- and Border Protection to provide services at (d) TRANSFER.— ports of entry that have been authorized or nated for any reason, or in the event that the (1) AUTHORITY TO TRANSFER.—Donations mandated by law and are funded in any ap- terms of such agreement change by mutual accepted by the Commissioner or the Admin- propriation Act or from any accounts in the agreement to cause a reduction of U.S. Cus- istrator under a donation agreement may be Treasury of the United States derived by the toms and Border Protections services. No in- transferred between U.S. Customs and Bor- collection of fees. terest shall be owed upon the return of any der Protection and the Administration. unused funds. (i) (2) NOTIFICATION.—Prior to executing a (b) FEE.— (6) TERMINATION BY THE SPONSOR.—Any per- transfer under this subsection, the Commis- (1) IN GENERAL.—A person who enters into son who has previously entered into an sioner or Administrator shall notify a person a fee agreement shall pay a fee pursuant to agreement with U.S. Customs and Border that entered into the donation agreement of such agreement in an amount equal to the Protection for the reimbursement of fees in an intent to transfer the donated property or full cost of U.S. Customs and Border Protec- effect on the date of enactment of this Act, services. tion— or under the provisions of this Act, may re- (e) TERM OF DONATION AGREEMENT.—The (A) of the salaries and expenses of individ- quest that such agreement make provision term of a donation agreement may be as long uals employed or contracted by U.S. Cus- for termination at the request of such person as is required to meet the terms of the agree- toms and Border Protection to provide such upon advance notice, the length and terms of ment. services; and which shall be negotiated between such per- (f) ROLE OF ADMINISTRATOR.—The Adminis- (B) of other costs incurred by U.S. Customs son and U.S. Customs and Border Protection. trator’s role, involvement, and authority and Border Protection related to providing under this section is limited with respect to such services, such as temporary placement (c) ANNUAL REPORT AND NOTICE TO CON- donations made at new or existing land ports or permanent relocation of employees. GRESS.—The Commissioner shall— of entry, facilities, or other infrastructure (2) ADVANCE PAYMENT.—The Commissioner, (1) submit to the relevant committees of owned or leased by the Administration. with approval from a person requesting serv- Congress an annual report that identifies (g) EVALUATION PROCEDURES.— ices of U.S. Customs and Border Protection each fee agreement made during the previous (1) REQUIREMENTS FOR PROCEDURES.—Not services pursuant to a fee agreement, may year and, consistent with the requirements later than 180 days after the date of enact- accept the fee for services prior to providing of section 907 of the Trade Facilitation and ment, the Commissioner, in consultation such services. Trade Enforcement Act of 2015 (Public Law with the Administrator as appropriate, shall (3) OVERSIGHT OF FEES.—The Commissioner 114–125), or pertaining to authorities and pro- issue procedures for evaluating proposals for shall develop a process to oversee the activi- grams repealed and transitioned under sec- donation agreements. ties for which fees are charged pursuant to a tion ll02 of this title or otherwise author- (2) AVAILABILITY.—The procedures issued fee agreement that includes the following: ized by this section; and under paragraph (1) shall be made available (A) A determination and report on the full (2) not less than 3 days before entering into to the public. cost of providing services, including direct a fee agreement, notify the members of Con- (3) COST-SHARING ARRANGEMENTS.—In and indirect costs, as well as a process, gress that represent the State or district in issuing the procedures under paragraph (1), through consultation with affected parties which the affected port or facility is located. the Commissioner, in consultation with the and other interested stakeholders, for in- Administration, shall evaluate the use of au- (d) EFFECTIVE PERIOD.—The authority for creasing such fees as necessary. thorities provided under this section to enter (B) The establishment of a periodic remit- the Commission to enter into new fee agree- into cost-sharing or reimbursement agree- tance schedule to replenish appropriations, ments shall be in effect until September 30, ments with eligible persons and determine accounts or funds, as necessary. 2025. Any fee agreement entered into prior to whether such agreements may improve facil- (C) The identification of costs paid by such that date shall remain in effect under the ity conditions or inspection services at new fees. terms of that fee agreement. or existing land, sea, or air ports of entry.

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.017 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1859 (h) DETERMINATION AND NOTIFICATION.— the bill H.R. 636, to amend the Internal scribed in paragraph (4) and that make ade- (1) IN GENERAL.—Not later than 60 days Revenue Code of 1986 to permanently quate provision for airside needs. after receiving a proposal for a donation extend increased expensing limita- (4) CERTIFICATION.—The certification de- agreement, the Commissioner, and Adminis- tions, and for other purposes; which scribed in this paragraph is a certification trator if applicable, shall notify the person made by a State that includes each of the that submitted the proposal as to whether it was ordered to lie on the table; as fol- following: is complete or incomplete. lows: (A) That the alternate distribution per- (2) INCOMPLETE PROPOSALS.—If the Com- At the appropriate place, insert the fol- mitted under the demonstration program missioner, and Administrator if applicable, lowing: will occur in a manner that ensures all non- determines that a proposal is incomplete, SEC. lll. DEMONSTRATION PROGRAM FOR IM- primary classified airports in the State are the person that submitted the proposal shall PROVEMENT OF GENERAL AVIATION adequately maintained in accordance with be notified and provided with— AIRPORT GRANTS. all relevant safety standards. (A) a detailed description of all specific in- (a) IN GENERAL.— (B) That the State has a capital improve- formation or material that is needed to com- (1) AUTHORITY.—The Secretary of Trans- ment planning process and priority system plete review of the proposal; and portation is authorized to carry out a dem- sufficient to carry out such alternate dis- (B) allow the person to resubmit the pro- onstration program for improved adminis- tribution in a manner consistent with air- posal with additional information and mate- tration of general aviation airport grants, as port safety and security needs. rial described under subparagraph (A) to described in this section. (C) That the State has sufficient commu- complete the proposal. (2) GUIDANCE.— nication capabilities and protocols to notify (3) COMPLETE APPLICATIONS.—Not later (A) REQUIREMENT FOR GUIDANCE.—Not later and consult with local jurisdictions having than 180 days after receiving a completed than 90 days after the date of the enactment control over nonprimary classified airports and final proposal for a donation agreement, of this Act, the Secretary of Transportation regarding such alternate distribution. the Commissioner, and Administrator if ap- shall issue guidance to carry out a dem- (D) That the State— plicable, shall— onstration program authorized under para- (i) continues to meet other application and (A) make a determination whether to deny graph (1). selection requirements set out in section or approve the proposal; and (B) REPORTING AND REVIEW.—The guidance 47128(b) of title 48, United States Code; or (B) notify the person that submitted the required by subparagraph (A) may include (ii) if the State is not carrying out a block proposal of the determination. periodic reporting and review guidelines for grant program under section 47128 of title 49, (4) CONSIDERATIONS.—In making the deter- States participating in the such demonstra- United States Code, meets requirements that mination under paragraph (3)(A), the Com- tion program, as specified by the Secretary. are equivalent, as determined appropriate by (b) AUTHORITY FOR AN ALTERNATE DIS- missioner, and Administrator if applicable, the Secretary. TRIBUTION OF FUNDS.—States that are se- shall consider— lected to participate in the demonstration (A) the impact of the proposal on reducing SA 3567. Mr. COCHRAN (for himself, program shall not be subject to the alloca- wait times at that port of entry or facility Mr. HOEVEN, and Mr. WICKER) sub- tion requirements of paragraph (3)(A) of sec- and other ports of entry on the same border; mitted an amendment intended to be tion 47114(d) of title 49, United States Code, (B) the potential of the proposal to in- for funds made available under such section proposed to amendment SA 3464 sub- crease trade and travel efficiency through after the date of the enactment of this Act mitted by Mr. THUNE (for himself and added capacity; and for use at nonprimary classified airports Mr. NELSON) to the bill H.R. 636, to (C) the potential of the proposal to en- within such States. amend the Internal Revenue Code of hance the security of the port of entry or fa- (c) PERIOD OF AVAILABILITY.—Notwith- cility. 1986 to permanently extend increased standing any other provision of law, the pe- (i) SUPPLEMENTAL FUNDING.—Any property, expensing limitations, and for other riod of availability for an amount made including monetary donations and nonper- purposes; as follows: available to States under the terms of the sonal services, donated pursuant to a dona- On page 74, strike line 19 and insert the fol- demonstration program shall be available to tion agreement may be used in addition to lowing: under section 44802(a) of that title, be obligated for grants only during the fiscal any other funds, including appropriated and in coordination with the Center of Excel- year for which such amount was apportioned funds, property, or services made available lence for Unmanned Aircraft Systems. and the two fiscal years immediately after for the same purpose. (c) USE OF CENTER OF EXCELLENCE FOR UN- that year. If such amount is not obligated (j) RETURN OF DONATION.—If the Commis- MANNED AIRCRAFT SYSTEMS.—The Adminis- under the terms of the demonstration pro- sioner or the Administrator does not use the trator, in carrying out research necessary to gram within that time, such amount shall be property or services donated pursuant to a establish the consensus safety standards and added to the discretionary fund provided for donation agreement, such donated property certification requirements in section 44803 of under section 47115 of title 49, United States or services shall be returned to the person title 49, United States Code, as added by sec- Code. that made the donation. tion 2124, shall, to the maximum extent prac- (d) AIR SIDE NEEDS.—In selecting projects ticable, leverage the research and testing ca- (k) INTEREST PROHIBITED.—No interest may at nonprimary entitlement airports, States be owed on any donation returned to a per- pacity and capabilities of the Center of Ex- participating in the demonstration program cellence for Unmanned Aircraft Systems and son under this subsection. shall ensure that funds apportioned to air- (l) ANNUAL REPORT AND NOTICE TO CON- the test sites (as defined in 44801 of such port sponsors are only made available for GRESS.—The Commissioner, in collaboration title, as added by section 2121). construction costs of revenue producing with the Administrator if applicable, shall— aeronautical support facilities if such spon- Ms. COLLINS (for herself (1) submit to the relevant committees of SA 3568. sor has made adequate provision for financ- Congress an annual report that identifies and Mr. KING) submitted an amend- ing airside needs consistent with the terms each donation agreement made during the ment intended to be proposed to of section 47110(h) of title 49, United States previous year; and amendment SA 3464 submitted by Mr. Code. THUNE (for himself and Mr. NELSON) to (2) not less than 3 days before entering into (e) STATE PARTICIPATION.— a donation agreement, notify the members of (1) NUMBER OF STATES.—The Secretary of the bill H.R. 636, to amend the Internal Congress that represent the State or district Transportation may select not more than 5 Revenue Code of 1986 to permanently in which the affected port or facility is lo- States to participate in the demonstration extend increased expensing limita- cated. program. tions, and for other purposes; which (m) RULE OF CONSTRUCTION.—Except as (2) DURATION OF PARTICIPATION.—A State was ordered to lie on the table; as fol- otherwise provided in this section, nothing selected to participate in the demonstration lows: in this section may be construed as affecting program shall remain in the demonstration in any manner the responsibilities, duties, or At the appropriate place, insert the fol- program until the State terminates its par- lowing: authorities of U.S. Customs and Border Pro- ticipation. If a State terminates participa- SEC. ll. TRANSIT STOPS IN THE UNITED tection or the Administration. tion under this paragraph, the Secretary (n) EFFECTIVE PERIOD.—The authority for STATES BY FOREIGN AIR CARRIERS may select another State to participate in TRAVELING TO OR FROM CUBA. the Commission or the Administrator to the demonstration program. enter into new donation agreements shall be (a) IN GENERAL.—Except as provided in (3) STATE ELIGIBILITY.—A State is eligible in effect until September 30, 2025. Any dona- subsection (c), the President may not regu- to participate in the demonstration program late or prohibit, directly or indirectly, the tion agreement entered into prior to that if the State— date shall remain in effect under the terms provision of technical services otherwise per- (A) for not less than 3 States, as of the date mitted under an international air transpor- of that donation agreement. of the enactment of this Act, is authorized tation agreement in the United States for an by the Secretary to carry out a block grant Mr. CORNYN submitted an aircraft of a foreign air carrier that is en SA 3566. program under section 47128 of title 49, route to or from Cuba. amendment intended to be proposed to United States Code; and (b) EFFECT OF EXISTING REGULATIONS.—Any amendment SA 3464 submitted by Mr. (B) submits an application for the partici- regulation in effect on the date of the enact- THUNE (for himself and Mr. NELSON) to pation that includes the certification de- ment of this Act that regulates or prohibits

VerDate Sep 11 2014 08:08 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.017 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1860 CONGRESSIONAL RECORD — SENATE April 11, 2016 the services described in subsection (a) shall 1986 is amended by striking ‘‘or’’ at the end (3) An assessment of whether infrastruc- cease to have any force or effect with respect of clause (vi), by inserting ‘‘or’’ at the end of ture beyond that necessary for operations of to such services. clause (vii), and by adding at the end the fol- commercial air carriers is needed at airports (c) EXCEPTIONS.— lowing new clause: at which collegiate aviation flight training (1) IN GENERAL.—This section shall not ‘‘(viii) waste heat to power property,’’. operations are conducted. apply if— (b) WASTE HEAT TO POWER PROPERTY.— (4) If such infrastructure is needed, an esti- (A) the United States is at war with Cuba; Subsection (c) of section 48 of the Internal mate of the cost of such infrastructure. (B) armed hostilities between the United Revenue Code of 1986 is amended by adding (5) An identification of funding sources, States and Cuba are in progress; or at the end the following new paragraph: available before the date of the enactment of (C) there is imminent danger to the public ‘‘(5) WASTE HEAT TO POWER PROPERTY.— this Act or that may become available after health or physical safety of United States ‘‘(A) WASTE HEAT TO POWER PROPERTY.— such date of enactment, that may be used to citizens. The term ‘waste heat to power property’ construct such infrastructure. (2) CUBAN AIR CARRIERS.—This section shall means property comprising a system which (6) Recommendations for improving tech- not apply to foreign air carriers that are generates electricity through the recovery of nical and financial assistance to airports to owned by the Government of Cuba or are a qualified waste heat resource. construct such infrastructure. based in Cuba. ‘‘(B) QUALIFIED WASTE HEAT RESOURCE DE- (d) APPLICABILITY.—The provisions of this FINED.—The term ‘qualified waste heat re- SA 3571. Mr. BLUMENTHAL sub- section shall apply to— source’ means— mitted an amendment intended to be (1) actions taken by the President before ‘‘(i) exhaust heat or flared gas from any in- proposed to amendment SA 3464 sub- dustrial process, the date of the enactment of this Act that mitted by Mr. THUNE (for himself and are in effect on such date of enactment; and ‘‘(ii) waste gas or industrial tail gas that Mr. NELSON) to the bill H.R. 636, to (2) actions taken on or after such date of would otherwise be flared, incinerated, or enactment. vented, amend the Internal Revenue Code of (e) INAPPLICABILITY.—The provisions of ‘‘(iii) a pressure drop in any gas for an in- 1986 to permanently extend increased this section shall apply notwithstanding sec- dustrial or commercial process, or expensing limitations, and for other tion 102(h) of the Cuban Liberty and Demo- ‘‘(iv) such other forms of waste heat re- purposes; which was ordered to lie on cratic Solidarity (LIBERTAD) Act of 1996 (22 sources as the Secretary may determine. the table; as follows: U.S.C. 6032(h)) and section 910(b) of the Trade ‘‘(C) EXCEPTION.—The term ‘qualified waste On page 197, between lines 8 and 9, insert Sanctions Reform and Export Enhancement heat resource’ does not include any heat re- the following: Act of 2000 (22 U.S.C. 7209(b)). source from a process whose primary purpose (c) JOINT TASK FORCE.— is the generation of electricity utilizing a (1) ESTABLISHMENT.—Not later than 30 days SA 3569. Ms. COLLINS (for herself fossil fuel or nuclear energy. after the date of the enactment of this Act, and Mr. CASEY) submitted an amend- ‘‘(D) TERMINATION.—The term ‘waste heat the Administrator, in coordination with the ment intended to be proposed to to power property’ shall not include any Attorney General, the Secretary of Home- amendment SA 3464 submitted by Mr. property placed in service after December 31, land Security, the head of the Federal agen- 2021.’’. HUNE ELSON cy authorized to regulate the use of laser T (for himself and Mr. N ) to (c) INCREASED ENERGY PERCENTAGE.— pointers, and any other appropriate Federal the bill H.R. 636, to amend the Internal Clause (i) of section 48(a)(2)(A) of the Inter- stakeholders, shall establish a joint task Revenue Code of 1986 to permanently nal Revenue Code of 1986, as amended by this force (referred to in this section as the extend increased expensing limita- Act, is further amended by striking ‘‘and’’ at ‘‘Laser Pointer Safety Task Force’’) to ad- tions, and for other purposes; which the end of subclause (IV) and inserting after the new subclause (V) the following new sub- dress dangers from laser pointers by estab- was ordered to lie on the table; as fol- lishing a coordinated response to mitigate lows: clause: ‘‘(VI) energy property described in para- the threat of laser pointers aimed at air- At the appropriate place, insert the fol- graph (3)(A)(viii), and’’. craft. lowing: (d) EFFECTIVE DATE.—The amendments (2) REPRESENTATION.—The Administrator SEC. llll. MODIFICATIONS IN CREDIT FOR made by this section shall apply to periods shall appoint a representative of the Federal COMBINED HEAT AND POWER SYS- after the date of the enactment of this Act, Aviation Administration to lead the Laser TEM PROPERTY. under rules similar to the rules of section Pointer Safety Task Force, which shall also (a) INCREASED ENERGY PERCENTAGE.— 48(m) of the Internal Revenue Code of 1986 includes representatives of the Department Clause (i) of section 48(a)(2)(A) of the Inter- (as in effect on the day before the date of the of Justice, the Department of Homeland Se- nal Revenue Code of 1986 is amended by enactment of the Revenue Reconciliation curity, the Federal agency authorized to reg- striking ‘‘and’’ at the end of subclause (III), Act of 1990). ulate the use of laser pointers, and any other by redesignating subclause (IV) as subclause appropriate Federal stakeholder. (V), and by inserting after subclause (III) the SA 3570. Ms. HEITKAMP (for herself (3) PUBLIC EDUCATION CAMPAIGN.—The following new subclause: and Mr. FLAKE) submitted an amend- Laser Pointer Safety Task Force shall de- ‘‘(IV) energy property described in para- ment intended to be proposed to velop a public education campaign to inform graph (3)(A)(v), and’’. amendment SA 3464 submitted by Mr. the public of the dangers of pointing a laser (b) MODIFICATION OF CERTAIN CAPACITY THUNE (for himself and Mr. NELSON) to at aircraft. LIMITATIONS.—Section 48(c)(3)(B) of the In- (4) INCIDENT DETECTION AND REPORTING.— ternal Revenue Code of 1986 is amended— the bill H.R. 636, to amend the Internal Revenue Code of 1986 to permanently The Laser Pointer Safety Task Force shall (1) by striking ‘‘15 megawatts’’ in clause develop methods for— (ii) and inserting ‘‘25 megawatts’’, extend increased expensing limita- (A) encouraging the reporting of incidents (2) by striking ‘‘20,000 horsepower’’ in tions, and for other purposes; which of laser pointers aimed at an aircraft; and clause (ii) and inserting ‘‘34,000 horsepower’’, was ordered to lie on the table; as fol- (B) assess what technology could be used and lows: to enhance the detection of such incidents (3) by striking clause (iii). At the end of title V, add the following: and to protect pilots from such incidents. (c) EXTENSION OF CREDIT FOR COMBINED SEC. 5032. REPORT ON EFFECTS ON AIRPORTS OF (5) REPORT.—Not later than 120 days after HEAT AND POWER SYSTEM PROPERTY.—Sec- COLLEGIATE AVIATION FLIGHT the date of the enactment of this Act, the tion 48(c)(3)(A)(iv) of the Internal Revenue TRAINING OPERATIONS. Laser Pointer Safety Task Force shall sub- Code of 1986 is amended by striking ‘‘Janu- (a) IN GENERAL.—Not later than 180 days mit a report to Congress that describes its ary 1, 2017’’ and inserting ‘‘January 1, 2022’’. after the date of the enactment of this Act, efforts under this subsection and includes (d) EFFECTIVE DATE.— the Administrator of the Federal Aviation recommendations for further measures need- (1) IN GENERAL.—Except as provided in Administration shall submit to Congress a ed to prevent or respond to the use of laser paragraph (2), the amendments made by this report assessing the importance of collegiate pointers against aircraft. section shall apply to periods after the date aviation flight training operations and the (6) AUTHORIZATION OF APPROPRIATIONS.— of the enactment of this Act, under rules effect of such operations on the economy and There are authorized to be appropriated such similar to the rules of section 48(m) of the infrastructure of airports in the National sums as may be necessary for the Laser Internal Revenue Code of 1986 (as in effect on Plan of Integrated Airport Systems. Pointer Safety Task Force to carry out the the day before the date of the enactment of (b) ELEMENTS.—In the report required by objectives set forth in this subsection. the Revenue Reconciliation Act of 1990). subsection (a), the Administrator shall in- (2) EXTENSION OF CREDIT.—The amendment clude the following: SA 3572. Mr. BLUMENTHAL sub- made by subsection (c) shall apply to prop- (1) An assessment of the total capacity of mitted an amendment intended to be collegiate aviation flight training programs erty placed in service after December 31, proposed to amendment SA 3464 sub- 2016. in the United States to meet the needs of the mitted by Mr. THUNE (for himself and SEC. llll. ENERGY CREDIT FOR WASTE HEAT United States to train commercial pilots. TO POWER PROPERTY. (2) An assessment of the footprint of colle- Mr. NELSON) to the bill H.R. 636, to (a) IN GENERAL.—Subparagraph (A) of sec- giate aviation flight training operations at amend the Internal Revenue Code of tion 48(a)(3) of the Internal Revenue Code of the airports in the United States. 1986 to permanently extend increased

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.023 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1861 expensing limitations, and for other On page 57, line 12, strike ‘‘A violation’’ total air supplied to the passenger cabin and purposes; which was ordered to lie on and insert the following: flight deck. the table; as follows: (a) PRIVATE RIGHT OF ACTION AGAINST UN- (c) REPORT.—Not later than 1 year after FAIR AND DECEPTIVE PRACTICES.—Section the date of the enactment of this Act, the On page 188, beginning on line 14, strike 41712 is amended by adding at the end the Administrator shall submit a report to Con- ‘‘first- or second-class airman’’ and insert following: gress that describes the results of the re- ‘‘first-, second-, or third-class airman’’. ‘‘(d) PRIVATE RIGHT OF ACTION.— search and development work carried out ‘‘(1) IN GENERAL.—Any person aggrieved by under subsection (a). SA 3573. Mr. BLUMENTHAL sub- an action prohibited under this section may (d) AUTHORIZATION OF APPROPRIATIONS.— mitted an amendment intended to be file a civil action for damages and injunctive There are authorized to be appropriated such proposed to amendment SA 3464 sub- relief in any Federal district court or State sums as may be necessary to carry out this mitted by Mr. THUNE (for himself and court located in the State in which— section. Mr. NELSON) to the bill H.R. 636, to ‘‘(A) the unlawful action is alleged to have amend the Internal Revenue Code of been committed; or SA 3578. Mr. BLUMENTHAL sub- ‘‘(B) the aggrieved person resides. 1986 to permanently extend increased mitted an amendment intended to be ‘‘(2) ENFORCEMENT BY A STATE.—The attor- proposed to amendment SA 3464 sub- expensing limitations, and for other ney general of any State, as parens patriae, purposes; which was ordered to lie on may bring a civil action to enforce the provi- mitted by Mr. THUNE (for himself and the table; as follows: sions of this section in— Mr. NELSON) to the bill H.R. 636, to Strike subtitle F of title II and insert the ‘‘(A) any district court of the United amend the Internal Revenue Code of following: States in that State; or 1986 to permanently extend increased ‘‘(B) any State court that is located in that Subtitle F—Exemption From Medical expensing limitations, and for other State and has jurisdiction over the defend- Certification Requirements purposes; which was ordered to lie on ant.’’. the table; as follows: SEC. 2601. REPORTING BY PILOTS EXEMPT FROM (b) VIOLATION OF A PRIVACY POLICY.—A vio- MEDICAL CERTIFICATION REQUIRE- lation At the end of title V, add the following: MENTS. SEC. 5032. DIVERSIONS TO BRADLEY INTER- Not later than 180 days after the date of SA 3576. Mr. BLUMENTHAL sub- NATIONAL AIRPORT. the enactment of this Act, the Secretary of mitted an amendment intended to be The Administrator of the Federal Aviation Transportation shall require any pilot who is proposed to amendment SA 3464 sub- Administration shall coordinate with the op- exempt from medical certification require- erator of Bradley International Airport, mitted by Mr. THUNE (for himself and ments to submit, not less frequently than Windsor Locks, Connecticut, to develop and once every 180 days, a report to the Depart- Mr. NELSON) to the bill H.R. 636, to implement a plan for irregular operations ment of Transportation that— amend the Internal Revenue Code of that result in aircraft being diverted to the (1) identifies the pilot’s status as an active 1986 to permanently extend increased airport to ensure that the airport is not ad- pilot; and expensing limitations, and for other versely affected. (2) includes a summary of the pilot’s recent purposes; which was ordered to lie on flight hours. the table; as follows: SA 3579. Mr. BLUMENTHAL sub- SEC. 2602. GOVERNMENT ACCOUNTABILITY OF- On page 264, line 16, strike ‘‘Not later mitted an amendment intended to be FICE REPORT ASSESSING EFFECT than’’ and insert the following: proposed to amendment SA 3464 sub- ON PUBLIC SAFETY OF EXEMPTION (a) NO PREEMPTION OF CONSUMER PROTEC- FOR SPORT PILOTS FROM REQUIRE- mitted by Mr. THUNE (for himself and TION CLAIMS.—Section 41713(b)(4) is amended MENT FOR A MEDICAL CERTIFICATE. Mr. NELSON) to the bill H.R. 636, to by adding at the end the following: Not later than 2 years after the date of the amend the Internal Revenue Code of ‘‘(D) NO PREEMPTION OF CONSUMER PROTEC- enactment of this Act, the Comptroller Gen- TION CLAIMS.—Nothing in subparagraphs (A) 1986 to permanently extend increased eral of the United States shall submit a re- through (C) may be construed— expensing limitations, and for other port to the Committee on Commerce, ‘‘(i) to preempt, displace, or supplant any purposes; which was ordered to lie on Science, and Transportation of the Senate action for civil damages or injunctive relief and the Committee on Transportation and the table; as follows: based on a State consumer protection stat- Infrastructure of the House of Representa- At the end of subtitle A of title III, add the ute; or tives that assesses the effect of section following: ‘‘(ii) to restrict the authority of any gov- 61.23(c)(ii) of title 14, Code of Federal Regula- SEC. 3124. GOVERNMENT ACCOUNTABILITY OF- ernment entity, including a State attorney tions (permitting a person to exercise the FICE REPORT ON BAGGAGE FEES. general, from bringing a legal claim on be- privileges of a sport pilot certificate without Not later than 180 days after the date of half of the citizens of such State.’’. holding a medical certificate), on public safe- the enactment of this Act, the Comptroller (b) SUPPLEMENTAL NOTICE OF PROPOSED ty since 2004. General of the United States shall submit to RULEMAKING.—Not later than Congress a report assessing— SA 3574. Mr. BLUMENTHAL sub- SA 3577. Mr. BLUMENTHAL sub- (1) the extent to which baggage fees im- mitted an amendment intended to be mitted an amendment intended to be posed by air carriers have led to— proposed to amendment SA 3464 sub- (A) increased security costs at airports, as proposed to amendment SA 3464 sub- reflected by the need for more security mitted by Mr. THUNE (for himself and mitted by Mr. THUNE (for himself and screening officials and security screening Mr. NELSON) to the bill H.R. 636, to Mr. NELSON) to the bill H.R. 636, to equipment; and amend the Internal Revenue Code of amend the Internal Revenue Code of (B) economic disruption, such as requiring 1986 to permanently extend increased 1986 to permanently extend increased passengers to spend increased time waiting expensing limitations, and for other expensing limitations, and for other in line instead of pursuing more worthwhile, purposes; which was ordered to lie on purposes; which was ordered to lie on productive pursuits; and the table; as follows: the table; as follows: (2) whether any increased costs have been borne disproportionately by taxpayers in- On page 244, between lines 7 and 8, insert On page 211, between lines 2 and 3, insert stead of air carriers. the following: the following: (m) RULEMAKING ESTABLISHING MINIMUM SEC. 2320. CABIN AIR QUALITY TECHNOLOGY. SA 3580. Mr. BLUMENTHAL sub- LIABILITY INSURANCE LEVELS FOR PILOTS.— (a) IN GENERAL.—Not later than 60 days Not later than 180 days after the date of the after the date of the enactment of this Act, mitted an amendment intended to be enactment of this Act, the Administrator of the Administrator of the Federal Aviation proposed to amendment SA 3464 sub- the Federal Aviation Administration shall Administration shall initiate research and mitted by Mr. THUNE (for himself and initiate a rulemaking to establish minimum development work on effective air cleaning Mr. NELSON) to the bill H.R. 636, to levels of liability insurance for any pilot and sensor technology for the engine and amend the Internal Revenue Code of covered under this section. auxiliary power unit for bleed air supplied to 1986 to permanently extend increased the passenger cabin and flight deck of a pres- expensing limitations, and for other Mr. BLUMENTHAL sub- surized aircraft. SA 3575. purposes; which was ordered to lie on mitted an amendment intended to be (b) TECHNOLOGY REQUIREMENTS.—The tech- the table; as follows: proposed by him to the bill H.R. 636, to nology developed under subsection (a) shall amend the Internal Revenue Code of be capable of— Beginning on page 106, strike line 22 and (1) removing oil-based contaminants from all that follows through page 107, line 9, and 1986 to permanently extend increased the bleed air supplied to the passenger cabin insert the following expensing limitations, and for other and flight deck; and ‘‘(a) PROHIBITION.—Beginning on the date purposes; which was ordered to lie on (2) detecting and recording oil-based con- that is 90 days after the date of publication the table; as follows: taminants in the bleed air fraction of the of the guidance under subsection (b)(1), it

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.018 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1862 CONGRESSIONAL RECORD — SENATE April 11, 2016 shall be unlawful for any person to introduce was ordered to lie on the table; as fol- (1) a plan for coordination with appropriate or deliver for introduction into interstate lows: law enforcement and other authorities in the commerce any unmanned aircraft manufac- event of an emergency or insider threat; At the appropriate place, insert the fol- tured unless a safety statement is attached (2) guidelines and training for response to lowing: to the unmanned aircraft or accompanying security threats and active shooter inci- the unmanned aircraft in its packaging. SEC. ll. REGULATIONS RELATING TO DISCLO- dents; and SURE OF FLIGHT DATA. ‘‘(b) SAFETY STATEMENT.— (3) guidelines for coordination between of- (a) IN GENERAL.—Not later than 180 days ‘‘(1) IN GENERAL.—Not later than 90 days fices within the Administration, including after the date of the enactment of this Act, after the date of enactment of the Federal the Office of Security and Hazardous Mate- the Secretary of Transportation shall pre- Aviation Administration Reauthorization rials Safety and the Air Traffic Organiza- scribe regulations prohibiting an air carrier Act of 2016, the Administrator of the Federal tion, on integrating security and resiliency from limiting the access of consumers to in- Aviation Administration shall issue guid- concepts into assessment and oversight ac- formation relating to schedules, fares, and ance for implementing this section. tivities, including guidelines for the inspec- fees for flights in passenger air transpor- tion of resiliency-focused elements including tation. SA 3581. Mr. BLUMENTHAL sub- electrical systems, telecommunications, and (b) AIR CARRIER DEFINED.—In this section, mitted an amendment intended to be the incorporation of best practices in risk as- the term ‘‘air carrier’’ means an air carrier sessment capabilities. proposed to amendment SA 3464 sub- or foreign air carrier, as those terms are de- mitted by Mr. THUNE (for himself and fined in section 40102 of title 49, United Mr. NELSON) to the bill H.R. 636, to States Code. SA 3587. Mr. WHITEHOUSE sub- amend the Internal Revenue Code of mitted an amendment intended to be 1986 to permanently extend increased SA 3584. Mr. BLUMENTHAL sub- proposed to amendment SA 3464 sub- expensing limitations, and for other mitted an amendment intended to be mitted by Mr. THUNE (for himself and purposes; which was ordered to lie on proposed to amendment SA 3464 sub- Mr. NELSON) to the bill H.R. 636, to the table; as follows: mitted by Mr. THUNE (for himself and amend the Internal Revenue Code of Beginning on page 271, strike line 15 and Mr. NELSON) to the bill H.R. 636, to 1986 to permanently extend increased all that follows through page 272, line 4, and amend the Internal Revenue Code of expensing limitations, and for other insert the following: 1986 to permanently extend increased purposes; which was ordered to lie on (1) each covered air carrier to disclose to a expensing limitations, and for other the table; as follows: consumer any ancillary fees, including the purposes; which was ordered to lie on At the appropriate place, insert the fol- baggage fee, cancellation fee, change fee, the table; as follows: lowing: ticketing fee, and seat selection fee of that covered air carrier in a standardized format; On page 192, between lines 20 and 21, insert SEC. lll. GREENHOUSE GAS USE AND REUSE and the following: CREDIT. (2) notwithstanding the manner in which ‘‘(3) the existence and utility of the Na- (a) SHORT TITLE.—This section may be information regarding the fees described in tional Human Trafficking Resource Center. cited as the ‘‘Greenhouse Gas Biological Use paragraph (1) is collected, each ticket agent and Reuse Act of 2016’’. to disclose to a consumer such fees of a cov- SA 3585. Mr. BLUMENTHAL sub- (b) IN GENERAL.—Subpart D of part IV of ered air carrier in the standardized format mitted an amendment intended to be subchapter A of chapter 1 of the Internal described in paragraph (1). proposed to amendment SA 3464 sub- Revenue Code of 1986 is amended by adding (b) REQUIREMENTS.—The regulations under mitted by Mr. THUNE (for himself and at the end the following new section: subsection (a) shall require that each disclo- Mr. NELSON) to the bill H.R. 636, to ‘‘SEC. 45S. CREDIT FOR GREENHOUSE GAS USE sure— amend the Internal Revenue Code of AND REUSE. (1) if ticketing is done on an Internet Web 1986 to permanently extend increased ‘‘(a) ALLOWANCE OF CREDIT.—For purposes site or other online service— expensing limitations, and for other of section 38, the greenhouse gas use and (A) be prominently displayed to the con- reuse credit determined under this section sumer through a link on the homepage of the purposes; which was ordered to lie on for any taxable year is an amount equal to covered air carrier or ticket agent and prior the table; as follows: the sum of— to the point of purchase; and After section 2307, insert the following: ‘‘(1) 30 percent of the qualified investment SEC. 2307A. TRAINING ON HUMAN TRAFFICKING for such taxable year with respect to green- SA 3582. Mr. BLUMENTHAL sub- FOR ADDITIONAL AIR CARRIER PER- house gas use and reuse equipment, plus mitted an amendment intended to be SONNEL. ‘‘(2) the applicable amount (as determined proposed to amendment SA 3464 sub- (a) IN GENERAL.—Each air carrier shall pro- under subsection (g)) per metric ton of car- mitted by Mr. THUNE (for himself and vide ticket counter agents, gate agents, and bon dioxide equivalent of greenhouse gas other personnel of such air carrier whose du- Mr. NELSON) to the bill H.R. 636, to emissions— ties include regular interaction with pas- amend the Internal Revenue Code of ‘‘(A) for a facility— sengers training on recognizing and respond- ‘‘(i) in which greenhouse gas use and reuse 1986 to permanently extend increased ing to victims and potential victims of equipment has been placed in service, expensing limitations, and for other human trafficking. Such training shall be in ‘‘(ii) for which the Secretary has deter- purposes; which was ordered to lie on addition to any other training provided by mined that the property described in clause the table; as follows: an air carrier to such personnel. (i) satisfies the requirements under sub- At the end of subtitle A of title III, add the (b) DEFINITION.—In this section, the term section (b)(2), and following: ‘‘air carrier’’ means a person, including a ‘‘(iii) which is located within the United commercial enterprise, that has been issued SEC. 31ll. UNFAIR OR DECEPTIVE PRACTICES States (within the meaning of section 638(1)) RELATING TO TRAVEL INSURANCE. an air carrier operating certificate under or a possession of the United States (within Section 2 of the Act of the Act of March 9, section 44705 of title 49, United States Code. the meaning of section 638(2)), and 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1012) is ‘‘(B) which the taxpayer demonstrates, amended by adding at the end the following: SA 3586. Mr. DURBIN submitted an based upon an analysis of lifecycle green- ‘‘(c) Notwithstanding subsections (a) and amendment intended to be proposed to house gas emissions (as described in section (b), the Secretary of Transportation may in- amendment SA 3464 submitted by Mr. 211(o)(1)(H) of the Clean Air Act (42 U.S.C. vestigate, and take action under section THUNE (for himself and Mr. NELSON) to 7545(o)(1)(H)), as in effect on the date of the 41712(a) of title 49, United States Code, with the bill H.R. 636, to amend the Internal enactment of this section) and subject to respect to, unfair or deceptive practices and Revenue Code of 1986 to permanently such requirements as the Secretary, in con- unfair methods of competition with respect extend increased expensing limita- sultation with the Secretary of Energy, de- termines appropriate, were avoided through to insurance relating to travel in air trans- tions, and for other purposes; which portation.’’. the use of the property described in subpara- was ordered to lie on the table; as fol- graph (A)(i). SA 3583. Mr. BLUMENTHAL (for lows: ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT himself and Mr. MARKEY) submitted an At the appropriate place, insert the fol- TO GREENHOUSE GAS USE AND REUSE EQUIP- amendment intended to be proposed to lowing: MENT.— amendment SA 3464 submitted by Mr. SEC. ll. PLANS FOR COORDINATION TO RE- ‘‘(1) IN GENERAL.—For purposes of sub- SPOND TO SECURITY THREATS AT section (a)(1), the qualified investment with THUNE (for himself and Mr. NELSON) to AIR TRAFFIC FACILITIES. respect to greenhouse gas use and reuse the bill H.R. 636, to amend the Internal The Administrator of the Federal Aviation equipment for any taxable year is the basis Revenue Code of 1986 to permanently Administration shall ensure that the Admin- of any greenhouse gas use and reuse equip- extend increased expensing limita- istration provides air navigation facilities ment placed in service at a facility by the tions, and for other purposes; which with, as appropriate— taxpayer during such taxable year.

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‘‘(2) GREENHOUSE GAS USE AND REUSE EQUIP- ‘‘(1) IN GENERAL.—For purposes of para- SEC. ll. REQUIREMENT FOR LAW ENFORCE- MENT.—The term ‘greenhouse gas use and graph (2) of subsection (a), the applicable MENT OFFICERS AND EXPLOSIVE reuse equipment’ means property— amount is— DETECTION CANINES AT AIRPORTS. ‘‘(A) installed in an industrial facility ‘‘(A) for calendar year 2016, $45, and (a) REQUIREMENT.—The Administration of which is owned by the taxpayer, ‘‘(B) for any calendar year beginning after the Transportation Security Administration ‘‘(B) which captures and diverts qualified 2016, the sum of— shall require that the air transportation se- greenhouse gases, ‘‘(i) the product of the amount in effect curity program required by section ‘‘(C) which results in a significant reduc- under this subparagraph for the preceding 44903(c)(1) of title 49, United States Code, for tion in the greenhouse gas emissions rate for calendar year and 102 percent, and each covered airport include the following: such facility as compared to such rate prior ‘‘(ii) the inflation adjustment amount de- (1) Beginning not more than 30 days after to the installation of such property through termined under paragraph (2). the date of the enactment of this Act, that a the use and reuse of the qualified greenhouse ‘‘(2) INFLATION ADJUSTMENT AMOUNT.—The State or local law enforcement officer is sta- gases captured and diverted at such facility, inflation adjustment amount for any cal- tioned not more than 300 feet from each pas- ‘‘(D) with respect to which depreciation is endar year shall be an amount (not less than senger screening checkpoint at each covered allowable, zero) equal to the product of— airport. ‘‘(E) which is constructed, reconstructed, ‘‘(A) the amount determined under para- (2) Beginning not more than 180 days after erected, or acquired by the taxpayer, graph (1)(B)(i), and the date of the enactment of this Act, that ‘‘(F) the original use of which commences ‘‘(B) the cost-of-living adjustment deter- an explosives detection canine team of a with the taxpayer, and mined under section 1(f)(3) for the calendar State or local law enforcement agency is as- ‘‘(G) which is placed in service before the year in which the taxable year begins, deter- signed to each terminal at each covered air- date which is 15 years after the date of the mined by substituting ‘calendar year 2015’ port. enactment of the Greenhouse Gas Biological for ‘calendar year 1992’ in subparagraph (B) (b) TECHNICAL SUPPORT.—The Adminis- Use and Reuse Act of 2016. thereof. trator of the Transportation Security Ad- ‘‘(3) CAPTURE, TRANSPORTATION, AND STOR- ‘‘(3) ROUNDING.—The applicable amount de- ministration shall provide technical and AGE INFRASTRUCTURE.—For purposes of para- termined under this subsection shall be other support to State or local law enforce- graph (2), greenhouse gas use and reuse rounded to the nearest dollar. ment agencies providing the personnel de- scribed in paragraph (1) or (2) of subsection equipment shall include infrastructure for ‘‘(h) DEFINITIONS.—In this section: (a). the purification, transportation, and storage ‘‘(1) CARBON DIOXIDE EQUIVALENT.—The (c) COVERED AIRPORT DEFINED.—In this sec- of qualified greenhouse gas, such as pipe- term ‘carbon dioxide equivalent’ means, with tion, the term ‘‘covered airport’’ means the lines, wells, and monitoring systems. respect to a greenhouse gas, the quantity of 25 airports in the United States with the such gas that has a global warming potential ‘‘(c) CERTAIN PROGRESS EXPENDITURE highest numbers of passengers enplaned each equivalent to 1 metric ton of carbon dioxide, RULES MADE APPLICABLE.—Rules similar to year. the rules of subsections (c)(4) and (d) of sec- as determined by the Administrator of the (d) FUNDING.—Out of funds made available tion 46 (as in effect on the day before the Environmental Protection Agency. to the Transportation Security Administra- date of the enactment of the Revenue Rec- ‘‘(2) GREENHOUSE GAS.—The term ‘green- tion for fiscal year 2016, $20,000,000 shall be onciliation Act of 1990) shall apply for pur- house gas’ has the same meaning given such available for State and local law enforce- poses of subsection (a)(1). term under section 211(o)(1)(G) of the Clean ment agencies, as a transfer of funds, to ‘‘(d) 10-YEAR LIMITATION ON CREDIT FOR USE Air Act, as in effect on the date of the enact- train, certify, and utilize explosives detec- AND REUSE.— ment of this section. tion canines. ‘‘(1) IN GENERAL.—For purposes of para- ‘‘(3) QUALIFIED GREENHOUSE GAS.—The term graph (2) of subsection (a), the credit allowed ‘qualified greenhouse gas’ means a green- SA 3589. Mr. KING (for himself, Ms. house gas captured from an industrial source under such subsection shall be not be appli- COLLINS, Ms. AYOTTE, Mrs. SHAHEEN, cable to any emissions avoided through the which— and Ms. BALDWIN) submitted an amend- use of greenhouse gas use and reuse equip- ‘‘(A) would otherwise be released into the ment installed at a facility following the ap- atmosphere as industrial emission of green- ment intended to be proposed to plicable credit period. house gas, and amendment SA 3464 submitted by Mr. ‘‘(2) APPLICABLE CREDIT PERIOD.—For pur- ‘‘(B) is measured at the source of capture THUNE (for himself and Mr. NELSON) to poses of paragraph (1), the ‘applicable credit and verified at the point of sequestration. the bill H.R. 636, to amend the Internal period’ is the 10-year period beginning in the ‘‘(4) USE AND REUSE.—The term ‘use and Revenue Code of 1986 to permanently first taxable year in which a credit is al- reuse’ means a process consisting of the bio- extend increased expensing limita- fixation of greenhouse gas through photosyn- lowed under paragraph (2) of subsection (a) tions, and for other purposes; which for such facility. thesis or chemosynthesis, such as through the growing of algae or bacteria.’’. was ordered to lie on the table; as fol- ‘‘(e) RECAPTURE.—The Secretary, in con- lows: sultation with the Secretary of Energy, shall (c) CONFORMING AMENDMENTS.— At the appropriate place, insert the fol- provide for recapturing the benefit of any (1) TABLE OF SECTIONS.—The table of sec- lowing: credit allowable under subsection (a) with tions for subpart D of part IV of subchapter respect to any project which fails to attain A of chapter 1 of such Code is amended by SEC. llll. RESIDENTIAL ENERGY-EFFICIENT or maintain the applicable requirements adding at the end the following new item: PROPERTY CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES. under this section. ‘‘Sec. 45S. Credit for greenhouse gas use and (a) ALLOWANCE OF CREDIT.—Subsection (a) ‘‘(f) PERSON TO WHOM CREDIT IS ALLOW- reuse.’’. of section 25D of the Internal Revenue Code ABLE.— (2) GENERAL BUSINESS CREDIT.—Section of 1986 is amended— ‘‘(1) IN GENERAL.—Except as provided in 38(b) of such Code is amended by striking (1) by striking ‘‘and’’ at the end of para- paragraph (2) or in regulations prescribed by ‘‘plus’’ at the end of paragraph (35), by strik- graph (4), the Secretary, for purposes of paragraph (2) ing the period at the end of paragraph (36) (2) by striking the period at the end of of subsection (a), any credit under such sub- and inserting ‘‘, plus’’, and by adding at the paragraph (5) and inserting ‘‘, and’’, and section shall be allowed to the taxpayer end the following new paragraph: (3) by adding at the end the following new who— ‘‘(37) the credit for greenhouse gas use and paragraph: ‘‘(A) captures and diverts the qualified reuse determined under section 45S(a),’’. ‘‘(6) in the case of taxable years beginning greenhouse gas, and (d) EFFECTIVE DATE.—The amendments before January 1, 2021, 30 percent of the ‘‘(B) through contract or otherwise, uses or made by this section shall take effect on the qualified biomass fuel property expenditures reuses the qualified greenhouse gas in a man- date of the enactment of this Act. made by the taxpayer during such year.’’. ner meeting the requirements of subpara- (b) QUALIFIED BIOMASS FUEL PROPERTY EX- graph (B) of subsection (a)(2). PENDITURES.—Subsection (d) of section 25D of ‘‘(2) ELECTION TO ALLOW CREDIT TO PERSON SA 3588. Ms. CANTWELL submitted an amendment intended to be proposed the Internal Revenue Code of 1986 is amended DISPOSING OF CARBON DIOXIDE.—If the person by adding at the end the following new para- described in paragraph (1) makes an election to amendment SA 3464 submitted by graph: under this paragraph in such manner as the Mr. THUNE (for himself and Mr. NEL- ‘‘(6) QUALIFIED BIOMASS FUEL PROPERTY EX- Secretary may prescribe by regulations, the SON) to the bill H.R. 636, to amend the PENDITURE.— credit under this section— Internal Revenue Code of 1986 to per- ‘‘(A) IN GENERAL.—The term ‘qualified bio- ‘‘(A) shall be allowable to the person that manently extend increased expensing mass fuel property expenditure’ means an ex- uses or reuses the qualified greenhouse gas limitations, and for other purposes; penditure for property— in a manner meeting the requirements of ‘‘(i) which uses the burning of biomass fuel subparagraph (B) of subsection (a)(2), and which was ordered to lie on the table; as follows: to heat a dwelling unit located in the United ‘‘(B) shall not be allowable to the person States and used as a residence by the tax- described in paragraph (1). At the appropriate place, insert the fol- payer, or to heat water for use in such a ‘‘(g) APPLICABLE AMOUNT.— lowing: dwelling unit, and

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.020 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1864 CONGRESSIONAL RECORD — SENATE April 11, 2016 ‘‘(ii) which has a thermal efficiency rating amendment SA 3464 submitted by Mr. manently extend increased expensing of at least 75 percent (measured by the high- THUNE (for himself and Mr. NELSON) to limitations, and for other purposes; er heating value of the fuel). the bill H.R. 636, to amend the Internal which was ordered to lie on the table; ‘‘(B) BIOMASS FUEL.—For purposes of this Revenue Code of 1986 to permanently as follows: section, the term ‘biomass fuel’ means any plant-derived fuel available on a renewable extend increased expensing limita- On page 264, strike lines 3 through 9, and or recurring basis, including agricultural tions, and for other purposes; which insert the following: crops and trees, wood and wood waste and was ordered to lie on the table; as fol- (2) CONSIDERATIONS.—In conducting the re- residues, plants (including aquatic plants), lows: view required by paragraph (1), the Secretary shall take into consideration the refund pol- grasses, residues, and fibers. Such term in- At the appropriate place, insert the fol- icy and alternative travel options provided cludes densified biomass fuels such as wood lowing: or offered by an air carrier. pellets.’’. SEC. ll. REQUIREMENT FOR AUTOMATED (c) EFFECTIVE DATE.—The amendments ENTRY AND EXIT SYSTEM AT NEW Mr. INHOFE submitted an made by this section shall apply to expendi- OR MODIFIED AIR PORTS OF ENTRY. SA 3596. tures paid or incurred in taxable years begin- No funds shall be obligated or expended for amendment intended to be proposed to ning after December 31, 2015. the physical modification of any existing air amendment SA 3464 submitted by Mr. SEC. llll. INVESTMENT TAX CREDIT FOR BIO- navigation facility that is a port of entry, or THUNE (for himself and Mr. NELSON) to MASS HEATING PROPERTY. for the construction of a new air navigation the bill H.R. 636, to amend the Internal (a) IN GENERAL.—Subparagraph (A) of sec- facility intended to be a port of entry, unless tion 48(a)(3) of the Internal Revenue Code of Revenue Code of 1986 to permanently the Secretary of Homeland Security certifies 1986 is amended by striking ‘‘or’’ at the end extend increased expensing limita- that the owner or sponsor of the facility has of clause (vi), by inserting ‘‘or’’ at the end of tions, and for other purposes; which clause (vii), and by inserting after clause entered into an agreement that guarantees was ordered to lie on the table; as fol- the installation and implementation of the (vii) the following new clause: lows: ‘‘(viii) open-loop biomass (within the automated entry and exit system described On page 75, beginning on line 11, strike ‘‘in- meaning of section 45(c)(3)) heating property, in section 7208 of the Intelligence Reform tegration’’ and all that follows and insert including boilers or furnaces which operate and Terrorism Prevention Act of 2004 (8 the following: ‘‘integration into the national at thermal output efficiencies of not less U.S.C. 1365b) at such facility not later than airspace system of small unmanned aircraft than 65 percent (measured by the higher two years after the date of the enactment of systems that are capable of navigating be- heating value of the fuel) and which provide this Act. yond the visual sight of the operator through thermal energy in the form of heat, hot an automated onboard control system or via water, or steam for space heating, air condi- SA 3592. Mr. LANKFORD submitted a data downlink that provides the operator a tioning, domestic hot water, or industrial an amendment intended to be proposed to amendment SA 3464 submitted by virtual means of onboard navigation’’. process heat,’’. On page 80, between lines 11 and 12, insert (b) 30-PERCENT AND 15-PERCENT CREDITS.— Mr. THUNE (for himself and Mr. NEL- the following: (1) ENERGY PERCENTAGE.— SON) to the bill H.R. 636, to amend the ‘‘(h) NONAPPLICABILITY TO MODEL AIR- (A) IN GENERAL.—Subparagraph (A) of sec- Internal Revenue Code of 1986 to per- CRAFT.—This section shall not apply to tion 48(a)(2) of the Internal Revenue Code of manently extend increased expensing model aircraft, as defined in section 44808, 1986 is amended by redesignating clause (ii) and operating in accordance with that sec- as clause (iii) and by inserting after clause limitations, and for other purposes; tion.’’. (i) the following new clause: which was ordered to lie on the table; On page 99, beginning on line 19, strike ‘‘(ii) except as provided in clause (i)(V), 15 as follows: ‘‘specific only’’ and all that follows through percent in the case of energy property de- Strike sections 3201, 3202, 3203, and 3204 and ‘‘model aircraft’’ on line 20, and insert the scribed in paragraph (3)(A)(viii), but only insert the following: following: ‘‘applicable to an unmanned air- with respect to periods ending before Janu- SEC. 3202. REPEAL OF THE ESSENTIAL AIR SERV- craft operating as a model aircraft or an un- ary 1, 2021, and’’. ICE PROGRAM. manned aircraft being developed as a model (B) CONFORMING AMENDMENT.—Subpara- Strike subchapter II of chapter 417. aircraft’’. graph of section 48(a)(2)(A)(iii) of such Code, On page 100, beginning on line 11, strike ‘‘, as so redesignated, is amended by inserting SA 3593. Mr. LANKFORD submitted where applicable’’ and all that follows ‘‘or (ii)’’ after ‘‘clause (i)’’. an amendment intended to be proposed through ‘‘the operation from each’’ on line (2) INCREASED CREDIT FOR GREATER EFFI- to amendment SA 3464 submitted by 15, and insert the following: ‘‘with prior no- CIENCY.—Clause (i) of section 48(a)(2)(A) of tice, where applicable, and coordinates with such Code is amended by striking ‘‘and’’ at Mr. THUNE (for himself and Mr. NEL- the airport air traffic control tower, to the the end of subclause (III) and by inserting SON) to the bill H.R. 636, to amend the extent practicable, when an air traffic facil- after subclause (IV) the following new sub- Internal Revenue Code of 1986 to per- ity is located at the airport, with respect to clause: manently extend increased expensing the operation’’. ‘‘(V) energy property described in para- limitations, and for other purposes; On page 101, beginning on line 2, strike graph (3)(A)(viii) which operates at a ther- which was ordered to lie on the table; ‘‘administered’’ and all that follows through mal output efficiency of not less than 80 per- as follows: ‘‘section 44809’’ on line 5, and insert the fol- cent (measured by the higher heating value Strike sections 3202 and 3203 and insert the lowing: ‘‘developed and administered by the of the fuel), but only with respect to periods following: community-based organization for the oper- ending before January 1, 2021,’’. ation of model aircraft’’. (c) EFFECTIVE DATE.—The amendments SEC. 3202. REPEAL OF SMALL COMMUNITY AIR On page 101, lines 10 and 11, strike ‘‘with made by this section shall apply to periods SERVICE DEVELOPMENT PROGRAM. government and industry stakeholders, in- after December 31, 2015, in taxable years end- Chapter 417 is amended by striking section ing after such date, under rules similar to 41743. cluding’’ and insert ‘‘the’’. the rules of section 48(m) of the Internal On page 104, strike lines 1 through 3 and in- Revenue Code of 1986 (as in effect on the day SA 3594. Mr. LANKFORD submitted sert the following: before the date of the enactment of the Rev- an amendment intended to be proposed (1)(A) the individual has successfully com- enue Reconciliation Act of 1990). pleted an aeronautical knowledge and safety to amendment SA 3464 submitted by test under subsection (c); or Mr. THUNE (for himself and Mr. NEL- SA 3590. Mr. WARNER submitted an (B) the individual is operating a model air- SON) to the bill H.R. 636, to amend the amendment intended to be proposed to craft under section 44808 and has successfully Internal Revenue Code of 1986 to per- amendment SA 3464 submitted by Mr. completed an aeronautical knowledge and manently extend increased expensing safety test in accordance with the safety THUNE (for himself and Mr. NELSON) to limitations, and for other purposes; program of the community-based organiza- the bill H.R. 636, to amend the Internal which was ordered to lie on the table; tion described in subsection (a)(7) of that Revenue Code of 1986 to permanently as follows: section; extend increased expensing limita- Beginning on page 106, strike ‘‘introduc- tions, and for other purposes; which On page 289, line 7, strike ‘‘$10,000,000’’ and tion’’ on line 25 and all the follows through was ordered to lie on the table; as fol- insert ‘‘$6,000,000’’. ‘‘unmanned’’ on page 107, line 1, and insert lows: the following: ‘‘initial retail sale any un- SA 3595. Mr. LANKFORD submitted manned’’. On page 120, line 1, insert ‘‘, or certified an amendment intended to be proposed commercial operators operating under con- tract with a public entity,’’ after ‘‘systems’’. to amendment SA 3464 submitted by SA 3597. Mr. INHOFE submitted an Mr. THUNE (for himself and Mr. NEL- amendment intended to be proposed to SA 3591. Mr. SESSIONS submitted an SON) to the bill H.R. 636, to amend the amendment SA 3464 submitted by Mr. amendment intended to be proposed to Internal Revenue Code of 1986 to per- THUNE (for himself and Mr. NELSON) to

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.021 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1865 the bill H.R. 636, to amend the Internal tend increased expensing limitations, SEC. ll. RESEARCH PROGRAM ON ALTER- Revenue Code of 1986 to permanently NATIVE JET FUEL TECHNOLOGY and for other purposes; which was or- FOR CIVIL AIRCRAFT. extend increased expensing limita- dered to lie on the table; as follows: Section 911 of the FAA Modernization and tions, and for other purposes; which At the appropriate place, insert the fol- Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44504 note) is amended— was ordered to lie on the table; as fol- lowing: lows: (1) in subsection (a), by striking ‘‘to assist Strike section 3110 and insert the fol- SEC. lll. FACILITATE WATER LEASING AND in’’ and inserting ‘‘with the objective of ac- WATER TRANSFERS TO PROMOTE lowing: celerating’’; CONSERVATION AND EFFICIENCY. (2) in subsection (c)(1)(B), by inserting SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A COVERED AIR (a) IN GENERAL.—Paragraph (12) of section ‘‘and ability to prioritize researchable con- CARRIER. 501(c) of the Internal Revenue Code of 1986 is straints’’ after ‘‘with experience’’; and (a) IN GENERAL.—Not later than one year amended by adding at the end the following (3) by adding at the end the following: after the date of the enactment of this Act, new subparagraph: ‘‘(e) COLLABORATION AND REPORT.— ‘‘(1) COLLABORATION.—The Administrator, the Secretary of Transportation shall pro- ‘‘(I) TREATMENT OF MUTUAL DITCH IRRIGA- in coordination with the Administrator of mulgate regulations that require each cov- TION COMPANIES.— NASA, the Secretary of Energy, and the Sec- ered air carrier to promptly provide a refund ‘‘(i) IN GENERAL.—In the case of a mutual to a passenger, upon request, of any ancil- ditch or irrigation company or of a like orga- retary of Agriculture, shall continue re- lary fees paid by the passenger for a service, nization to a mutual ditch or irrigation com- search and development activities into the as defined and disclosed by the air carrier, pany, subparagraph (A) shall be applied with- development and deployment of jet fuels de- that, except as provided in subsection (b), out taking into account any income received scribed in subsection (a). the passenger does not receive, including on or accrued— ‘‘(2) REPORT.—Not later than 180 days after the passenger’s scheduled flight or, if the ‘‘(I) from the sale, lease, or exchange of fee the date of the enactment of the Federal flight is rescheduled, a subsequent replace- or other interests in real property, including Aviation Administration Reauthorization ment itinerary. interests in water, Act of 2016, the Administrator, in coordina- tion with the Administrator of NASA, the (b) EXCEPTIONS.— ‘‘(II) from the sale or exchange of stock in Secretary of Energy, and the Secretary of (1) VOLUNTARY CHANGES IN ITINERARY.— a mutual ditch or irrigation company (or in Subsection (a) shall not apply if a passenger a like organization to a mutual ditch or irri- Agriculture, and after consultation with the does not receive a service described in that gation company) or contract rights for the heads of other relevant agencies, shall— subsection because the passenger voluntarily delivery or use of water, or ‘‘(A) develop a joint plan to carry out the chose to make changes to the passenger’s ‘‘(III) from the investment of proceeds research described in subsection (a); and flight itinerary. from sales, leases, or exchanges under sub- ‘‘(B) submit to Congress a report on such joint plan.’’. (2) EXTRAORDINARY CIRCUMSTANES.—An air clauses (I) and (II), carrier is not required to provide a refund except that any income received under sub- SA 3601. Mr. MORAN (for himself and under subsection (a) with respect to a fee for clause (I), (II), or (III) which is distributed or a service if the carrier is prevented from pro- Mr. SESSIONS) submitted an amend- expended for expenses (other than for oper- ment intended to be proposed to vide the service by extraordinary cir- ations, maintenance, and capital improve- cumstances that could not have been avoided ments) of the mutual ditch or irrigation amendment SA 3464 submitted by Mr. by the air carrier even if all reasonable company or of the like organization to a mu- THUNE (for himself and Mr. NELSON) to measures had been taken. tual ditch or irrigation company (as the case the bill H.R. 636, to amend the Internal may be) shall be treated as nonmember in- Revenue Code of 1986 to permanently SA 3598. Mr. INHOFE submitted an come in the year in which it is distributed or extend increased expensing limita- amendment intended to be proposed to expended. For purposes of the preceding sen- tions, and for other purposes; which amendment SA 3464 submitted by Mr. tence, expenses (other than for operations, was ordered to lie on the table; as fol- THUNE (for himself and Mr. NELSON) to maintenance, and capital improvements) in- lows: the bill H.R. 636, to amend the Internal clude expenses for the construction of con- On page 171, line 26, strike the period and Revenue Code of 1986 to permanently veyances designed to deliver water outside of insert the following: ‘‘or the acceptance or the system of the mutual ditch or irrigation extend increased expensing limita- validation by the FAA of a certificate or de- company or of the like organization. sign approval of a foreign authority.’’. tions, and for other purposes; which ‘‘(ii) TREATMENT OF ORGANIZATIONAL GOV- was ordered to lie on the table; as fol- ERNANCE.—In the case of a mutual ditch or SA 3602. Mr. MORAN submitted an lows: irrigation company or of a like organization amendment intended to be proposed to Strike section 3109 and insert the fol- to a mutual ditch or irrigation company, amendment SA 3464 submitted by Mr. where State law provides that such a com- lowing: THUNE (for himself and Mr. NELSON) to SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. pany or organization may be organized in a manner that permits voting on a basis which the bill H.R. 636, to amend the Internal (a) IN GENERAL.—Not later than one year Revenue Code of 1986 to permanently after the date of the enactment of this Act, is pro rata to share ownership on corporate governance matters, subparagraph (A) shall extend increased expensing limita- the Secretary of Transportation shall issue tions, and for other purposes; which final regulations to require a covered air car- be applied without taking into account rier to promptly provide a refund to a pas- whether its member shareholders have one was ordered to lie on the table; as fol- senger, upon request, in the amount of any vote on corporate governance matters per lows: applicable ancillary fees paid by the pas- share held in the corporation. Nothing in On page 215, strike lines 1 through 11, and senger if the air carrier has charged the pas- this clause shall be construed to create any insert the following: senger an ancillary fee for checked baggage inference about the requirements of this sub- (3) UNDEVELOPED DEFINED.—For purposes of and, except as provided in subsection (b), the section for companies or organizations not paragraph (1)(F), the term ‘‘undeveloped’’ air carrier fails to deliver the checked bag- included in this clause.’’. means a defined geographic area where the gage to the passenger within 24 hours of the (b) EFFECTIVE DATE.—The amendment Administrator determines low-flying aircraft time of arrival of the passenger at the pas- made by subsection (a) shall apply to taxable are operated on a routine basis, such as low- senger’s destination. years beginning after the date of the enact- lying forested areas with predominate tree (b) EXCEPTION.—An air carrier is not re- ment of this Act. cover under 200 feet and pasture and range quired to provide a refund under subsection land. (a) with respect to checked baggage if the air (4) OTHER DEFINITIONS.—The Administrator carrier is prevented from delivering checked SA 3600. Ms. CANTWELL (for herself shall define such other terms as may be nec- baggage by the time specified in subsection and Mrs. MURRAY) submitted an essary to carry out this section. (a) by extraordinary circumstances that amendment intended to be proposed to (e) DATABASE.—The Administrator shall— could not have been avoided by the air car- amendment SA 3464 submitted by Mr. (1) develop a database that contains the lo- cation and height of each covered tower; rier even if all reasonable measures had been THUNE (for himself and Mr. NELSON) to taken. (2) keep the database current to the extent the bill H.R. 636, to amend the Internal practicable; SA 3599. Mr. CRAPO (for himself and Revenue Code of 1986 to permanently (3) ensure that any proprietary informa- Mr. BENNET) submitted an amendment extend increased expensing limita- tion in the database is protected from disclo- intended to be proposed to amendment tions, and for other purposes; which sure in accordance with law; and (4) ensure that, by virtue of accessing the SA 3464 submitted by Mr. THUNE (for was ordered to lie on the table; as fol- lows: database, users will be deemed to agree and himself and Mr. NELSON) to the bill acknowledge— H.R. 636, to amend the Internal Rev- At the appropriate place, insert the fol- (A) that the information will be used for enue Code of 1986 to permanently ex- lowing: aviation safety purposes only; and

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.022 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1866 CONGRESSIONAL RECORD — SENATE April 11, 2016 (B) not to disclose any such information extend increased expensing limita- himself and Mr. NELSON) to the bill regardless of whether the information is tions, and for other purposes; which H.R. 636, to amend the Internal Rev- marked or labeled as proprietary or with a was ordered to lie on the table; as fol- enue Code of 1986 to permanently ex- similar designation. lows: tend increased expensing limitations, SA 3603. Mr. MORAN submitted an At the end of title V, add the following: and for other purposes; which was or- amendment intended to be proposed to SEC. 5023. HELICOPTER NOISE ABATEMENT. dered to lie on the table; as follows: amendment SA 3464 submitted by Mr. (a) IN GENERAL.—Not later than 3 years On page 324, strike line 21, and all that fol- after the date of the enactment of this Act, lows through page 325, line 3, and insert the THUNE (for himself and Mr. NELSON) to following: the bill H.R. 636, to amend the Internal the Administrator of the Federal Aviation Administration shall issue a final rule set- (c) APPLICATION.—The amendments made Revenue Code of 1986 to permanently ting forth guidelines and regulations relat- by this section shall apply with respect to extend increased expensing limita- ing to stringency standards for Stage 3 noise any employee of the Federal Aviation Ad- tions, and for other purposes; which levels for helicopters that— ministration or the Transportation Security was ordered to lie on the table; as fol- (1) create a requirement to retrofit exist- Administration hired on or after the date lows: ing helicopters to comply with Stage 3 noise that is 1 year after the date of enactment of this Act. On page 257, between lines 12 and 13, insert levels as prescribed in subpart H of part 36 of (d) POLICIES AND PROCEDURES.—Not later the following: title 14, Code of Federal Regulations; and (2) require the retirement of helicopters than 270 days after the date of enactment of SEC. 2606. USE OF GRAPHICS FOR TEMPORARY not in compliance with Stage 3 noise levels this Act, the Administrator of the Federal FLIGHT RESTRICTIONS IN NOTICES Aviation Administration and the Adminis- TO AIRMEN AND USE FOR OPER- by December 31, 2024. ATIONAL PURPOSES. (b) EXEMPTIONS.—Helicopters utilized for trator of the Transportation Security Ad- (a) IN GENERAL.—Not later than 180 days medical purposes or governmental functions ministration shall after the date of the enactment of this Act, (as defined in section 1.1 of title 14, Code of the Administrator of the Federal Aviation Federal Regulations) shall be exempt from SA 3609. Mr. MENENDEZ submitted Administration shall— the guidelines and regulations required by an amendment intended to be proposed (1) incorporate graphics for temporary subsection (a). to amendment SA 3464 submitted by flight restrictions (TFR) into the notices to (c) STAGE 3 NOISE LEVELS DEFINED.—In this Mr. THUNE (for himself and Mr. NEL- airmen (NOTAM) search Internet website; section, the term ‘‘Stage 3 noise level’’ has SON) to the bill H.R. 636, to amend the and the meaning given that term in section 36.1 Internal Revenue Code of 1986 to per- of title 14, Code of Federal Regulations. (2) ensure that such graphics are— manently extend increased expensing (A) available for operational purposes; and limitations, and for other purposes; (B) recognized as an acceptable source of SA 3606. Mr. THUNE submitted an temporary flight restriction data for flight amendment intended to be proposed to which was ordered to lie on the table; planning. amendment SA 3464 submitted by Mr. as follows: (b) TERMINATION OF PREVIOUS INTERNET THUNE (for himself and Mr. NELSON) to At the appropriate place, insert the fol- WEBSITE.—After carrying out subsection the bill H.R. 636, to amend the Internal lowing: (a)(1), the Administrator shall terminate the Revenue Code of 1986 to permanently SEC. lll. SPECIAL RULE FOR CERTAIN FACILI- graphic temporary flight restriction Internet TIES. website of the Administration that was in ef- extend increased expensing limita- (a) IN GENERAL.—Section 45(e) of the Inter- fect on the day before the date of the enact- tions, and for other purposes; which nal Revenue Code of 1986 is amended by add- ment of this Act. was ordered to lie on the table; as fol- ing at the end the following new paragraph: lows: ‘‘(12) SPECIAL RULE FOR CERTAIN QUALIFIED SA 3604. Mr. DAINES submitted an Strike section 2153(a) and insert the fol- FACILITIES.— amendment intended to be proposed to lowing: ‘‘(A) IN GENERAL.—In the case of electricity amendment SA 3464 submitted by Mr. (a) IN GENERAL.—Small unmanned aircraft produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and THUNE (for himself and Mr. NELSON) to systems may use spectrum for wireless con- trol link, tracking, diagnostics, payload placed in service before the date of the en- the bill H.R. 636, to amend the Internal actment of this paragraph, a taxpayer may Revenue Code of 1986 to permanently communication, and collaborative-collision avoidance, such as vehicle-to-vehicle com- elect to apply subsection (a)(2)(A)(ii) by sub- extend increased expensing limita- munication, and other uses, consistent with stituting ‘the period beginning after Decem- tions, and for other purposes; which the Communications Act of 1934 (47 U.S.C. ber 31, 2016, and ending before January 1, was ordered to lie on the table; as fol- 151 et seq.), Federal Communications Com- 2018’ for ‘the 10-year period beginning on the lows: mission rules, and the safety-of-life deter- date the facility was originally placed in service’. On page 270, strike lines 2 through 11 and mination made by the Federal Aviation Ad- ‘‘(B) LIMITATION.—No credit shall be al- insert the following: ministration, and through voluntary com- lowed under subsection (a) to any taxpayer (a) RULEMAKING.— mercial arrangements with service pro- making an election under this paragraph (1) IN GENERAL.—Not later than 1 year after viders, whether they are operating within a the date of enactment of this Act, the Sec- UTM system under section 2138 of this Act or with respect to electricity produced and sold retary of Transportation shall issue final outside such a system. at a facility during any period which, when regulations to require a covered air carrier aggregated with all other periods for which a to promptly provide an automatic refund or SA 3607. Ms. HIRONO (for herself and credit is allowed under this section with re- spect to electricity produced and sold at other compensation to a passenger if the Mr. DAINES) submitted an amendment covered air carrier— intended to be proposed to amendment such facility, is in excess of 10 years.’’. (b) EFFECTIVE DATE.—The amendment (A) has charged the passenger an ancillary SA 3464 submitted by Mr. THUNE (for made by this section shall take effect on fee for checked baggage; and himself and Mr. NELSON) to the bill January 1, 2017. (B) fails to deliver the checked baggage to H.R. 636, to amend the Internal Rev- the passenger not later than 6 hours after SA 3610. Mr. MENENDEZ submitted the arrival of a domestic flight or 12 hours enue Code of 1986 to permanently ex- after the arrival of an international flight. tend increased expensing limitations, an amendment intended to be proposed (2) CHOICE OF COMPENSATION.—The final and for other purposes; which was or- to amendment SA 3464 submitted by regulations issued under paragraph (1) may dered to lie on the table; as follows: Mr. THUNE (for himself and Mr. NEL- allow a passenger to select another form of At the appropriate place, insert the fol- SON) to the bill H.R. 636, to amend the compensation offered by a covered air car- lowing: Internal Revenue Code of 1986 to per- rier in lieu of an automatic refund if the pas- SEC. ll. FEDERAL AVIATION ADMINISTRATION manently extend increased expensing senger is immediately notified that he or she PERSONNEL MANAGEMENT SYSTEM. limitations, and for other purposes; is entitled to a refund, among the options for Section 40122(g)(2)(B) is amended— which was ordered to lie on the table; compensation. (1) by inserting ‘‘3304(f),’’ before ‘‘3308- as follows: 3320’’; and SA 3605. Mrs. GILLIBRAND (for her- Strike section 3103 and insert the fol- (2) by inserting ‘‘3330a, 3330b, 3330c, and lowing: self and Mr. SCHUMER) submitted an 3330d,’’ before ‘‘relating’’. amendment intended to be proposed to SEC. 3103. PROTECTIONS FOR CONSUMERS PUR- CHASING MULTI-CITY ITINERARIES. amendment SA 3464 submitted by Mr. SA 3608. Ms. HIRONO (for herself and (a) REVIEW.—Not later than 1 year after THUNE (for himself and Mr. NELSON) to Mr. DAINES) submitted an amendment the date of enactment of this Act, the Sec- the bill H.R. 636, to amend the Internal intended to be proposed to amendment retary of Transportation shall review wheth- Revenue Code of 1986 to permanently SA 3464 submitted by Mr. THUNE (for er it is an unfair and deceptive practice

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.024 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1867 under section 41712 of title 49, United States amendment intended to be proposed to tive under subparagraph (A), that was ap- Code, for an air carrier to withhold from con- amendment SA 3464 submitted by Mr. proved by the aeronautical safety authority sumers any fare options for a flight based on THUNE (for himself and Mr. NELSON) to of the foreign country that issued the air- whether that flight is booked as an indi- the bill H.R. 636, to amend the Internal worthiness directive; or vidual flight or as part of a multi-city ‘‘(ii) notwithstanding subparagraph (A), itinerary. Revenue Code of 1986 to permanently and at the request of any person affected by (b) REPORT TO CONGRESS.—Not later than extend increased expensing limita- an airworthiness directive under that sub- 90 days after the review under subsection (a) tions, and for other purposes; which paragraph, the Administrator shall consider is complete, the Secretary shall submit to was ordered to lie on the table; as fol- an alternative means of compliance with re- the appropriate committees of Congress a re- lows: spect to the airworthiness directive and may port on the review under subsection (a), in- On page 297, between lines 23 and 24, insert approve such alternative means, if appro- cluding any recommendations resulting from the following: priate. the review. ‘‘(D) LIMITATIONS.—The Administrator (c) ADVISORY COMMITTEE FOR AVIATION (3) utilize available resources of the Fed- may not accept an airworthiness directive CONSUMER PROTECTION.—The Secretary may eral Aviation Administration as needed to issued by an aeronautical safety authority of use the Advisory Committee for Aviation support the development and certification of a foreign country if the airworthiness direc- Consumer Protection, established under sec- Category III Ground-Based Augmentation tion 411 of the FAA Modernization and Re- System (GBAS) capability and complete the tive addresses matters other than those in- form Act of 2012 (Public Law 112–95; 49 U.S.C. investment decision process for Administra- volving the safe operation of an aircraft.’’. tion procurement and operation of GBAS ca- 42301 prec. note), to assist in conducting the Mr. DAINES (for himself review under subsection (a) and providing pability at the key National Airspace Sys- SA 3614. recommendations under subsection (b). tem airports, as per the recommendations of and Ms. MURKOWSKI) submitted an SEC. 3104. ADDITIONAL CONSUMER PROTEC- the Performance-Based Airspace Aviation amendment intended to be proposed to TIONS. Rulemaking Committee. amendment SA 3464 submitted by Mr. Not later than 180 days after the date that THUNE (for himself and Mr. NELSON) to the reviews under sections 3101, 3102, and 3103 SA 3613. Mr. ISAKSON submitted an the bill H.R. 636, to amend the Internal amendment intended to be proposed to of this Act are complete, the Secretary of Revenue Code of 1986 to permanently Transportation shall issue a supplemental amendment SA 3464 submitted by Mr. extend increased expensing limita- notice of proposed rulemaking to its notice THUNE (for himself and Mr. NELSON) to tions, and for other purposes; which of proposed rulemaking published in the Fed- the bill H.R. 636, to amend the Internal was ordered to lie on the table; as fol- eral Register on May 23, 2014 (DOT–OST–2014– Revenue Code of 1986 to permanently 0056) (relating to the transparency of airline lows: extend increased expensing limita- ancillary fees and other consumer protection At the appropriate place, insert the fol- issues) to consider the following: tions, and for other purposes; which lowing: (1) Requiring an air carrier to provide noti- was ordered to lie on the table; as fol- SEC. llll. EXTENSION OF CREDITS FOR ELEC- fication and refunds or other consideration lows: TRICITY PRODUCED FROM QUALI- to a consumer who is impacted by delays or Beginning on page 178, strike line 13, and FIED HYDROPOWER AND MARINE cancellations when an air carrier has a all that follows through page 180, line 15, and AND HYDROKINETIC RENEWABLE choice as to which flights to cancel or delay insert the following: ENERGY. (a) QUALIFIED HYDROPOWER FACILITIES.— during a weather-related event. ‘‘(A) ACCEPTANCE.—Subject to subpara- (2) Requiring an air carrier to provide noti- graph (D), the Administrator may accept an (1) IN GENERAL.—Clause (ii) of section fication and refunds or other consideration airworthiness directive (as defined in section 45(d)(9)(A) of the Internal Revenue Code of to a consumer who is impacted by involun- 39.3 of title 14, Code of Federal Regulations) 1986 is amended by striking ‘‘January 1, 2017’’ tary changes to the consumer’s itinerary. issued by an aeronautical safety authority of and inserting ‘‘January 1, 2020’’. (3) Requiring an air carrier to advertise to a foreign country, and leverage that aero- (2) CONFORMING AMENDMENT.—Subpara- consumers all fare options for a flight, re- nautical safety authority’s regulatory proc- graph (C) of section 45(d)(9) of such Code is gardless of whether that flight is booked as ess, if— amended by striking ‘‘January 1, 2017’’ and an individual flight or multi-city itinerary. ‘‘(i) the country is the state of design for inserting ‘‘January 1, 2020’’. (b) MARINE AND HYDROKINETIC RENEWABLE the product that is the subject of the air- ENERGY.—Subparagraph (B) of section SA 3611. Mr. GARDNER submitted an worthiness directive; 45(d)(11) of the Internal Revenue Code of 1986 amendment intended to be proposed to ‘‘(ii) the United States has a bilateral safe- is amended by striking ‘‘January 1, 2017’’ and amendment SA 3464 submitted by Mr. ty agreement relating to aircraft certifi- inserting ‘‘January 1, 2020’’. HUNE ELSON cation with the country; T (for himself and Mr. N ) to (c) ELECTION TO TREAT QUALIFIED FACILI- ‘‘(iii) as part of the bilateral safety agree- the bill H.R. 636, to amend the Internal TIES AS ENERGY PROPERTY.—Clause (ii) of Revenue Code of 1986 to permanently ment with the country, the Administrator section 48(a)(5)(C) of the Internal Revenue extend increased expensing limita- has determined that the aeronautical safety Code of 1986 is amended by inserting ‘‘, (9), or tions, and for other purposes; which authority has an aircraft certification sys- (11)’’ after ‘‘paragraph (1)’’. tem relating to safety that produces a level (d) EFFECTIVE DATE.—The amendments was ordered to lie on the table; as fol- of safety equivalent to the level produced by lows: made by this section shall apply to property the system of the Federal Aviation Adminis- placed in service after December 31, 2016. At the appropriate place, insert the fol- tration; lowing: ‘‘(iv) the aeronautical safety authority uti- SA 3615. Mr. MORAN (for himself and llll SEC. . PILOT PROGRAM ON FINANCIAL AS- lizes an open and transparent public notice Mr. COONS) submitted an amendment SISTANCE FOR AIRPORTS TO IM- and comment process, including considering intended to be proposed to amendment PROVE PHYSICAL LAYOUT OF comments from owners and operators of for- SCREENING OPERATIONS. eign-registered aircraft and other aero- SA 3464 submitted by Mr. THUNE (for (a) IN GENERAL.—The Administrator of the nautical products and appliances in the himself and Mr. NELSON) to the bill Transportation Security Administration issuance of airworthiness directives; and H.R. 636, to amend the Internal Rev- shall establish a pilot program to assess the ‘‘(v) the airworthiness directive addresses a enue Code of 1986 to permanently ex- feasibility and advisability of providing fi- specific issue necessary for the safe oper- nancial assistance to airports to improve the tend increased expensing limitations, ation of aircraft subject to the directive. physical layout of screening operations to and for other purposes; which was or- ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— improve security at airports. dered to lie on the table; as follows: Notwithstanding subparagraph (A), the Ad- (b) FINANCIAL ASSISTANCE.—The Adminis- At the appropriate place, insert the fol- ministrator may issue a Federal Aviation trator may provide financial assistance lowing: under subsection (a) in the form of long-term Administration airworthiness directive in- stead of accepting the airworthiness direc- SEC. llll. EXTENSION OF PUBLICLY TRADED funding obligations through letters of intent PARTNERSHIP OWNERSHIP STRUC- or such other instruments as the Adminis- tive issued by the aeronautical safety au- TURE TO ENERGY POWER GENERA- trator considers appropriate. thority of a foreign country if the Adminis- TION PROJECTS, TRANSPORTATION (c) COMPLETION OF PILOT PROGRAM.—The trator determines that such issuance is nec- FUELS, AND RELATED ENERGY AC- Administrator shall complete the pilot pro- essary for safety or operational reasons due TIVITIES. gram before December 31, 2019. to the complexity or unique features of the (a) IN GENERAL.—Subparagraph (E) of sec- (d) AUTHORIZATION OF APPROPRIATIONS.— Federal Aviation Administration airworthi- tion 7704(d)(1) of the Internal Revenue Code There is authorized to be appropriated to the ness directive or the United States aviation of 1986 is amended— Administrator such sums as may be nec- system. (1) by striking ‘‘income and gains derived essary to carry out this section. ‘‘(C) ALTERNATIVE MEANS OF COMPLIANCE.— from the exploration’’ and inserting ‘‘income The Administrator may— and gains derived from the following: SA 3612. Mr. ISAKSON (for himself ‘‘(i) accept an alternative means of compli- ‘‘(i) MINERALS, NATURAL RESOURCES, ETC.— and Ms. KLOBUCHAR) submitted an ance, with respect to an airworthiness direc- The exploration’’,

VerDate Sep 11 2014 08:08 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.025 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1868 CONGRESSIONAL RECORD — SENATE April 11, 2016 (2) by inserting ‘‘or’’ before ‘‘industrial cent or more of the qualified carbon dioxide of Agriculture, shall establish a program to source’’, (as defined in section 45Q(b)) of such facility consider applications from taxpayers for the (3) by inserting a period after ‘‘carbon di- and disposes of such captured qualified car- listing of chemicals under section oxide’’, and bon dioxide in secure geological storage (as 7874(d)(6)(A)(vi)(II) (as added by paragraph (4) by striking ‘‘, or the transportation or determined under section 45Q(d)(2)), and (1)). storage’’ and all that follows and inserting ‘‘(bb) in the case of a power generation fa- (c) EFFECTIVE DATE.—The amendments the following: cility or power generation unit placed in made by this section shall take effect on the ‘‘(ii) RENEWABLE ENERGY.—The generation service before January 9, 2013, captures 30 date of the enactment of this Act, in taxable of electric power (including the leasing of percent or more of the qualified carbon diox- years ending after such date. tangible personal property used for such gen- ide (as defined in section 45Q(b)) of such fa- eration) exclusively utilizing any resource cility and disposes of such captured qualified SA 3616. Mr. HATCH (for himself, Mr. described in section 45(c)(1) or energy prop- carbon dioxide in secure geological storage COATS, and Mr. CARDIN) submitted an erty described in section 48 (determined (as determined under section 45Q(d)(2)). amendment intended to be proposed by without regard to any termination date), or ‘‘(II) OTHER FACILITIES.—The sale of any him to the bill H.R. 636, to amend the in the case of a facility described in para- good or service from any facility (other than Internal Revenue Code of 1986 to per- graph (3) or (7) of section 45(d) (determined a power generation facility) which is a quali- manently extend increased expensing without regard to any placed in service date fied facility described in section 45Q(c) and limitations, and for other purposes; or date by which construction of the facility the captured qualified carbon dioxide (as so is required to begin), the accepting or proc- defined) of which is disposed of in secure geo- which was ordered to lie on the table; essing of such resource. logical storage (as determined under section as follows: ‘‘(iii) ELECTRICITY STORAGE DEVICES.—The 45Q(d)(2)).’’. At the appropriate place, insert the fol- receipt and sale of electric power that has (b) RENEWABLE CHEMICAL.— lowing: been stored in a device directly connected to (1) IN GENERAL.—Section 7704(d) of such SEC. llll. NOTICE REQUIRED BEFORE REV- the grid. Code is amended by adding at the end the OCATION OF TAX EXEMPT STATUS FOR FAILURE TO FILE RETURN. ‘‘(iv) COMBINED HEAT AND POWER.—The gen- following new paragraph: eration, storage, or distribution of thermal ‘‘(6) QUALIFYING RENEWABLE CHEMICAL.— (a) IN GENERAL.—Section 6033(j) of the In- energy exclusively utilizing property de- ‘‘(A) IN GENERAL.—The term ‘qualifying re- ternal Revenue Code of 1986 is amended by scribed in section 48(c)(3) (determined with- newable chemical’ means any renewable redesignating paragraphs (2) and (3) as para- out regard to subparagraphs (B) and (D) chemical (as defined in section 9001 of the graphs (3) and (4), respectively, and by in- thereof and without regard to any placed in Agriculture Act of 2014)— serting after paragraph (1) the following new service date). ‘‘(i) which is produced by the taxpayer in paragraph: ‘‘(2) REQUIREMENT OF NOTICE.— ‘‘(v) RENEWABLE THERMAL ENERGY.—The the United States or in a territory or posses- generation, storage, or distribution of ther- sion of the United States, ‘‘(A) IN GENERAL.—Not later than 270 days mal energy exclusively using any resource ‘‘(ii) which is the product of, or reliant after the date an organization described in described in section 45(c)(1) or energy prop- upon, biological conversion, thermal conver- paragraph (1) fails to file the annual return erty described in clause (i) or (iii) of section sion, or a combination of biological and ther- or notice referenced in paragraph (1) for 2 48(a)(3)(A). mal conversion, of renewable biomass (as de- consecutive years, the Secretary shall notify the organization— ‘‘(vi) WASTE HEAT TO POWER.—The use of re- fined in section 9001(13) of the Farm Security coverable waste energy, as defined in section and Rural Investment Act of 2002), ‘‘(i) that the Internal Revenue Service has 371(5) of the Energy Policy and Conservation ‘‘(iii) the biobased content of which is 95 no record of such a return or notice from Act (42 U.S.C. 6341(5)) (as in effect on the percent or higher, such organization for 2 consecutive years, date of the enactment of the Federal Avia- ‘‘(iv) which is sold or used by the tax- and tion Administration Reauthorization Act of payer— ‘‘(ii) about the penalty that will occur 2016). ‘‘(I) for the production of chemical prod- under this subsection if the organization fails to file such a return or notice by the ‘‘(vii) RENEWABLE FUEL INFRASTRUCTURE.— ucts, polymers, plastics, or formulated prod- The storage or transportation of any fuel de- ucts, or date of the next filing deadline. scribed in subsection (b), (c), (d), or (e) of ‘‘(II) as chemicals, polymers, plastics, or The notification under the preceding sen- section 6426. formulated products, tence shall include information about how to comply with the filing requirements under ‘‘(viii) RENEWABLE FUELS.—The production, ‘‘(v) which is not sold or used for the pro- storage, or transportation of any renewable duction of any food, feed, or fuel, and subsection (a)(1) and (i).’’. (b) REINSTATEMENT WITHOUT APPLICA- fuel described in section 211(o)(1)(J) of the ‘‘(vi) which is— TION.—Paragraph (3) of section 6033(j) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in ‘‘(I) acetic acid, acrylic acid, acyl glu- Internal Revenue Code of 1986, as redesig- tamate, adipic acid, algae oils, algae sugars, effect on the date of the enactment of the nated under subsection (a), is amended— 1,4-butanediol (BDO), iso-butanol, n-butanol, Federal Aviation Administration Reauthor- (1) by striking ‘‘Any organization’’ and in- ization Act of 2016) or section 40A(d)(1). C10 and higher hydrocarbons produced from serting the following: ‘‘(ix) RENEWABLE CHEMICALS.—The produc- olefin metathesis, carboxylic acids produced ‘‘(A) IN GENERAL.—Except as provided in tion, storage, or transportation of any quali- from olefin metathesis, cellulosic sugar, subparagraph (B), any organization’’, and fying renewable chemical (as defined in para- diethyl methylene malonate, dodecanedioic (2) by adding at the end the following new graph (6)). acid (DDDA), esters produced from olefin subparagraph: ‘‘(x) ENERGY EFFICIENT BUILDINGS.—The metathesis, ethyl acetate, ethylene glycol, ‘‘(B) RETROACTIVE REINSTATEMENT WITHOUT audit and installation through contract or farnesene, 2,5-furandicarboxylic acid, APPLICATION IF ACTUAL NOTICE NOT PRO- other agreement of any energy efficient gamma-butyrolactone, glucaric acid, VIDED.—If an organization described in para- building property described in section hexamethylenediamine (HMD), 3-hydroxy graph (1)— 179D(c)(1). propionic acid, isoprene, itaconic acid, lev- ‘‘(i) demonstrates to the satisfaction of the ‘‘(xi) GASIFICATION WITH SEQUESTRATION.— ulinic acid, polyhydroxyalkonate (PHA), Secretary that the organization did not re- The production of any product or the genera- polylactic acid (PLA), polyethylene ceive the notice required under paragraph tion of electric power from a project that furanoate (PEF), polyethylene terephthalate (2), and meets the requirements of subparagraphs (A) (PET), polyitaconic acid, polyols from vege- ‘‘(ii) files an annual return or notice ref- and (B) of section 48B(c)(1) and that sepa- table oils, poly(xylitan levulinate ketal), 1,3- erenced in paragraph (1) for the current year, rates and sequesters in secure geological propanediol, 1,2-propanediol, rhamnolipids, then the Secretary may reinstate the organi- storage (as determined under section succinic acid, terephthalic acid, or p-Xylene, zation’s exempt status effective from the 45Q(d)(2)) at least 75 percent of such project’s or date of the revocation under paragraph (1) total qualified carbon dioxide (as defined in ‘‘(II) any chemical not described in clause without the need for an application.’’. section 45Q(b)). (i) which is a chemical listed by the Sec- (c) EFFECTIVE DATE.—The amendments ‘‘(xii) CARBON CAPTURE AND SEQUESTRA- retary for purposes of this paragraph. made by this section shall apply to notices TION.— ‘‘(B) BIOBASED CONTENT.—For purposes of and returns required to be filed after Decem- ‘‘(I) POWER GENERATION FACILITIES.—The subparagraph (A)(iii), the term ‘biobased ber 31, 2015. generation or storage of electric power (in- content percentage’ means, with respect to cluding associated income from the sale or any renewable chemical, the biobased con- SA 3617. Mr. HATCH (for himself, Mr. marketing of energy, capacity, resource ade- tent of such chemical (expressed as a per- ROBERTS, Mr. CASEY, and Mr. MORAN) quacy, and ancillary services) produced from centage) determined by testing representa- submitted an amendment intended to any power generation facility which is, or tive samples using the American Society for be proposed by him to the bill H.R. 636, from any power generation unit within, a Testing and Materials (ASTM) D6866.’’. to amend the Internal Revenue Code of qualified facility described in section 45Q(c) (2) LIST OF OTHER QUALIFYING RENEWABLE which— CHEMICALS.—Not later than 180 days after the 1986 to permanently extend increased ‘‘(aa) in the case of a power generation fa- date of the enactment of this Act, the Sec- expensing limitations, and for other cility or power generation unit placed in retary of the Treasury (or the Secretary’s purposes; which was ordered to lie on service after January 8, 2013, captures 50 per- delegate), in consultation with the Secretary the table; as follows:

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.026 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1869 At the appropriate place, insert the fol- 1986 is amended by striking ‘‘or’’ at the end ‘‘(B) all the private foundation’s ownership lowing: of clause (vi), by striking the comma at the interests in the business enterprise were ac- SEC. llll. CREDIT FOR STATE LICENSURE end of clause (vii) and inserting ‘‘, or’’, and quired under the terms of a will or trust AND CERTIFICATION COSTS OF MILI- by inserting after clause (vii) the following upon the death of the testator or settlor, as TARY SPOUSES ARISING BY REASON new clause: the case may be. OF A PERMANENT CHANGE IN THE ‘‘(viii) waste heat to power property,’’. ‘‘(3) ALL PROFITS TO CHARITY.— DUTY STATION OF THE MEMBER OF (b) WASTE HEAT TO POWER PROPERTY.— ‘‘(A) IN GENERAL.—The all profits to char- THE ARMED FORCES TO ANOTHER Subsection (c) of section 48 of the Internal STATE. ity requirement of this paragraph is met if Revenue Code of 1986 is amended by adding the business enterprise, not later than 120 (a) IN GENERAL.—Subpart A of part IV of at the end the following new paragraph: subchapter A of chapter 1 of the Internal days after the close of the taxable year, dis- ‘‘(5) WASTE HEAT TO POWER PROPERTY.— tributes an amount equal to its net oper- Revenue Code of 1986 is amended by inserting ‘‘(A) IN GENERAL.—The term ‘waste heat to after section 25D the following new section: ating income for such taxable year to the power property’ means property— private foundation. ‘‘SEC. 25E. STATE LICENSURE AND CERTIFI- ‘‘(i) comprising a system which generates ET OPERATING INCOME CATION COSTS OF MILITARY ‘‘(B) N .—For purposes electricity through the recovery of a quali- of this paragraph, the net operating income SPOUSE ARISING FROM TRANSFER fied waste heat resource, and OF MEMBER OF ARMED FORCES TO of any business enterprise for any taxable ANOTHER STATE. ‘‘(ii) which is placed in service before Janu- year is an amount equal to the gross income ary 1, 2018. ‘‘(a) IN GENERAL.—In the case of an eligible of the business enterprise for the taxable ‘‘(B) QUALIFIED WASTE HEAT RESOURCE.— individual, there shall be allowed as a credit year, reduced by the sum of— The term ‘qualified waste heat resource’ against the tax imposed by this chapter for ‘‘(i) the deductions allowed by chapter 1 for means— the taxable year an amount equal to the the taxable year which are directly con- ‘‘(i) exhaust heat or flared gas from an in- qualified relicensing costs of such individual nected with the production of such income, dustrial process that does not have, as its which are paid or incurred by the taxpayer ‘‘(ii) the tax imposed by chapter 1 on the primary purpose, the production of elec- during the taxable year. business enterprise for the taxable year, and tricity, and ‘‘(b) MAXIMUM CREDIT.—The credit allowed ‘‘(iii) an amount for a reasonable reserve ‘‘(ii) a pressure drop in any gas for an in- by this section with respect to each change for working capital and other business needs dustrial or commercial process. of duty station shall not exceed $500. of the business enterprise. ‘‘(C) LIMITATIONS.— ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(4) INDEPENDENT OPERATION.—The inde- ‘‘(i) IN GENERAL.—For purposes of sub- tion— pendent operation requirements of this para- section (a)(1), the basis of any waste heat to ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- graph are met if, at all times during the tax- power property taken into account under ble individual’ means any individual— this section shall not exceed the excess of— able year— ‘‘(A) who is married to a member of the ‘‘(I) the basis of such property, over ‘‘(A) no substantial contributor (as defined Armed Forces of the United States at the ‘‘(II) the fair market value of comparable in section 4958(c)(3)(C)) to the private foun- time that the member moves to another property which does not have the capacity to dation, or family member of such a contrib- State under a permanent change of station capture and convert a qualified waste heat utor (determined under section 4958(f)(4)), is order, and resource to electricity. a director, officer, trustee, manager, em- ‘‘(B) who moves to such other State with ‘‘(ii) CAPACITY LIMITATION.—The term ployee, or contractor of the business enter- such member. ‘waste heat to power property’ shall not in- prise (or an individual having powers or re- ‘‘(2) QUALIFIED RELICENSING COSTS.—The clude any property comprising a system if sponsibilities similar to any of the fore- term ‘qualified relicensing costs’ means such system has a capacity in excess of 50 going), costs— megawatts.’’. ‘‘(B) at least a majority of the board of di- ‘‘(A) which are for a license or certification (c) EFFECTIVE DATE.—The amendments rectors of the private foundation are individ- required by the State referred to in para- made by this section shall apply to periods uals other than individuals who are either— graph (1) to engage in the profession that after the date of the enactment of this Act, ‘‘(i) directors or officers of the business en- such individual engaged in while within the in taxable years ending after such date, terprise, or State from which the individual moved, and under rules similar to the rules of section ‘‘(ii) members of the family (determined ‘‘(B) which are paid or incurred during the 48(m) of the Internal Revenue Code of 1986 under section 4958(f)(4)) of a substantial con- period beginning on the date that the orders (as in effect on the day before the date of the tributor (as defined in section 4958(c)(3)(C)) referred to in paragraph (1)(A) are issued and enactment of the Revenue Reconciliation to the private foundation, and ending on the date which is 1 year after the Act of 1990). ‘‘(C) there is no loan outstanding from the reporting date specified in such orders. business enterprise to a substantial contrib- ‘‘(d) DENIAL OF DOUBLE BENEFIT.—The SA 3619. Mr. HATCH (for himself, Mr. utor (as so defined) to the private foundation amount of any deduction or other credit al- THUNE, and Mr. MENENDEZ) submitted or a family member of such contributor (as lowable under this chapter for any expense an amendment intended to be proposed so determined). taken into account in determining the credit by him to the bill H.R. 636, to amend ‘‘(5) CERTAIN DEEMED PRIVATE FOUNDATIONS allowed under this section shall be reduced the Internal Revenue Code of 1986 to EXCLUDED.—This subsection shall not apply by the amount of the credit under this sec- permanently extend increased expens- to— tion.’’. ing limitations, and for other purposes; ‘‘(A) any fund or organization treated as a (b) CLERICAL AMENDMENT.—The table of private foundation for purposes of this sec- sections for such subpart A is amended by in- which was ordered to lie on the table; tion by reason of subsection (e) or (f), serting after the item relating to section 25D as follows: ‘‘(B) any trust described in section the following new item: At the appropriate place, insert the fol- 4947(a)(1) (relating to charitable trusts), and ‘‘Sec. 25E. State licensure and certification lowing: ‘‘(C) any trust described in section costs of military spouse arising SEC. llll. EXCEPTION FROM PRIVATE FOUN- 4947(a)(2) (relating to split-interest trusts).’’. from transfer of member of DATION EXCESS BUSINESS HOLDING (b) EFFECTIVE DATE.—The amendments TAX FOR CERTAIN PHILANTHROPIC made by this section shall apply to taxable Armed Forces to another BUSINESS HOLDINGS. State.’’. years beginning after December 31, 2015. (a) IN GENERAL.—Section 4943 of the Inter- (c) EFFECTIVE DATE.—The amendments nal Revenue Code of 1986 is amended by add- made by this section shall apply to taxable ing at the end the following new subsection: SA 3620. Mr. BOOKER submitted an years beginning after December 31, 2015. ‘‘(g) EXCEPTION FOR CERTAIN PHILAN- amendment intended to be proposed to THROPIC BUSINESS HOLDINGS.— amendment SA 3464 submitted by Mr. SA 3618. Mr. HATCH (for himself, Mr. ‘‘(1) IN GENERAL.—Subsection (a) shall not THUNE (for himself and Mr. NELSON) to HELLER, and Mr. CARPER) submitted an apply with respect to the holdings of a pri- the bill H.R. 636, to amend the Internal amendment intended to be proposed by vate foundation in any business enterprise Revenue Code of 1986 to permanently him to the bill H.R. 636, to amend the which for the taxable year meets— extend increased expensing limita- Internal Revenue Code of 1986 to per- ‘‘(A) the exclusive ownership requirements of paragraph (2), tions, and for other purposes; as fol- manently extend increased expensing lows: limitations, and for other purposes; ‘‘(B) the all profits to charity requirement of paragraph (3), and At the end of subtitle B of title I, add the which was ordered to lie on the table; ‘‘(C) the independent operation require- following: as follows: ments of paragraph (4). SEC. 1226. DEFINITION OF SMALL BUSINESS CON- At the appropriate place, insert the fol- ‘‘(2) EXCLUSIVE OWNERSHIP.—The exclusive CERN. lowing: ownership requirements of this paragraph Section 47113(a)(1) is amended to read as SEC. llll. INVESTMENT CREDIT FOR WASTE are met if— follows: HEAT TO POWER PROPERTY. ‘‘(A) all ownership interests in the business ‘‘(1) ‘small business concern’— (a) IN GENERAL.—Subparagraph (A) of sec- enterprise are held by the private foundation ‘‘(A) except as provided in subparagraph tion 48(a)(3) of the Internal Revenue Code of at all times during the taxable year, and (B), has the same meaning given that term

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.026 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1870 CONGRESSIONAL RECORD — SENATE April 11, 2016 in section 3 of the Small Business Act (15 modating the needs of traveling families and amendment SA 3464 submitted by Mr. U.S.C. 632); and pregnant women; and THUNE (for himself and Mr. NELSON) to ‘‘(B) in the case of a concern in the con- (2) to develop recommendations for im- the bill H.R. 636, to amend the Internal struction industry, a concern shall be consid- proving air travel for families and pregnant Revenue Code of 1986 to permanently ered a small business concern if the concern women. extend increased expensing limita- meets the size standard for the North Amer- (b) CONSIDERATIONS.—In carrying out the ican Industry Classification System Code requirements under subsection (a), the work- tions, and for other purposes; as fol- 237310, as adjusted by the Small Business ing group shall— lows: Administration;’’. (1) review current air carrier, security At the end of subtitle A of title II, add the screening, and airport policies and practices following: SA 3621. Mr. NELSON submitted an for accommodating families and pregnant PART IV—OPERATOR SAFETY amendment intended to be proposed to women; SEC. 2161. SHORT TITLE. amendment SA 3464 submitted by Mr. (2) identify best practices and innovations This part may be cited as the ‘‘Drone Oper- THUNE (for himself and Mr. NELSON) to for easing travel for families with children ator Safety Act’’. the bill H.R. 636, to amend the Internal or older adults and pregnant women; SEC. 2162. FINDINGS; SENSE OF CONGRESS. (3) propose improvements to security Revenue Code of 1986 to permanently (a) FINDING.—Congress finds that educating extend increased expensing limita- screening procedures that minimize the in- operators of unmanned aircraft about the stances requiring parents to be separated laws and regulations that govern such air- tions, and for other purposes; as fol- from their children; lows: craft helps to ensure their safe operation. (4) suggest accommodations and changes (b) SENSE OF CONGRESS.—It is the sense of At the appropriate place, insert the fol- that should be made in airports for pregnant Congress that the Administrator of the Fed- lowing: passengers and pregnant workers, such as ac- eral Aviation Administration should con- SEC. llll. SECURING AIRCRAFT AVIONICS cess to clean nursing rooms; tinue to prioritize the education of operators SYSTEMS. (5) suggest accommodations and changes of unmanned aircraft through public out- (a) IN GENERAL.—The Administrator of the that should be made in airports for new par- reach efforts like the ‘‘Know Before You Federal Aviation Administration shall con- ents traveling with young children, includ- Fly’’ campaign. sider revising Federal Aviation Administra- ing play areas for children; SEC. 2163. UNSAFE OPERATION OF UNMANNED tion regulations regarding airworthiness cer- (6) recommend improvements for on-board- AIRCRAFT. tification— ing and off-boarding for pregnant women and (a) IN GENERAL.—Chapter 2 of title 18, (1) to address cybersecurity for avionics families traveling with children or older United States Code, is amended— systems, including software components; and adults, including advance boarding, and to (1) in section 31— (2) to require that aircraft avionics sys- ensure that families travel together in the (A) in subsection (a)— tems used for flight guidance or aircraft con- aircraft cabin, to the extent possible; (i) by redesignating paragraph (10) as para- trol be secured against unauthorized access (7) identify initiatives for ensuring all rel- graph (11); and via passenger in-flight entertainment sys- evant stakeholders, including airport opera- (ii) by inserting after paragraph (9) the fol- tems through such means as the Adminis- tors and air carriers, have the latest infor- lowing: trator determines appropriate to protect the mation regarding the effect of air transpor- ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un- avionics systems from unauthorized external tation on the health needs of pregnant manned aircraft’ has the meaning given such and internal access. women and young children; and term in section 44801 of title 49.’’; and (b) CONSIDERATION.—The Administrator’s (8) consider such other issues as the work- (B) in subsection (b), by inserting ‘‘ ‘air- consideration and any action taken under ing group considers appropriate for improv- port’,’’ before ‘‘ ‘appliance’ ’’; and subsection (a) shall be in accordance with ing the overall travel experience for families (2) by inserting after section 39A the fol- the recommendations of the Aircraft Sys- and pregnant women. lowing: tems Information Security Protection Work- (c) MEMBERSHIP.—Members of the working ing Group under section 5029(d) of this Act. ‘‘§ 39B. Unsafe operation of unmanned air- group shall be appointed by the Adminis- craft On page 354, between lines 16 and 17, insert trator and shall include representatives of— ‘‘(a) OFFENSE.—Any person who operates the following: (1) the Department of Transportation; an unmanned aircraft and, in so doing, (3) IN-FLIGHT ENTERTAINMENT SYSTEMS RE- (2) the Federal Aviation Administration; knowingly or recklessly interferes with, or VIEW.—As part of its review under subpara- (3) the Administration for Children and disrupts the operation of, an aircraft car- graphs (A) and (B) of paragraph (2), the Families of the Department of Health and rying 1 or more occupants operating in the working group shall review the cybersecu- Human Services; special aircraft jurisdiction of the United rity risks of in-flight entertainment systems (4) the Transportation Security Adminis- States, in a manner that poses an imminent to consider whether such systems can and tration; safety hazard to such occupants, shall be should be isolated and separate from systems (5) other relevant agencies; punished as provided in subsection (b). required for safe flight and operations, in- (6) nongovernmental organizations that ‘‘(b) PENALTY.— cluding reviewing standards for air gaps or represent women and families caring for ‘‘(1) IN GENERAL.—Except as provided in other means determined appropriate. children or older adults; On page 354, line 17, strike ‘‘(3)’’ and insert paragraph (2), the punishment for an offense (7) consumer advocacy groups; ‘‘(4)’’. under subsection (a) shall be a fine under (8) airports or organizations that represent On page 354, line 23, strike ‘‘(4)’’ and insert this title, imprisonment for not more than 1 airports; and ‘‘(5)’’. year, or both. (9) air carriers. On page 355, line 9, strike ‘‘(5)’’ and insert ‘‘(2) SERIOUS BODILY INJURY OR DEATH.— ‘‘(6)’’. (d) REPORT AND RECOMMENDATIONS.—Not Any person who attempts to cause, or know- later than one year after the date of the en- ingly or recklessly causes, serious bodily in- SA 3622. Mr. BENNET submitted an actment of this Act, the Secretary and the jury or death during the commission of an amendment intended to be proposed to Administrator shall submit to the appro- offense under subsection (a) shall be fined amendment SA 3464 submitted by Mr. priate committees of Congress, and release under this title, imprisoned for any term of on a publicly accessible website, a report years or for life, or both. THUNE (for himself and Mr. NELSON) to that includes— the bill H.R. 636, to amend the Internal ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN (1) an overview of the working group’s find- CLOSE PROXIMITY TO AIRPORTS.— Revenue Code of 1986 to permanently ings; ‘‘(1) IN GENERAL.—The operation of an un- extend increased expensing limita- (2) a description of the working group’s manned aircraft within a runway exclusion tions, and for other purposes; which recommendations for airport operators and zone shall be considered a violation of sub- was ordered to lie on the table; as fol- air carriers; and section (a) unless such operation is approved lows: (3) any policy recommendations for im- by the airport’s air traffic control facility or proving air travel for families and pregnant On page 45, after line 20, add the following: is the result of a circumstance, such as a women. SEC. 1223. PUBLIC-PRIVATE WORKING GROUP ON malfunction, that could not have been rea- (e) APPLICABILITY OF THE FEDERAL ADVI- IMPROVING AIR TRAVEL FOR FAMI- sonably foreseen or prevented by the oper- LIES. SORY COMMITTEE ACT.—The Federal Advisory ator. (a) IN GENERAL.—Not later than 120 days Committee Act (5 U.S.C. App.) shall not ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In after the date of the enactment of this Act, apply to the working group. this subsection, the term ‘runway exclusion the Secretary of Transportation and the Ad- (f) TERMINATION.—The working group shall zone’ means a rectangular area— ministrator of the Federal Aviation Admin- terminate on the date that is 2 years after ‘‘(A) centered on the centerline of an ac- istration shall establish a public-private the date of the enactment of this Act. tive runway of an airport immediately working group (in this section referred to as around which the airspace is designated as the ‘‘working group’’)— SA 3623. Mr. WHITEHOUSE (for him- class B, class C, or class D airspace at the (1) to examine current policies and prac- self and Mr. INHOFE) submitted an surface under part 71 of title 14, Code of Fed- tices of airports and air carriers for accom- amendment intended to be proposed to eral Regulations; and

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.028 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1871 ‘‘(B) the length of which extends parallel the bill H.R. 636, to amend the Internal THUNE (for himself and Mr. NELSON) to to the runway’s centerline to points that are Revenue Code of 1986 to permanently the bill H.R. 636, to amend the Internal 1 statute mile from each end of the runway extend increased expensing limita- Revenue Code of 1986 to permanently 1 and the width of which is ⁄2 statute mile.’’. tions, and for other purposes; which extend increased expensing limita- (b) CLERICAL AMENDMENT.—The table of tions, and for other purposes; which sections for chapter 2 of title 18, United was ordered to lie on the table; as fol- States Code, is amended by inserting after lows: was ordered to lie on the table; as fol- the item relating to section 39A the fol- On page 149, line 8, strike ‘‘an inspection or lows: lowing: other investigation’’ and insert ‘‘an accident At the end of title V, add the following: ‘‘39B. Unsafe operation of unmanned air- finding, inspection, or other investigation’’. SEC. 5032. REDUCTION OF ENERGY CONSUMP- craft.’’. On page 150, line 17, strike ‘‘an inspection TION, EMISSIONS, AND NOISE FROM CIVILIAN AIRCRAFT. or other investigation’’ and insert ‘‘an acci- (a) ESTABLISHMENT OF RESEARCH PRO- dent finding, inspection, or other investiga- SA 3624. Mr. SCHATZ (for himself GRAM.—From amounts made available under and Mr. HEINRICH) submitted an tion’’. section 48102(a) of title 49, United States amendment intended to be proposed to Code, the Administrator of the Federal Avia- amendment SA 3464 submitted by Mr. SA 3626. Mr. KAINE submitted an tion Administration shall establish a re- amendment intended to be proposed to THUNE (for himself and Mr. NELSON) to search program related to reducing civilian the bill H.R. 636, to amend the Internal amendment SA 3464 submitted by Mr. aircraft energy use, emissions, and source THUNE (for himself and Mr. NELSON) to noise with equivalent safety through grants Revenue Code of 1986 to permanently or other measures, which shall include cost- extend increased expensing limita- the bill H.R. 636, to amend the Internal Revenue Code of 1986 to permanently sharing authorized under section 106(l)(6) of tions, and for other purposes; which such title, including reimbursable agree- was ordered to lie on the table; as fol- extend increased expensing limita- ments with other Federal agencies. lows: tions, and for other purposes; which (b) ESTABLISHMENT OF CONSORTIUM.— was ordered to lie on the table; as fol- (1) DESIGNATION AS CONSORTIUM.—The Ad- At the appropriate place, insert the fol- ministrator shall designate, using a competi- lowing: lows: tive process, one or more institutions or en- SEC. llll. ENERGY CREDIT FOR BATTERY On page 222, line 9, insert ‘‘, aviation safety engineers,’’ after ‘‘specialists’’. tities described in paragraph (2), to be known STORAGE TECHNOLOGY. as a ‘‘Government led Consortium for Con- (a) IN GENERAL.—Subclause (II) of section tinuous Lower Energy, Emissions, and 48(a)(2)(A)(i) of the Internal Revenue Code of SA 3627. Mr. NELSON submitted an amendment intended to be proposed by Noise’’ or ‘‘CLEEN’’, to perform research in 1986 is amended by striking ‘‘paragraph accordance with this section. (3)(A)(i)’’ and inserting ‘‘clause (i) or (viii) of him to the bill H.R. 636, to amend the (2) PARTICIPATION.—The Administrator paragraph (3)(A)’’. Internal Revenue Code of 1986 to per- shall include educational and research insti- (b) BATTERY STORAGE TECHNOLOGY.—Sub- manently extend increased expensing tutions or private sector entities that have paragraph (A) of section 48(a)(3) of the Inter- limitations, and for other purposes; existing facilities and experience for devel- nal Revenue Code of 1986 is amended by which was ordered to lie on the table; oping and testing noise, emissions, and en- striking ‘‘or’’ at the end of clause (vi), by as follows: ergy reduction engine and aircraft tech- adding ‘‘or’’ at the end of clause (vii), and by nology, and developing alternative fuels, in adding at the end the following new clause: At the appropriate place, insert the fol- the research program required by subsection ‘‘(viii) battery storage technology,’’. lowing: (a) to fulfill the performance objectives spec- (c) PHASEOUT OF CREDIT.—Paragraph (6) of SEC. llll. SECURING AIRCRAFT AVIONICS ified in subsection (c). SYSTEMS. section 48(a) of the Internal Revenue Code of (3) COORDINATION MECHANISMS.—In con- 1986 is amended— (a) IN GENERAL.—The Administrator of the ducting the research program required by (1) by striking ‘‘SOLAR’’ in the heading and Federal Aviation Administration shall con- subsection (a), the consortium designated inserting ‘‘CERTAIN’’, and sider revising Federal Aviation Administra- under paragraph (1) shall— (2) by striking ‘‘paragraph (3)(A)(i)’’ both tion regulations regarding airworthiness cer- (A) coordinate its activities with the De- places it appears and inserting ‘‘clause (i) or tification— partment of Agriculture, the Department of (viii) of paragraph (3)(A)’’. (1) to address cybersecurity for avionics Defense, the Department of Energy, the Na- (d) EFFECTIVE DATE.—The amendments systems, including software components; and tional Aeronautics and Space Administra- made by this section shall apply to property (2) to require that aircraft avionics sys- tion, and other relevant Federal agencies; placed in service after December 31, 2015. tems used for flight guidance or aircraft con- and SEC. llll. RESIDENTIAL ENERGY EFFICIENT trol be secured against unauthorized access (B) consult on a regular basis with the PROPERTY CREDIT FOR BATTERY via passenger in-flight entertainment sys- Commercial Aviation Alternative Fuels Ini- STORAGE TECHNOLOGY. tems through such means as the Adminis- tiative. (a) IN GENERAL.—Subsection (a) of section trator determines appropriate to protect the (c) PERFORMANCE OBJECTIVES.—Not later 25D of the Internal Revenue Code of 1986 is avionics systems from unauthorized external than January 1, 2021, the Administrator shall amended by striking ‘‘and’’ at the end of and internal access. seek to ensure that the research program re- paragraph (4), by striking the period at the (b) CONSIDERATION.—The Administrator’s quired subsection (a) supports the following end of paragraph (5) and inserting ‘‘, and’’, consideration and any action taken under objectives for civil subsonic airplanes: and by adding at the end the following new subsection (a) shall be in accordance with (1) Certifiable aircraft technology that re- paragraph: the recommendations of the Aircraft Sys- duces aircraft fuel burn 40 percent relative to ‘‘(6) 30 percent of the qualified battery tems Information Security Protection Work- year 2000 best-in-class in-service aircraft. storage technology expenditures made by the ing Group under section 5029(d) of this Act. (2) Certifiable engine technology that re- taxpayer during such year.’’. On page 354, between lines 16 and 17, insert duces landing and takeoff cycle nitrogen (b) QUALIFIED BATTERY STORAGE TECH- the following: oxide emissions by 70 percent over the Inter- NOLOGY EXPENDITURE.—Subsection (d) of sec- (3) IN-FLIGHT ENTERTAINMENT SYSTEMS RE- national Civil Aviation Organization stand- tion 25D of the Internal Revenue Code of 1986 VIEW.—As part of its review under subpara- ard adopted in 2011. is amended by adding at the end the fol- graphs (A) and (B) of paragraph (2), the (3) Certifiable aircraft technology that re- lowing new paragraph: working group shall review the cybersecu- duces noise levels by 32 decibels cumula- ‘‘(6) QUALIFIED BATTERY STORAGE TECH- rity risks of in-flight entertainment systems tively, relative to the Stage 4 standard, or NOLOGY EXPENDITURE.—The term ‘qualified to consider whether such systems can and reduces the noise contour area in absolute battery storage technology expenditure’ should be isolated and separate from systems terms. means an expenditure for battery storage required for safe flight and operations, in- (4) The feasibility of use of drop-in alter- technology installed on or in connection cluding reviewing standards for air gaps or native jet fuels in aircraft and engine sys- with a dwelling unit located in the United other means determined appropriate. tems, including successful demonstration States and used as a residence by the tax- On page 354, line 17, strike ‘‘(3)’’ and insert and quantification of benefits, advancement payer.’’. ‘‘(4)’’. of fuel testing capability, and support for (c) EFFECTIVE DATE.—The amendments On page 354, line 23, strike ‘‘(4)’’ and insert fuel evaluation. (d) CERTIFIABLE DEFINED.—In this section, made by this section shall apply to expendi- ‘‘(5)’’. the term ‘‘certifiable’’ means the technology tures paid or incurred in taxable years begin- On page 355, line 9, strike ‘‘(5)’’ and insert has been demonstrated to Technology Readi- ning after December 31, 2015. ‘‘(6)’’. ness Level 6 or 7, and there are no foreseen issues that would prevent certification to ex- SA 3625. Mr. KAINE submitted an SA 3628. Mrs. MURRAY (for herself isting standards. amendment intended to be proposed to and Ms. CANTWELL) submitted an amendment SA 3464 submitted by Mr. amendment intended to be proposed to SA 3629. Mrs. MURRAY (for herself THUNE (for himself and Mr. NELSON) to amendment SA 3464 submitted by Mr. and Ms. CANTWELL) submitted an

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THUNE (for himself and Mr. NELSON) to Section 911 of the FAA Modernization and Mr. NELSON) to the bill H.R. 636, to the bill H.R. 636, to amend the Internal Reform Act of 2012 (Public Law 112–95; 49 amend the Internal Revenue Code of Revenue Code of 1986 to permanently U.S.C. 44504 note) is amended— 1986 to permanently extend increased extend increased expensing limita- (1) in subsection (a), by striking ‘‘to assist expensing limitations, and for other tions, and for other purposes; which in’’ and inserting ‘‘with the objective of ac- purposes; which was ordered to lie on was ordered to lie on the table; as fol- celerating’’; the table; as follows: (2) in subsection (c)(1)(B), by inserting lows: At the end of title II, add the following: At the end of title V, add the following: ‘‘and ability to prioritize researchable con- straints’’ after ‘‘with experience’’; and Subtitle G—Arm All Pilots Act SEC. 5032. REDUCTION OF ENERGY CONSUMP- SEC. 2701. SHORT TITLE. TION, EMISSIONS, AND NOISE FROM (3) by adding at the end the following: CIVILIAN AIRCRAFT. ‘‘(e) COLLABORATION AND REPORT.— This subtitle may be cited as the ‘‘Arm All (a) ESTABLISHMENT OF RESEARCH PRO- ‘‘(1) COLLABORATION.—The Administrator, Pilots Act of 2016’’. GRAM.—From amounts made available under in coordination with the Administrator of SEC. 2702. FACILITATION OF AND LIMITATIONS section 48102(a) of title 49, United States NASA, the Secretary of Energy, and the Sec- ON TRAINING OF FEDERAL FLIGHT Code, the Administrator of the Federal Avia- retary of Agriculture, shall continue re- DECK OFFICERS. tion Administration shall establish a re- search and development activities into the (a) IMPROVED ACCESS TO TRAINING FACILI- search program related to reducing civilian development and deployment of jet fuels de- TIES.—Section 44921(c)(2)(C)(ii) is amended— aircraft energy use, emissions, and source scribed in subsection (a). (1) by striking ‘‘The training of’’ and in- noise with equivalent safety through grants ‘‘(2) REPORT.—Not later than 180 days after serting the following: or other measures, which shall include cost- the date of the enactment of the Federal ‘‘(I) IN GENERAL.—The training of’’; and sharing authorized under section 106(l)(6) of Aviation Administration Reauthorization (2) by adding at the end the following: such title, including reimbursable agree- Act of 2016, the Administrator, in coordina- ‘‘(II) ACCESS TO TRAINING FACILITIES.—Not ments with other Federal agencies. tion with the Administrator of NASA, the later than 180 days after the date of the en- (b) ESTABLISHMENT OF CONSORTIUM.— Secretary of Energy, and the Secretary of actment of the Arm All Pilots Act of 2016, (1) DESIGNATION AS CONSORTIUM.—The Ad- Agriculture, and after consultation with the the Secretary shall— ministrator shall designate, using a competi- heads of other relevant agencies, shall— ‘‘(aa) designate 5 additional firearms train- tive process, one or more institutions or en- ‘‘(A) develop a joint plan to carry out the ing facilities located in various regions of tities described in paragraph (2), to be known research described in subsection (a); and the United States for Federal flight deck of- as a ‘‘Government led Consortium for Con- ‘‘(B) submit to Congress a report on such ficers relative to the number of such facili- tinuous Lower Energy, Emissions, and joint plan.’’. ties available on the day before such date of Noise’’ or ‘‘CLEEN’’, to perform research in enactment; accordance with this section. SA 3630. Ms. HIRONO (for herself, Ms. ‘‘(bb) designate firearms training facilities (2) PARTICIPATION.—The Administrator MURKOWSKI, Mr. SCHATZ, and Mr. SUL- approved before such date of enactment for recurrent training of Federal flight deck of- shall include educational and research insti- LIVAN) submitted an amendment in- ficers as facilities approved for initial train- tutions or private sector entities that have tended to be proposed to amendment existing facilities and experience for devel- ing and certification of pilots seeking to be oping and testing noise, emissions, and en- SA 3464 submitted by Mr. THUNE (for deputized as Federal flight deck officers; and ergy reduction engine and aircraft tech- himself and Mr. NELSON) to the bill ‘‘(cc) designate additional firearms train- nology, and developing alternative fuels, in H.R. 636, to amend the Internal Rev- ing facilities for recurrent training of Fed- the research program required by subsection enue Code of 1986 to permanently ex- eral flight deck officers relative to the num- (a) to fulfill the performance objectives spec- tend increased expensing limitations, ber of such facilities available on the day be- ified in subsection (c). and for other purposes; which was or- fore such date of enactment.’’. (b) FIREARMS REQUALIFICATION FOR FED- (3) COORDINATION MECHANISMS.—In con- dered to lie on the table; as follows: ducting the research program required by ERAL FLIGHT DECK OFFICERS.—Section At the appropriate place, insert the fol- subsection (a), the consortium designated 44921(c)(2)(C)(iii) is amended— lowing: under paragraph (1) shall— (1) by striking ‘‘The Under Secretary (A) coordinate its activities with the De- SEC. ll. EXCEPTIONS TO RESTRUCTURING OF shall’’ and inserting the following: partment of Agriculture, the Department of PASSENGER FEE. ‘‘(I) IN GENERAL.—The Secretary shall’’; Defense, the Department of Energy, the Na- (a) IN GENERAL.—Section 44940(c) of title (2) in subclause (I), as designated by para- tional Aeronautics and Space Administra- 49, United States Code, is amended— graph (1), by striking ‘‘the Under Secretary’’ tion, and other relevant Federal agencies; (1) in paragraph (1), by striking ‘‘Fees im- and inserting ‘‘the Secretary, but not more and posed’’ and inserting ‘‘Except as provided in frequently than once every 6 months,’’; and (B) consult on a regular basis with the paragraph (2), fees imposed’’; (3) by adding at the end the following: Commercial Aviation Alternative Fuels Ini- (2) by redesignating paragraph (2) as para- ‘‘(II) USE OF FACILITIES FOR REQUALIFICA- tiative. graph (3); and TION.—The Secretary shall allow a Federal (c) PERFORMANCE OBJECTIVES.—Not later (3) by inserting after paragraph (1) the fol- flight deck officer to requalify to carry a than January 1, 2021, the Administrator shall lowing: firearm under the program through training seek to ensure that the research program re- ‘‘(2) EXCEPTIONS.—Fees imposed under sub- at a private or government-owned gun range quired subsection (a) supports the following section (a)(1) may not exceed $2.50 per certified to provide firearm requalification objectives for civil subsonic airplanes: enplanement, and the total amount of such training. (1) Certifiable aircraft technology that re- fees may not exceed $5.00 per one-way trip, ‘‘(III) SELF-REPORTING.—The Secretary duces aircraft fuel burn 40 percent relative to for passengers— shall determine that a Federal flight deck year 2000 best-in-class in-service aircraft. ‘‘(A) boarding to an eligible place under officer has met the requirements to requalify (2) Certifiable engine technology that re- subchapter II of chapter 417 for which essen- to carry a firearm under the program if— duces landing and takeoff cycle nitrogen tial air service compensation is paid under ‘‘(aa) the officer reports to the Secretary oxide emissions by 70 percent over the Inter- that subchapter; or that the officer has participated in a suffi- national Civil Aviation Organization stand- ‘‘(B) on flights, including flight segments, cient number of hours of training to re- ard adopted in 2011. between 2 or more points in Hawaii or 2 or qualify to carry a firearm under the pro- (3) Certifiable aircraft technology that re- more points in Alaska.’’. gram; and duces noise levels by 32 decibels cumula- (b) IMPLEMENTATION OF FEE EXCEPTIONS.— ‘‘(bb) the administrator of the facility at tively, relative to the Stage 4 standard, or The Secretary of Homeland Security shall which the officer conducted the requalifica- reduces the noise contour area in absolute implement the fee exceptions under the tion training verifies that the officer partici- terms. amendments made by subsection (a)— pated in that number of hours of training.’’. (4) The feasibility of use of drop-in alter- (1) beginning on the date that is 30 days (c) LIMITATIONS ON TRAINING.—Section native jet fuels in aircraft and engine sys- after the date of the enactment of this Act; 44921(c)(2) is amended by adding at the end tems, including successful demonstration and the following: and quantification of benefits, advancement (2) through the publication of notice of the ‘‘(D) LIMITATIONS ON TRAINING.— of fuel testing capability, and support for fee exceptions in the Federal Register, not- ‘‘(i) INITIAL TRAINING.—The Secretary may fuel evaluation. withstanding section 9701 of title 31, United require— (d) CERTIFIABLE DEFINED.—In this section, States Code, and the procedural require- ‘‘(I) initial training of not more than 5 the term ‘‘certifiable’’ means the technology ments of section 553 of title 5, United States days for a pilot to be deputized as a Federal has been demonstrated to Technology Readi- Code. flight deck officer; ness Level 6 or 7, and there are no foreseen ‘‘(II) the pilot to be physically present at issues that would prevent certification to ex- SA 3631. Mr. THUNE (for Mr. PAUL) the training facility for not more than 2 days isting standards. submitted an amendment intended to of such training; and

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‘‘(III) not more than 3 days of such training ‘‘(B) CONSISTENCY WITH FEDERAL AIR MAR- as the ‘Known Crew Member program’) when to be in the form of certified online training SHAL PROGRAM.—The Secretary shall work to entering the sterile area of an airport. administered by the Department of Home- make policies relating to the carriage of fire- ‘‘(2) PROHIBITION ON PAPERWORK.—The Sec- land Security. arms on flights in foreign air transportation retary may not require a Federal flight deck ‘‘(ii) RECURRENT TRAINING.—The Secretary by Federal flight deck officers consistent officer to fill out any forms or paperwork may require— with the policies of the Federal air marshal when entering the sterile area of an airport. ‘‘(I) recurrent training of not more than 2 program for carrying firearms on such ‘‘(3) STERILE AREA DEFINED.—In this sub- days, not more frequently than once every 5 flights not withstanding Annex 17 (ICAO section, the term ‘sterile area’ has the mean- years, for a pilot to maintain deputization as Annex 17 standard 4.7.7.)’’. ing given that term in section 1540.5 of title a Federal flight deck officer; (c) CARRIAGE OF FIREARM IN PASSENGER 49, Code of Federal Regulations (or any cor- ‘‘(II) the pilot to be physically present at CABIN.— responding similar regulation or ruling).’’. the training facility for a full-day training (1) RULE OF CONSTRUCTION.—Section 44921 is SEC. 2707. TECHNICAL CORRECTIONS. session for not more than one day of such amended by adding at the end the following: Section 44921, as amended by this subtitle, training; and ‘‘(l) RULE OF CONSTRUCTION.—Nothing in is further amended— ‘‘(III) not more than one day of such train- this section shall be construed to require a (1) in subsection (a), by striking ‘‘Under ing to be in the form of certified online Federal flight deck officer to place a firearm Secretary of Transportation for Security’’ training administered by the Department of in a locked container, or in any other man- and inserting ‘‘Secretary of Homeland Secu- Homeland Security.’’. ner render the firearm unavailable, when the rity’’; (d) OTHER MEASURES TO FACILITATE TRAIN- cockpit door is opened.’’. (2) in subsection (d)(4), by striking ‘‘may,’’ ING.—Section 44921(e) is amended— (2) CONFORMING REPEAL.—Section and inserting ‘‘may’’; (1) by striking ‘‘Pilots participating’’ and 44921(b)(3) is amended— (3) in subsection (i)(2), by striking ‘‘the inserting the following: (A) by striking subparagraph (G); and Under Secretary may’’ and inserting ‘‘may’’; ‘‘(1) IN GENERAL.—Pilots participating’’; (B) by redesignating subparagraphs (H) (4) in subsection (k)— and through (N) as subparagraphs (G) through (A) by striking paragraphs (2) and (3); and (2) by adding at the end the following: (M), respectively. (B) by striking ‘‘APPLICABILITY’’ and all ‘‘(2) FACILITATION OF TRAINING.— (d) REGULATIONS.—Not later than 180 days that follows through ‘‘This section’’ and in- ‘‘(A) TIME OFF FOR TRAINING.—An air car- after the date of the enactment of this Act, serting ‘‘APPLICABILITY.—This section’’; rier shall permit a Federal flight deck officer the Administrator of the Transportation Se- (5) by adding at the end the following: or a pilot seeking to be deputized as a Fed- curity Administration shall— ‘‘(n) DEFINITIONS.—In this section: eral flight deck officer, in consultation with (1) prescribe regulations on the proper ‘‘(1) PILOT.—The term ‘pilot’ means an in- the air carrier, to take a reasonable amount storage of firearms when a Federal flight dividual who has final authority and respon- of leave from work to participate in initial deck officer is at home or where the officer sibility for the operation and safety of the and recurrent training for the program. An is residing when traveling; and flight or any other flight deck crew member. air carrier shall not be obligated to provide (2) revise the procedural requirements es- ‘‘(2) ALL-CARGO AIR TRANSPORTATION.—The such an officer or pilot compensation for tablished under section 44921(b)(1) of title 49, term ‘air transportation’ includes all-cargo such leave. United States Code, to implement the air transportation.’’; and ‘‘(B) PRACTICE AMMUNITION.—At the request amendments made by subsection (c). (6) by striking ‘‘Under Secretary’’ each of a Federal flight deck officer, the Sec- SEC. 2704. PHYSICAL STANDARDS FOR FEDERAL place it appears and inserting ‘‘Secretary’’. retary shall provide to the officer sufficient FLIGHT DECK OFFICERS. practice ammunition to conduct at least one SEC. 2708. REFUNDS OF CERTAIN SECURITY Section 44921(d)(2) is amended— SERVICE FEES FOR AIR CARRIERS practice course every month.’’. (1) by redesignating subparagraphs (A), (B), WITH FEDERAL FLIGHT DECK OFFI- SEC. 2703. CARRIAGE OF FIREARMS BY FEDERAL and (C) as clauses (i), (ii), and (iii), respec- CERS ON ALL FLIGHTS. FLIGHT DECK OFFICERS. tively, and by moving such clauses, as so re- Section 44940 is amended by adding at the (a) GENERAL AUTHORITY.—Section 44921(f) designated, 2 ems to the right; end the following: is amended— (2) by striking ‘‘A pilot is’’ and inserting ‘‘(j) REFUND OF FEES FOR AIR CARRIERS (1) by redesignating paragraphs (2) and (3) the following: WITH FEDERAL FLIGHT DECK OFFICERS ON ALL as paragraphs (4) and (5), respectively; and ‘‘(A) IN GENERAL.—A pilot is’’; and FLIGHTS.—From fees received in a fiscal year (2) by striking paragraph (1) and inserting (3) by adding at the end the following: under subsection (a)(1), each air carrier that the following: ‘‘(B) CONSISTENCY WITH REQUIREMENTS FOR certifies to the Secretary of Homeland Secu- ‘‘(1) IN GENERAL.—The Secretary shall au- CERTAIN MEDICAL CERTIFICATES.—In estab- rity that all flights operated by the air car- thorize a Federal flight deck officer to carry lishing standards under subparagraph (A)(ii), rier have on board a pilot deputized as a Fed- a firearm while engaged in providing intra- the Secretary may not establish medical or eral flight deck officer under section 44921 state air transportation. The authority pro- physical standards for a pilot to become a shall receive an amount equal to 10 percent vided to a Federal flight deck officer under Federal flight deck officer that are incon- of the fees collected under subsection (a)(1) this paragraph includes the authority to sistent with or more stringent than the re- from passengers on flights operated by that carry a firearm— quirements of the Federal Aviation Adminis- air carrier in that fiscal year.’’. ‘‘(A) on the officer’s body, loaded, and tration for the issuance of a first- or second- SEC. 2709. TREATMENT OF INFORMATION ABOUT holstered; class airman medical certificate under part FEDERAL FLIGHT DECK OFFICERS ‘‘(B) when traveling to a flight duty assign- 67 of title 14, Code of Federal Regulations (or AS SENSITIVE SECURITY INFORMA- ment, throughout the duty assignment, and any corresponding similar regulation or rul- TION. when traveling from a flight duty assign- ing).’’. Not later than 180 days after the date of the enactment of this Act, the Secretary of ment to the officer’s home or place where SEC. 2705. TRANSFER OF FEDERAL FLIGHT DECK the officer is residing when traveling; and OFFICERS FROM INACTIVE TO AC- Homeland Security shall revise section ‘‘(C) in the passenger cabin and while trav- TIVE STATUS. 15.5(b)(11) of title 49, Code of Federal Regula- eling in a cockpit jump seat. Section 44921(d) is amended by adding at tions, to classify information about pilots ‘‘(2) CONCEALED CARRY.—A Federal flight the end the following: deputized as Federal flight deck officers deck officer shall make reasonable efforts to ‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE under section 44921 of title 49, United States keep the officer’s firearm concealed when in STATUS.—A pilot deputized as a Federal Code, as sensitive security information in a public. flight deck officer who moves to inactive manner consistent with the classification of ‘‘(3) PURCHASE OF FIREARM BY OFFICER.— status for less than 5 years may return to ac- information about Federal air marshals. Notwithstanding subsection (c)(1), a Federal tive status after completing one program of SEC. 2710. REGULATIONS. flight deck officer may purchase a firearm recurrent training described in subsection Not later than 180 days after the date of and carry that firearm aboard an aircraft of (c).’’. the enactment of this Act, the Secretary of which the officer is the pilot in accordance SEC. 2706. FACILITATION OF SECURITY SCREEN- Homeland Security shall prescribe such reg- with this section if the firearm is of a type ING OF FEDERAL FLIGHT DECK OF- ulations as may be necessary to carry out that may be used under the program.’’. FICERS. this Act and the amendments made by this (b) CARRIAGE OF FIREARMS ON INTER- Section 44921, as amended by section Act. NATIONAL FLIGHTS.—Paragraph (5) of section 2703(c)(1), is further amended by adding at 44921(f), as redesignated by subsection (a)(1), the end the following: SA 3632. Mrs. MURRAY (for herself is amended to read as follows: ‘‘(m) FACILITATION OF SECURITY SCREENING and Ms. CANTWELL) submitted an ‘‘(5) CARRYING FIREARMS OUTSIDE UNITED OF FEDERAL FLIGHT DECK OFFICERS.— amendment intended to be proposed to STATES.— ‘‘(1) ELIGIBILITY FOR EXPEDITED SCREEN- amendment SA 3464 submitted by Mr. ‘‘(A) IN GENERAL.—In consultation with the ING.—The Administrator of the Transpor- THUNE (for himself and Mr. NELSON) to Secretary of State, the Secretary may take tation Security Administration shall allow a such action as may be necessary to ensure Federal flight deck officer to be screened the bill H.R. 636, to amend the Internal that a Federal flight deck officer may carry through the crew member identity Revenue Code of 1986 to permanently a firearm in a foreign country whenever nec- verification program of the Transportation extend increased expensing limita- essary to participate in the program. Security Administration (commonly known tions, and for other purposes; which

VerDate Sep 11 2014 08:32 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.048 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1874 CONGRESSIONAL RECORD — SENATE April 11, 2016 was ordered to lie on the table; as fol- port in any 6-month period declines more special permit not later than 10 days after lows: than 5 percent compared to the same 6- the date of receipt of the draft special permit At the appropriate place, insert the fol- month period during the preceding calendar from the Pipeline and Hazardous Materials lowing: year. Safety Administration. (D) NOTIFICATION TO CONGRESS.—The Ad- (B) DEFINITION OF MEDICAL DEVICE.—In this SEC. ll. PROMOTION OF EXIT LANE BREACH CONTROL TECHNOLOGY. ministrator shall notify the appropriate paragraph, the term ‘‘medical device’’ has committees of Congress, the Committee on the meaning given the term ‘‘device’’ in sec- (a) DEFINITIONS.—In this section: Homeland Security and Governmental Af- tion 201 of the Federal Food, Drug, and Cos- (1) ADMINISTRATION.—The term ‘‘Adminis- tration’’ means the Transportation Security fairs of the Senate, and the Committee on metic Act (21 U.S.C. 321). Administration. Homeland Security of the House of Rep- (4) SAVINGS CLAUSE.—Nothing in this sec- resentatives not less than 45 days prior to tion shall be construed as expanding or con- (2) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the Ad- making an allocation authorized under sub- stricting any other authority the Secretary ministration. paragraph (C). of Transportation has under section 828 of (d) RESPONSIBILITY FOR MONITORING PAS- the FAA Modernization and Reform Act of (3) EXIT LANE BREACH CONTROL TECH- SENGER EXIT POINTS.—If an airport is eligible 2012 (49 U.S.C. 44701 note). NOLOGY.—The term ‘‘exit lane breach control technology’’ refers to any automated sys- for the Administrator to reallocate employ- tem, or series of systems, designed to mon- ees under subsection (c)(1), the Adminis- SA 3634. Mr. NELSON submitted an itor exit points from an airport sterile area. trator shall have met the responsibility of amendment intended to be proposed to the Administration to monitor passenger (4) STERILE AREA.—The term ‘‘sterile area’’ amendment SA 3464 submitted by Mr. has the meaning given that term in section exit points required by subsection (n) of sec- THUNE (for himself and Mr. NELSON) to 1540.5 of title 49, Code of Federal Regulations tion 44903 of title 49, United States Code. the bill H.R. 636, to amend the Internal (or any corresponding similar regulation or Mr. NELSON (for himself Revenue Code of 1986 to permanently ruling) SA 3633. and Mr. COATS) submitted an amend- extend increased expensing limita- (b) STANDARDS AND REQUIREMENTS.— tions, and for other purposes; which (1) INITIAL REQUIREMENT.—Not later than ment intended to be proposed to 120 days after the date of the enactment of amendment SA 3464 submitted by Mr. was ordered to lie on the table; as fol- this Act, the Administrator shall develop THUNE (for himself and Mr. NELSON) to lows: standards and requirements for the use of the bill H.R. 636, to amend the Internal Strike section 5013. exit lane breach control technology at air- Revenue Code of 1986 to permanently ports. extend increased expensing limita- SA 3635. Mr. BOOZMAN (for himself, (2) QUALIFIED PRODUCT LIST.—The Adminis- Mr. WARNER, and Mr. BENNET) sub- trator shall establish, publically post, and tions, and for other purposes; as fol- lows: mitted an amendment intended to be maintain a qualified product list of exit land proposed to amendment SA 3464 sub- breach control technology that shall in- Beginning on page 204, strike line 21 and mitted by Mr. THUNE (for himself and cludes all previously-approved systems. all that follows through page 206, line 9, and (c) BENEFITS FOR AIRPORTS USING EXIT insert the following: Mr. NELSON) to the bill H.R. 636, to LANE BREACH CONTROL TECHNOLOGY.— (a) RESTRICTIONS ON TRANSPORTATION OF amend the Internal Revenue Code of (1) ELIGIBILITY FOR BENEFITS.—If an airport LITHIUM BATTERIES ON AIRCRAFT.— 1986 to permanently extend increased deploys, on a nonreimbursable basis, exit (1) ADOPTION OF ICAO INSTRUCTIONS.— expensing limitations, and for other lane breach control technology that satisfies (A) IN GENERAL.—Pursuant to section 828 of purposes; which was ordered to lie on the standards and requirements developed the FAA Modernization and Reform Act of the table; as follows: under subsection (b) and the deployment re- 2012 (49 U.S.C. 44701 note), not later than 90 At the appropriate place, insert the fol- sults in the need for fewer employees of the days after the date of enactment of this Act, lowing: Administration to monitor exit points from the Secretary of the Department of Trans- an airport sterile area, the airport’s Federal portation shall conform United States regu- TITLE l—VETERANS TAX FAIRNESS security director may reallocate such em- lations on the air transport of lithium ion SEC. ll01. SHORT TITLE. ployees to other transportation security mis- cells and batteries with the lithium cells and This title may be cited as the ‘‘Combat-In- sions, including passenger screening, within battery requirements in the 2015–2016 edition jured Veterans Tax Fairness Act of 2016’’. that airport if the Administrator certifies of the International Civil Aviation Organiza- SEC. ll02. FINDINGS. that the reallocation will not negatively im- tion’s (referred to in this subsection as Congress makes the following findings: pact the security of that airport. ‘‘ICAO’’) Technical Instructions (to include (1) Approximately 10,000 to 11,000 individ- (2) NO LOSS OF ADMINISTRATION EMPLOY- all addenda) including the revised standards uals are retired from service in the Armed EES.— adopted by ICAO which became effective on Forces for medical reasons each year. (A) IN GENERAL.—The Administrator may April 1, 2016. (2) Some of such individuals are separated not decrease, under the Staffing Allocation (B) FURTHER PROCEEDINGS.—Beginning on from service in the Armed Forces for com- Model, any successor allocation process, or the date the revised regulations under sub- bat-related injuries (as defined in section any other circumstances, the number of em- paragraph (A) are published in the Federal 104(b)(3) of the Internal Revenue Code of ployees of the Administration assigned to an Register, any lithium cell and battery rule- 1986). airport that deploys, on a nonreimbursable making action or update commenced on or (3) Congress has recognized the tremendous basis, exit lane breach control technology after that date shall continue to comply personal sacrifice of veterans with combat- that satisfies the standards and require- with the requirements under section 828 of related injuries by, among other things, spe- ments developed under subsection (b) on the the FAA Modernization and Reform Act of cifically excluding from taxable income sev- basis that the deployment results in the need 2012 (49 U.S.C. 44701 note). erance pay received for combat-related inju- for fewer such employees to provide security (2) REVIEW OF OTHER REGULATIONS.—Pursu- ries. for sterile areas of the airport. ant to section 828 of the FAA Modernization (4) Since 1991, the Secretary of Defense has (B) MINIMUM STAFFING LEVELS.—Subject to and Reform Act of 2012 (49 U.S.C. 44701 note), improperly withheld taxes from severance subparagraph (C), if an airport is eligible for the Secretary of Transportation may initiate pay for wounded veterans, thus denying the Administrator to reallocate employees a review of other existing regulations regard- them their due compensation and a signifi- under paragraph (1), the Administrator— ing the air transportation, including pas- cant benefit intended by Congress. (i) shall determine the minimum number senger-carrying and cargo aircraft, of lith- (5) Many veterans owed redress are beyond of full-time equivalent employees of the Ad- ium batteries and cells. the statutory period to file an amended tax ministration required for that airport prior (3) MEDICAL DEVICE BATTERIES.— return because they were not or are not to the deployment of the exit lane breach (A) IN GENERAL.—For United States appli- aware that taxes were improperly withheld. control technology; and cants, the Secretary of Transportation shall SEC. ll03. RESTORATION OF AMOUNTS IMPROP- (ii) may not allocate a number of employ- consider and either grant or deny, within 45 ERLY WITHHELD FOR TAX PUR- ees of the Administration for that airport for days, applications submitted in compliance POSES FROM SEVERANCE PAY- any year that is less than such minimum with part 107 of title 49, Code of Federal Reg- MENTS TO VETERANS WITH COM- number. ulations for special permits or approvals for BAT-RELATED INJURIES. (C) WAIVER OF MINIMUM STAFFING LEVELS.— air transportation of lithium ion cells or bat- (a) IN GENERAL.—Not later than one year If the Administrator has determined a min- teries specifically used by medical devices. after the date of the enactment of this Act, imum number of full-time equivalent em- Not later than 30 days after the date of appli- the Secretary of Defense shall— ployees of the Administration required for cation, the Pipeline and Hazardous Materials (1) identify— an airport under subparagraph (B)(i), the Ad- Safety Administration shall provide a draft (A) the severance payments— ministrator may only allocate a number of special permit based on the application to (i) that the Secretary paid after January employees of the Administration for that the Federal Aviation Administration. The 17, 1991; airport that is less than such minimum num- Federal Aviation Administration shall con- (ii) that the Secretary computed under sec- ber if the total passenger count for that air- duct an on-site inspection for issuance of the tion 1212 of title 10, United States Code;

VerDate Sep 11 2014 07:29 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.048 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 11, 2016 CONGRESSIONAL RECORD — SENATE S1875 (iii) that were not considered gross income extend increased expensing limita- amendment SA 3464 submitted by Mr. pursuant to section 104(a)(4) of the Internal tions, and for other purposes; which THUNE (for himself and Mr. NELSON) to Revenue Code of 1986; and was ordered to lie on the table; as fol- the bill H.R. 636, to amend the Internal (iv) from which the Secretary withheld lows: Revenue Code of 1986 to permanently amounts for tax purposes; and (B) the individuals to whom such severance At the end of title V, add the following: extend increased expensing limita- payments were made; and SEC. 5032. LIABILITY PROTECTION FOR VOLUN- tions, and for other purposes; which TEER PILOTS WHO FLY FOR THE was ordered to lie on the table; as fol- (2) with respect to each person identified PUBLIC BENEFIT. under paragraph (1)(B), provide— (a) FINDINGS AND PURPOSES.— lows: (A) notice of— (1) FINDINGS.—Congress finds the following: At the appropriate place, insert the fol- (i) the amount of severance payments in (A) Many volunteer pilots fly for the public lowing: paragraph (1)(A) which were improperly benefit for nonprofit organizations and pro- SEC. lll. EXTENSION OF INDIAN COAL PRO- withheld for tax purposes; and vide valuable services to communities and DUCTION TAX CREDIT. (ii) such other information determined to individuals in need. (a) IN GENERAL.—Section 45(e)(10)(A) of the be necessary by the Secretary of Treasury to (B) In each calendar year volunteer pilots Internal Revenue Code of 1986 is amended by carry out the purposes of this section; and and the nonprofit organizations those pilots striking ‘‘11-year period’’ each place it ap- (B) instructions for filing amended tax re- fly for provide long-distance, no-cost trans- pears and inserting ‘‘14-year period’’. turns to recover the amounts improperly portation for tens of thousands of people dur- (b) EFFECTIVE DATE.—The amendments withheld for tax purposes. ing times of special need. Flights provide pa- made by this section shall apply to coal pro- (b) EXTENSION OF LIMITATION ON TIME FOR tient and medical transport, disaster relief, duced and sold after the date of the enact- CREDIT OR REFUND.— and humanitarian assistance, and conduct ment of this Act, in taxable years ending (1) PERIOD FOR FILING CLAIM.—If a claim for other charitable missions that benefit the after such date. credit or refund under section 6511(a) of the public. Internal Revenue Code of 1986 relates to a (C) Such nonprofit organizations have sup- SA 3638. Mr. BROWN (for himself and specified overpayment, the 3-year period of ported the homeland security of the United Mr. PORTMAN) submitted an amend- limitation prescribed by such subsection States by providing volunteer pilot services ment intended to be proposed to shall not expire before the date which is 1 during and following disasters and during amendment SA 3464 submitted by Mr. year after the date the information return other times of national emergency. THUNE (for himself and Mr. NELSON) to described in subsection (a)(2) is filed. The al- (D) Most other kinds of volunteers are pro- lowable amount of credit or refund of a spec- tected from liability by the Volunteer Pro- the bill H.R. 636, to amend the Internal ified overpayment shall be determined with- tection Act of 1997 (42 U.S.C. 14501 et seq.), Revenue Code of 1986 to permanently out regard to the amount of tax paid within but volunteer pilots are not. extend increased expensing limita- the period provided in section 6511(b)(2). (2) PURPOSES.—The purposes of this section tions, and for other purposes; which (2) SPECIFIED OVERPAYMENT.—For purposes are, by amending the Volunteer Protection was ordered to lie on the table; as fol- of paragraph (1), the term ‘‘specified over- Act of 1997— lows: payment’’ means an overpayment attrib- (A) to extend the protection of that Act to At the appropriate place in subtitle A of utable to a severance payment described in volunteer pilots; title II, insert the following: subsection (a)(1). (B) to promote the activities of volunteer SEC. llll. COLLABORATION BETWEEN FED- SEC. ll04. REQUIREMENT THAT SECRETARY OF pilots and the nonprofit organizations those ERAL AVIATION ADMINISTRATION DEFENSE ENSURE AMOUNTS ARE pilots fly for in providing flights for the pub- AND DEPARTMENT OF DEFENSE ON NOT WITHHELD FOR TAX PURPOSES lic benefit; and UNMANNED AIRCRAFT SYSTEMS. FROM SEVERANCE PAYMENTS NOT (C) to sustain and enhance the availability (a) COLLABORATION BETWEEN FEDERAL CONSIDERED GROSS INCOME. of the services that such pilots and nonprofit AVIATION ADMINISTRATION IN DEPARTMENT OF The Secretary of Defense shall take such organizations provide, including— DEFENSE REQUIRED.— actions as may be necessary to ensure that (i) transportation at no cost to financially amounts are not withheld for tax purposes (1) IN GENERAL.—The Administrator of the needy medical patients for medical treat- Federal Aviation Administration and the from severance payments made by the Sec- ment, evaluation, and diagnosis; retary to individuals when such payments Secretary of Defense shall collaborate on de- (ii) flights for humanitarian and charitable veloping ground-based sense and avoid are not considered gross income pursuant to purposes; and (GBSAA) and airborne sense and avoid section 104(a)(4) of the Internal Revenue (iii) other flights of compassion. (ABSAA) capabilities for unmanned aircraft Code of 1986. (b) LIABILITY PROTECTION FOR PILOTS THAT systems (UAS). SEC. ll05. REPORT TO CONGRESS. FLY FOR PUBLIC BENEFIT.—Section 4 of the (2) ELEMENTS.—The collaboration required (a) IN GENERAL.—After completing the Volunteer Protection Act of 1997 (42 U.S.C. by paragraph (1) shall include the following: identification required by section ll03(a) 14503) is amended— (A) Assisting the Administrator in safely and not later than one year after the date of (1) by redesignating subsections (b) integrating unmanned aircraft systems and the enactment of this Act, the Secretary of through (f) as subsections (c) through (g), re- manned aircraft in the national airspace sys- Defense shall submit to the appropriate com- spectively; and tem. mittees of Congress a report on the actions (2) in subsection (a), by striking ‘‘sub- (B) Building upon Air Force and Depart- taken by the Secretary to carry out this Act. sections (b) and (d)’’ and inserting ‘‘sub- ment of Defense experience to speed the de- (b) CONTENTS.—The report submitted under sections (b), (c), and (e)’’; and subsection (a) shall include the following: (3) by inserting after subsection (a) the fol- velopment of civil standards, policies, and (1) The number of individuals identified lowing: procedures for expediting unmanned aircraft under section ll03(a)(1)(B). ‘‘(b) LIABILITY PROTECTION FOR PILOTS systems integration. (2) Of all the severance payments described THAT FLY FOR PUBLIC BENEFIT.—Except as (C) Assisting in the development of civil in section ll03(a)(1)(A), the aggregate provided in subsections (c) and (e), no volun- unmanned aircraft airworthiness certifi- amount that the Secretary withheld for tax teer of a volunteer pilot nonprofit organiza- cation, development of airborne and ground- purposes from such payments. tion that arranges flights for public benefit based sense and avoid capabilities for un- (3) A description of the actions the Sec- shall be liable for harm caused by an act or manned aircraft systems, and research and retary plans to take to carry out section omission of the volunteer on behalf of the or- development on unmanned aircraft systems, ll04. ganization if, at the time of the act or omis- especially with respect to matters involving (c) APPROPRIATE COMMITTEES OF CONGRESS sion, the volunteer— human factors, information assurance, and DEFINED.—In this section, the term ‘‘appro- ‘‘(1) was operating an aircraft in further- security. priate committees of Congress’’ means— ance of the purpose of, and acting within the (b) PARTICIPATION BY FEDERAL AVIATION (1) the Committee on Armed Services, the scope of the volunteer’s responsibilities on ADMINISTRATION IN DEPARTMENT OF DEFENSE Committee on Veterans’ Affairs, and the behalf of, the nonprofit organization; ACTIVITIES.— Committee on Finance of the Senate; and ‘‘(2) was properly licensed and insured for (1) IN GENERAL.—The Administrator may (2) the Committee on Armed Services, the the operation of the aircraft; participate and provide assistance for par- Committee on Veterans’ Affairs, and the ‘‘(3) was in compliance with all require- ticipation in test and evaluation efforts of Committee on Ways and Means of the House ments of the Federal Aviation Administra- the Department of Defense, including the Air of Representatives. tion for recent flight experience; and Force, relating to ground-based sense and ‘‘(4) did not cause the harm through willful avoid and airborne sense and avoid capabili- SA 3636. Mr. INHOFE submitted an or criminal misconduct, gross negligence, ties for unmanned aircraft systems. amendment intended to be proposed to reckless misconduct, or a conscious, flagrant (2) PARTICIPATION THROUGH CENTERS OF EX- indifference to the rights or safety of the in- CELLENCE AND TEST SITES.—Participation amendment SA 3464 submitted by Mr. dividual harmed by the volunteer.’’. under paragraph (1) may include provision of THUNE (for himself and Mr. NELSON) to assistance through the Unmanned Aircraft the bill H.R. 636, to amend the Internal SA 3637. Mr. DAINES submitted an Systems Center of Excellence and Unmanned Revenue Code of 1986 to permanently amendment intended to be proposed to Aircraft Systems Test Sites.

VerDate Sep 11 2014 08:08 Apr 12, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A11AP6.037 S11APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1876 CONGRESSIONAL RECORD — SENATE April 11, 2016 SA 3639. Mr. KAINE (for himself and The PRESIDING OFFICER. Without (1) the date that is 10 years after the date Mr. WARNER) submitted an amendment objection, it is so ordered. of the enactment of this Act; or intended to be proposed to amendment Mr. MCCONNELL. I suggest the ab- (2) the date on which the Administrator de- termines that no Stage 2 airplanes remain in HUNE sence of a quorum. SA 3464 submitted by Mr. T (for service. himself and Mr. NELSON) to the bill The PRESIDING OFFICER. The (c) DEFINITIONS.—In this section: H.R. 636, to amend the Internal Rev- clerk will call the roll. (1) MEDIUM HUB AIRPORT; NONHUB AIR- enue Code of 1986 to permanently ex- The senior assistant legislative clerk PORT.—The terms ‘‘medium hub airport’’ and tend increased expensing limitations, proceeded to call the roll. ‘‘nonhub airport’’ have the meanings given and for other purposes; which was or- Mr. THUNE. Mr. President, I ask those terms in section 40102 of title 49, dered to lie on the table; as follows: unanimous consent that the order for United States Code. (2) STAGE 2 AIRPLANE.—The term ‘‘Stage 2 At the appropriate place, insert the fol- the quorum call be rescinded. airplane’’ has the meaning given that term lowing: The PRESIDING OFFICER (Mr. in section 91.851 of title 14, Code of Federal SEC. lll. OBSTRUCTION EVALUATION AERO- DAINES). Without objection, it is so or- Regulations (as in effect on the day before NAUTICAL STUDIES. dered. the date of the enactment of this Act). The Secretary of Transportation may im- f AMENDMENT NO. 3492, AS MODIFIED plement the policy set forth in the notice of (Purpose: Relating to the operation of un- proposed policy entitled ‘‘Proposal To Con- AMERICA’S SMALL BUSINESS TAX manned aircraft systems by owners and op- sider the Impact of One Engine Inoperative RELIEF ACT OF 2015—Continued erators of critical infrastructure) Procedures in Obstruction Evaluation Aero- nautical 7 Studies’’ published by the Depart- AMENDMENTS NOS. 3476, AS MODIFIED; 3492, AS On page 84, between lines 10 and 11, insert the following: ment of Transportation on April 28, 2014 (79 MODIFIED; 3500; 3526; 3535; 3621; 3620; 3633; 3534; ‘‘(f) OPERATION BY OWNERS AND OPERATORS Fed. Reg. 23300), only if the policy is adopted 3623; AND 3567 TO AMENDMENT NO. 3464 OF CRITICAL INFRASTRUCTURE.— pursuant to a notice and comment rule- Mr. THUNE. Mr. President, I ask unanimous consent that the Senate re- ‘‘(1) IN GENERAL.—Any application process making. established under subsection (a) shall allow f sume consideration of H.R. 636 and that for a covered person to apply to the Adminis- the following amendments be called up CELEBRATING THE 144TH trator to operate an unmanned aircraft sys- and reported by number: Cassidy tem to conduct activities described in para- ANNIVERSARY OF ARBOR DAY amendment No. 3476, as modified; graph (2)— Mr. MCCONNELL. Mr. President, I Inhofe amendment No. 3492, as modi- ‘‘(A) beyond the visual line of sight of the ask unanimous consent that the Sen- fied; Hoeven amendment No. 3500; individual operating the unmanned aircraft ate proceed to the consideration of S. Flake amendment No. 3526; Cotton system; and Res. 417, submitted earlier today. ‘‘(B) operation during the day or at night. amendment No. 3535; Nelson amend- ‘‘(2) ACTIVITIES DESCRIBED.—The activities The PRESIDING OFFICER. The ment No. 3621; Booker amendment No. described in this paragraph that a covered clerk will report the resolution by 3620; Nelson amendment No. 3633; Cant- person may use an unmanned aircraft sys- title. well amendment No. 3534; Whitehouse tem to conduct are the following: The senior assistant legislative clerk amendment No. 3623; and Cochran ‘‘(A) Activities for which compliance with read as follows: amendment No. 3567. current law or regulation can be accom- plished by the use of manned aircraft, in- A resolution (S. Res. 417) celebrating the The PRESIDING OFFICER. Without cluding— 144th anniversary of Arbor Day. objection, it is so ordered. ‘‘(i) conducting activities to ensure compli- There being no objection, the Senate The clerk will report the amend- ance with Federal or State regulatory, per- proceeded to consider the resolution. ments by number. mit, or other requirements, including to con- Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk duct surveys associated with applications for ask unanimous consent that the reso- read as follows: permits for new pipeline or pipeline systems lution be agreed to, the preamble be The Senator from South Dakota [Mr. construction or maintenance or rehabilita- tion of existing pipelines or pipeline sys- agreed to, and the motions to recon- THUNE], for others, proposes amendments numbered 3476, as modified; 3492, as modified; tems; or sider be considered made and laid upon ‘‘(ii) conducting activities relating to en- the table with no intervening action or 3500; 3526; 3535; 3621; 3620; 3633; 3534; 3623; and 3567 en bloc to amendment No. 3464. suring compliance with— debate. ‘‘(I) the requirements of part 192 or 195 of The PRESIDING OFFICER. Without The amendments are as follows: title 49, Code of Federal Regulations; or objection, it is so ordered. AMENDMENT NO. 3476, AS MODIFIED ‘‘(II) any Federal, State, or local govern- The resolution (S. Res. 417) was (Purpose: To authorize certain flights by mental or regulatory body or industry best agreed to. Stage 2 airplanes) practice pertaining to the construction, own- ership, operation, maintenance, repair, or re- The preamble was agreed to. At the end of title V, add the following: placement of covered facilities. (The resolution, with its preamble, is SEC. 5032. AUTHORIZATION OF CERTAIN FLIGHTS ‘‘(B) Activities to inspect, repair, con- printed in today’s RECORD under ‘‘Sub- BY STAGE 2 AIRPLANES. struct, maintain, or protect covered facili- mitted Resolutions.’’) (a) IN GENERAL.—Notwithstanding section ties, including to respond to a pipeline, pipe- 47534 of title 49, United States Code, not f line system, or electric energy infrastructure later than 180 days after the date of the en- incident, or in response to or in preparation ORDERS FOR TUESDAY, APRIL 12, actment of this Act, the Administrator of for a natural disaster, man-made disaster, 2016 the Federal Aviation Administration shall severe weather event, or other incident be- initiate a pilot program to permit the oper- yond the control of the covered person that Mr. MCCONNELL. Mr. President, I ator of a Stage 2 airplane to operate that air- may cause material damage to a covered fa- ask unanimous consent that when the plane in nonrevenue service into not more cility. Senate completes its business today, it than four medium hub airports or nonhub ‘‘(3) DEFINITIONS.—In this subsection: adjourn until 10 a.m., Tuesday, April airports if— ‘‘(A) COVERED FACILITY.—The term ‘covered 12; that following the prayer and (1) the airport— facility’ means a pipeline, pipeline system, pledge, the morning hour be deemed (A) is certified under part 139 of title 14, electric energy generation, transmission, or expired, the Journal of proceedings be Code of Federal Regulations; distribution facility (including renewable (B) has a runway that— approved to date, and the time for the electric energy), oil or gas production, refin- (i) is longer than 8,000 feet and not less ing, or processing facility, or other critical two leaders be reserved for their use than 200 feet wide; and infrastructure. later in the day; further, that following (ii) is load bearing with a pavement classi- ‘‘(B) COVERED PERSON.—The term ‘covered leader remarks, the Senate be in a pe- fication number of not less than 38; and person’ means a person that— riod of morning business for 1 hour, (C) has a maintenance facility with a ‘‘(i) owns or operates a covered facility; with Senators permitted to speak maintenance certificate issued under part ‘‘(ii) is the sponsor of a covered facility therein for up to 10 minutes each, and 145 of such title; and project; with the Democrats controlling the (2) the operator of the Stage 2 airplane op- ‘‘(iii) is an association of persons described erates not more than 10 flights per month by clause (i) or (ii) and is seeking pro- first half and the majority controlling using that airplane. grammatic approval for an activity in ac- the final half; finally, that following (b) TERMINATION.—The regulations re- cordance with this subsection; or morning business, the Senate resume quired by subsection (a) shall terminate on ‘‘(iv) is an agent of any person described in consideration of H.R. 636. the earlier of— clause (i), (ii), or (iii).

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‘‘(C) CRITICAL INFRASTRUCTURE.—The term (3) airports of various sizes and types; AMENDMENT NO. 3633 ‘critical infrastructure’ has the meaning (4) air traffic controllers; and (Purpose: To improve section 2317) given that term in section 2339D of title 18.’’. (5) State aviation officials. ‘‘(4) DEADLINE.—Within 90 days from the (d) REPORT REQUIRED.—Not later than one Beginning on page 204, strike line 21 and date of enactment of the FAA Reauthoriza- year after the establishment of the advisory all that follows through page 206, line 9, and tion of 2016 the Administrator must certify committee under subsection (a), the advisory insert the following: to the appropriate Committees of Congress committee shall submit to Congress a report (a) RESTRICTIONS ON TRANSPORTATION OF that a process has been established to facili- on the actions taken by the advisory com- LITHIUM BATTERIES ON AIRCRAFT.— tate applications for operations provided for mittee to carry out the duties described in (1) ADOPTION OF ICAO INSTRUCTIONS.— under this subsection. If the Administrator subsection (b). (A) IN GENERAL.—Pursuant to section 828 of cannot provide this certification, the Admin- AMENDMENT NO. 3535 the FAA Modernization and Reform Act of istrator, within 180 days of from the due date (Purpose: To clarify the provision relating to 2012 (49 U.S.C. 44701 note), not later than 90 of that certification, shall update the process airports that enter into certain leases with days after the date of enactment of this Act, under (a) to provide for such applications. components of the Armed Forces) the Secretary of the Department of Trans- portation shall conform United States regu- AMENDMENT NO. 3500 On page 46, line 15, insert after ‘‘National lations on the air transport of lithium cells (Purpose: To provide for a 5-year extension Guard’’ the following: ‘‘, without regard to and batteries with the lithium cells and bat- of the unmanned aircraft system test site whether that component operates aircraft at tery requirements in the 2015–2016 edition of program) the airport’’. the International Civil Aviation Organiza- On page 67, line 13, strike ‘‘2017’’ and insert AMENDMENT NO. 3621 tion’s (referred to in this subsection as ‘‘2022’’. (Purpose: To secure aircraft avionics ‘‘ICAO’’) Technical Instructions (to include AMENDMENT NO. 3526 systems) all addenda) including the revised standards (Purpose: To establish an airspace At the appropriate place, insert the fol- adopted by ICAO which became effective on management advisory committee) lowing: April 1, 2016. At the end of subtitle E of title II, add the SEC. llll. SECURING AIRCRAFT AVIONICS (B) FURTHER PROCEEDINGS.—Beginning on following: SYSTEMS. the date the revised regulations under sub- (a) IN GENERAL.—The Administrator of the paragraph (A) are published in the Federal SEC. 2506. AIRSPACE MANAGEMENT ADVISORY Register, any lithium cell and battery rule- COMMITTEE. Federal Aviation Administration shall con- making action or update commenced on or (a) IN GENERAL.—Not later than 180 days sider revising Federal Aviation Administra- after that date shall continue to comply after the date of the enactment of this Act, tion regulations regarding airworthiness cer- with the requirements under section 828 of the Administrator shall establish an advi- tification— the FAA Modernization and Reform Act of sory committee to carry out the duties de- (1) to address cybersecurity for avionics 2012 (49 U.S.C. 44701 note). scribed in subsection (b). systems, including software components; and (2) REVIEW OF OTHER REGULATIONS.—Pursu- (b) DUTIES.—The advisory committee (2) to require that aircraft avionics sys- ant to section 828 of the FAA Modernization shall— tems used for flight guidance or aircraft con- and Reform Act of 2012 (49 U.S.C. 44701 note), (1) conduct a review of the practices and trol be secured against unauthorized access the Secretary of Transportation may initiate procedures of the Federal Aviation Adminis- via passenger in-flight entertainment sys- a review of other existing regulations regard- tration for developing proposals with respect tems through such means as the Adminis- ing the air transportation, including pas- to changes in regulations, policies, or guid- trator determines appropriate to protect the senger-carrying and cargo aircraft, of lith- ance of the Federal Aviation Administration avionics systems from unauthorized external ium batteries and cells. relating to airspace that affect airport oper- and internal access. (3) MEDICAL DEVICE BATTERIES.— ations, airport capacity, the environment, or (b) CONSIDERATION.—The Administrator’s (A) IN GENERAL.—For United States appli- communities in the vicinity of airports, in- consideration and any action taken under cants, the Secretary of Transportation shall cluding— subsection (a) shall be in accordance with consider and either grant or deny, within 45 (A) an assessment of the extent to which the recommendations of the Aircraft Sys- days, applications submitted in compliance there is consultation, or a lack of consulta- tems Information Security Protection Work- with part 107 of title 49, Code of Federal Reg- tion, with respect to such proposals— ing Group under section 5029(d) of this Act. ulations for special permits or approvals for (i) between and among the affected ele- On page 354, between lines 16 and 17, insert air transportation of lithium ion cells or bat- ments of the Federal Aviation Administra- the following: teries specifically used by medical devices. tion, including the Air Traffic Organization, (3) IN-FLIGHT ENTERTAINMENT SYSTEMS RE- Not later than 30 days after the date of appli- the Office of Airports, the Flight Standards VIEW.—As part of its review under subpara- cation, the Pipeline and Hazardous Materials Service, the Office of NextGen, and the Of- graphs (A) and (B) of paragraph (2), the Safety Administration shall provide a draft fice of Energy and Environment; and working group shall review the cybersecu- special permit based on the application to (ii) between the Federal Aviation Adminis- rity risks of in-flight entertainment systems the Federal Aviation Administration. The tration and affected entities, including air- to consider whether such systems can and Federal Aviation Administration shall con- ports, aircraft operators, communities, and should be isolated and separate from systems duct an on-site inspection for issuance of the State and local governments; required for safe flight and operations, in- special permit not later than 10 days after (2) recommend revisions to such practices cluding reviewing standards for air gaps or the date of receipt of the draft special permit and procedures to improve communications other means determined appropriate. On page 354, line 17, strike ‘‘(3)’’ and insert from the Pipeline and Hazardous Materials and coordination between and among af- ‘‘(4)’’. Safety Administration. fected elements of the Federal Aviation Ad- On page 354, line 23, strike ‘‘(4)’’ and insert (B) DEFINITION OF MEDICAL DEVICE.—In this ministration and with other affected entities ‘‘(5)’’. paragraph, the term ‘‘medical device’’ has with respect to proposals described in para- On page 355, line 9, strike ‘‘(5)’’ and insert the meaning given the term ‘‘device’’ in sec- graph (1) and the potential effects of such ‘‘(6)’’. tion 201 of the Federal Food, Drug, and Cos- proposals; metic Act (21 U.S.C. 321). (3) conduct a review of the management by AMENDMENT NO. 3620 (4) SAVINGS CLAUSE.—Nothing in this sec- the Federal Aviation Administration of sys- (Purpose: To modify the definition of small tion shall be construed as expanding or con- tems and information used to evaluate data business concern for purposes of the air- stricting any other authority the Secretary relating to obstructions to air navigation or port improvement program) of Transportation has under section 828 of navigational facilities under part 77 of title At the end of subtitle B of title I, add the the FAA Modernization and Reform Act of 14, Code of Federal Regulations; and following: 2012 (49 U.S.C. 44701 note). (4) make recommendations to ensure that SEC. 1226. DEFINITION OF SMALL BUSINESS CON- the data described in paragraph (3) is pub- CERN. AMENDMENT NO. 3534 licly accessible and streamlined to ensure Section 47113(a)(1) is amended to read as (Purpose: To establish a national developers, airport operators, and other in- follows: multimodal freight advisory committee in terested parties may obtain relevant infor- ‘‘(1) ‘small business concern’— the Department of Transportation) mation concerning potential obstructions ‘‘(A) except as provided in subparagraph when working to preserve and create a safe (B), has the same meaning given that term At the appropriate place, insert the fol- and efficient navigable airspace. in section 3 of the Small Business Act (15 lowing: (c) MEMBERSHIP.—The membership of the U.S.C. 632); and SEC. ll. NATIONAL MULTIMODAL FREIGHT AD- advisory committee established under sub- ‘‘(B) in the case of a concern in the con- VISORY COMMITTEE. section (a) shall include representatives of— struction industry, a concern shall be consid- (a) ESTABLISHMENT.—The Secretary of (1) air carriers, including passenger and ered a small business concern if the concern Transportation shall establish a national cargo air carriers; meets the size standard for the North Amer- multimodal freight advisory committee (re- (2) general aviation, including business ican Industry Classification System Code ferred to in this section as the ‘‘Committee’’) aviation and fixed wing aircraft and 237310, as adjusted by the Small Business Ad- in the Department of Transportation, which rotocraft; ministration;’’. shall consist of a balanced cross-section of

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public and private freight stakeholders rep- tinue to prioritize the education of operators (c) USE OF CENTER OF EXCELLENCE FOR UN- resentative of all freight transportation of unmanned aircraft through public out- MANNED AIRCRAFT SYSTEMS.—The Adminis- modes, including— reach efforts like the ‘‘Know Before You trator, in carrying out research necessary to (1) airports, highways, ports and water- Fly’’ campaign. establish the consensus safety standards and ways, rail, and pipelines; SEC. 2163. UNSAFE OPERATION OF UNMANNED certification requirements in section 44803 of (2) shippers; AIRCRAFT. title 49, United States Code, as added by sec- (3) carriers; (a) IN GENERAL.—Chapter 2 of title 18, tion 2124, shall, to the maximum extent prac- (4) freight-related associations; United States Code, is amended— ticable, leverage the research and testing ca- (5) the freight industry workforce; (1) in section 31— pacity and capabilities of the Center of Ex- (6) State departments of transportation; (A) in subsection (a)— cellence for Unmanned Aircraft Systems and (7) local governments; (i) by redesignating paragraph (10) as para- the test sites (as defined in 44801 of such (8) metropolitan planning organizations; graph (11); and title, as added by section 2121). (9) regional or local transportation au- (ii) by inserting after paragraph (9) the fol- Mr. THUNE. Mr. President, I ask thorities, such as port authorities; lowing: unanimous consent that the Senate ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un- (10) freight safety organizations; and now vote on these amendments, as well (11) university research centers. manned aircraft’ has the meaning given such as the Bennet amendment No. 3524, as (b) PURPOSE.—The purpose of the Com- term in section 44801 of title 49.’’; and mittee shall be to promote a safe, economi- (B) in subsection (b), by inserting ‘‘ ‘air- modified with the changes at the desk, cally efficient, and environmentally sustain- port’,’’ before ‘‘ ‘appliance’ ’’; and all en bloc. able national freight system. (2) by inserting after section 39A the fol- The PRESIDING OFFICER. Without (c) DUTIES.—The Committee, in consulta- lowing: objection, it is so ordered. tion with State departments of transpor- ‘‘§ 39B. Unsafe operation of unmanned air- The amendment (No. 3524), as modi- tation and metropolitan planning organiza- craft fied, is as follows: tions, shall provide advice and recommenda- ‘‘(a) OFFENSE.—Any person who operates tions to the Secretary of Transportation on an unmanned aircraft and, in so doing, Strike section 3113 and insert the fol- matters related to freight transportation in knowingly or recklessly interferes with, or lowing: the United States, including— disrupts the operation of, an aircraft car- SEC. 3113. LASTING IMPROVEMENTS TO FAMILY (1) the implementation of freight transpor- rying 1 or more occupants operating in the TRAVEL. tation requirements; special aircraft jurisdiction of the United (a) SHORT TITLE.—This section may be (2) the establishment of a National States, in a manner that poses an imminent cited as the ‘‘Lasting Improvements to Fam- Multimodal Freight Network under section safety hazard to such occupants, shall be ily Travel Act’’ or the ‘‘LIFT Act’’. 70103 of title 49, United States Code; punished as provided in subsection (b). (b) ACCOMPANYING MINORS FOR SECURITY (3) the development of the national freight ‘‘(b) PENALTY.— SCREENING.—The Administrator of the strategic plan under section 70102 of such ‘‘(1) IN GENERAL.—Except as provided in Transportation Security Administration title; paragraph (2), the punishment for an offense shall formalize security screening procedures (4) the development of measures of condi- under subsection (a) shall be a fine under that allow for one adult family caregiver to tions and performance in freight transpor- this title, imprisonment for not more than 1 accompany a minor child throughout the en- tation; year, or both. tirety of the security screening process. (5) the development of freight transpor- ‘‘(2) SERIOUS BODILY INJURY OR DEATH.— (c) SPECIAL ACCOMMODATIONS FOR PREG- tation investment, data, and planning tools; Any person who attempts to cause, or know- NANT WOMEN.—Not later than 180 days after and ingly or recklessly causes, serious bodily in- the date of the enactment of this Act, the (6) recommendations for Federal legisla- jury or death during the commission of an Secretary of Transportation shall review tion. offense under subsection (a) shall be fined and, if appropriate, prescribe regulations (d) QUALIFICATIONS.—Each member of the under this title, imprisoned for any term of that direct all air carriers to include preg- Committee shall be sufficiently qualified to years or for life, or both. nant women in their policies, with respect to represent the interests of the member’s spe- ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN preboarding or advance boarding of aircraft. CLOSE PROXIMITY TO AIRPORTS.— cific stakeholder group, such as— (d) FAMILY SEATING.—Not later than 1 year (1) general business and financial experi- ‘‘(1) IN GENERAL.—The operation of an un- after the date of the enactment of this Act, ence; manned aircraft within a runway exclusion the Secretary shall review and, if appro- (2) experience or qualifications in the areas zone shall be considered a violation of sub- priate, establish a policy directing all air of freight transportation and logistics; section (a) unless such operation is approved carriers to ensure that, if a family is trav- (3) experience in transportation planning, by the airport’s air traffic control facility or eling on a reservation with a child under the safety, technology, or workforce issues; is the result of a circumstance, such as a age of 13, that child is able to sit in a seat (4) experience representing employees of malfunction, that could not have been rea- adjacent to the seat of an accompanying the freight industry; sonably foreseen or prevented by the oper- family member over the age of 13, to the (5) experience representing State or local ator. maximum extent practicable, at no addi- governments or metropolitan planning orga- ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In tional cost. nizations in transportation-related issues; or this subsection, the term ‘runway exclusion zone’ means a rectangular area— VOTE ON AMENDMENTS NOS. 3476, AS MODIFIED; (6) experience in trade economics relating 3492, AS MODIFIED; 3500; 3526; 3535; 3621; 3620; 3633; ‘‘(A) centered on the centerline of an ac- to freight flows. 3534; 3623; 3567; AND 3524, AS MODIFIED tive runway of an airport immediately (e) SUPPORT STAFF, INFORMATION, AND Mr. THUNE. Mr. President, I know of SERVICES.—The Secretary of Transportation around which the airspace is designated as class B, class C, or class D airspace at the no further debate on these amend- shall provide support staff for the Com- ments. mittee. Upon the request of the Committee, surface under part 71 of title 14, Code of Fed- the Secretary shall provide such informa- eral Regulations; and The PRESIDING OFFICER. The tion, administrative services, and supplies as ‘‘(B) the length of which extends parallel question occurs on agreeing to the the Secretary considers necessary for the to the runway’s centerline to points that are amendments en bloc. Committee to carry out its duties under this 1 statute mile from each end of the runway The amendments (Nos. 3476, as modi- section. and the width of which is 1⁄2 statute mile.’’. fied; 3492, as modified; 3500; 3526; 3535; (b) CLERICAL AMENDMENT.—The table of 3621; 3620; 3633; 3534; 3623; 3567; and 3524, AMENDMENT NO. 3623 sections for chapter 2 of title 18, United as modified) were agreed to en bloc. (Purpose: To impose criminal penalties for States Code, is amended by inserting after f the unsafe operation of unmanned aircraft) the item relating to section 39A the fol- At the end of subtitle A of title II, add the lowing: ADJOURNMENT UNTIL 10 A.M. following: ‘‘39B. Unsafe operation of unmanned air- TOMORROW PART IV—OPERATOR SAFETY craft.’’. Mr. THUNE. Mr. President, if there is no further business to come before the SEC. 2161. SHORT TITLE. AMENDMENT NO. 3567 Senate, I ask unanimous consent that This part may be cited as the ‘‘Drone Oper- (Purpose: To require the Federal Aviation it stand adjourned under the previous ator Safety Act’’. Administration to coordinate with the order. SEC. 2162. FINDINGS; SENSE OF CONGRESS. Center of Excellence for Unmanned Air- There being no objection, the Senate, (a) FINDING.—Congress finds that educating craft Systems with respect to research re- at 8:18 p.m., adjourned until Tuesday, operators of unmanned aircraft about the lating to unmanned aircraft systems) April 12, 2016, at 10 a.m. On page 74, strike line 19 and insert the fol- laws and regulations that govern such air- f craft helps to ensure their safe operation. lowing: (b) SENSE OF CONGRESS.—It is the sense of under section 44802(a) of that title, and in co- CONFIRMATION Congress that the Administrator of the Fed- ordination with the Center of Excellence for Executive nomination confirmed by eral Aviation Administration should con- Unmanned Aircraft Systems. the Senate April 11, 2016:

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THE JUDICIARY WAVERLY D. CRENSHAW, JR., OF TENNESSEE, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- TRICT OF TENNESSEE.

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