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, TUESDAY, APRIL 12, 2016 No. 55 Senate The Senate met at 10 a.m. and was FAA REAUTHORIZATION BILL some who think Washington bureau- called to order by the President pro Mr. MCCONNELL. Mr. President, I crats should define what constitutes a tempore (Mr. HATCH). have been pleased to see the progress reasonable fee, but we want consumers f we have made on the FAA Reauthoriza- to make that choice for themselves. That is why this bipartisan bill in- PRAYER tion Act, and I appreciate the Senators who have worked to process amend- cludes the important consumer protec- The Chaplain, Dr. Barry C. Black, of- ments such as those that bolster air- tion provisions I mentioned earlier. We fered the following prayer: port security. Last evening we proc- know this bipartisan legislation is a re- Let us pray. essed another set of amendments to sult of months of dedicated work by Eternal God, You are our rock and help make this good bill an even better Chairman THUNE and his counterpart salvation. You are our high tower, and one. Senator NELSON. It sets new require- we shall not be moved. Forgive us when One such amendment, offered by Sen- ments for making sure customers un- we forget to trust You to order our ator FLAKE, would help improve com- derstand what fees they could face for steps and direct our path. munication between the FAA and local certain ancillary services, and then, Lord, thank You for our lawmakers, airports in order to provide a greater importantly, it holds airlines account- who seek to fulfill Your purposes in say for local stakeholders in the man- able for delivering to consumers. their labors. Give them the wisdom and agement of the airspace near their own This is commonsense legislation. It is courage they need to glorify Your airports. This will benefit communities the product of Senators working across Name as they strive always to live wor- and airports across the country, in- the aisle on behalf of the American thy of the mercies You daily bestow. cluding at Kentucky’s own Louisville people. Let’s continue working to- May their work be a delight as they airport. I appreciate Senator FLAKE’s gether to move forward. make You the only constituent they leadership on this issue and was Mr. REID. I suggest the absence of a always seek to please. pleased to see this provision included quorum. Help us all to remember that You The PRESIDING OFFICER. The know what is best for us; so please in the overall bill. I encourage Members who have ideas clerk will call the roll. have Your way. they think can strengthen the bill to The senior assistant legislative clerk We pray in Your strong Name. Amen. continue working with the bill man- proceeded to call the roll. f agers to move this legislation forward. Mr. REID. Mr. President, I ask unan- PLEDGE OF ALLEGIANCE Let’s continue working today to take imous consent that the order for the The President pro tempore led the the next steps in seeing this consumer- quorum call be rescinded. Pledge of Allegiance, as follows: friendly FAA reauthorization and air- The PRESIDING OFFICER. Without I pledge allegiance to the Flag of the port security bill through to passage. objection, it is so ordered. United States of America, and to the Repub- This bill contains a number of impor- f tant measures to increase security in lic for which it stands, one nation under God, RECOGNITION OF THE MINORITY indivisible, with liberty and justice for all. our airports and the skies. It also takes LEADER Mr. MCCONNELL. Mr. President, I more steps to look out for airline pas- suggest the absence of a quorum. sengers. Here is how: It will improve The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. COT- information about seat availability and Democratic leader is recognized. TON). The clerk will call the roll. create a standard for information on f The senior assistant legislative clerk fee disclosures. It will require airlines to offer refunds to customers whose FILLING THE SUPREME COURT proceeded to call the roll. VACANCY Mr. MCCONNELL. Mr. President, I bags are lost or who have paid for serv- ask unanimous consent that the order ices they didn’t receive. It will also Mr. REID. Mr. President, last Thurs- for the quorum call be rescinded. maintain rural access and help improve day the senior Senator from Iowa came The PRESIDING OFFICER. Without travel for passengers with disabilities. to the floor to declare that he is feeling objection, it is so ordered. There are some who think we should no pressure in blocking President f go further and reregulate the airline Obama’s Supreme Court nominee, industry, but we know deregulation Judge Merrick Garland. However, Sen- RECOGNITION OF THE MAJORITY has helped make air travel more acces- ator GRASSLEY’s actions paint a far dif- LEADER sible and more affordable for families ferent picture. The PRESIDING OFFICER. The ma- and business travelers to get from On Monday the chairman of the Judi- jority leader is recognized. point A to point B. I know there are ciary Committee took to the Des

∑ 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 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.000 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1882 CONGRESSIONAL RECORD — SENATE April 12, 2016 Moines Register, the very newspaper This pay disparity between men and many women who have fought for that has pointedly and repeatedly criti- women for doing the same work is equality. cized his unprecedented obstruction, known as the wage gap and it is to our As we recognize Equal Pay Day, I but the case Senator GRASSLEY made national shame. No woman should hope my Republican colleagues will in his op-ed only left Iowans scratching make less money than a man for doing come to their senses and address this their heads. In effect, the senior Sen- the exact same work. injustice that hurts millions of Amer- ator from Iowa said it is no big deal Democrats have tried repeatedly to ican families. Working women deserve that we only have eight Justices on the pass Senator BARBARA MIKULSKI’s Pay- more than just a half measure from Re- Supreme Court. It is no big deal that check Fairness Act, which would pro- publicans. They deserve our best ef- our Nation’s highest Court is vide women with the tools they need to forts to right this egregious wrong, be- deadlocking on important cases. With close this wage gap. The Republicans cause American women deserve equal all due respect, that is the type of ar- have made it clear they have no inten- pay. gument one makes knowing that logic tion of fighting wage discrimination. I apologize to my distinguished and reason is not on your side, when They have stonewalled Senator MIKUL- friend from Vermont for having him you know the Constitution is not on SKI’s legislation five times in recent wait while Senator MCCONNELL and I your side. years—five filibusters—and when Re- were having conversations on the floor. The senior Senator from Iowa seemed publicans finally got around to offering f to understand the Senate’s responsi- legislation they claim will address this bility to act when a Republican was in important economic issue, it is anemic RESERVATION OF LEADER TIME the White House. In 2006 he came to the and devoid of actual reform. The PRESIDING OFFICER. Under floor and said: The bills offered by the junior Sen- the previous order, the leadership time A Supreme Court nomination is not a ators from New Hampshire and Ne- is reserved. forum to fight any election. It is the time to braska are a case in point because the f perform one of our most important constitu- legislation does nothing to close loop- tional duties and decide whether a nominee MORNING BUSINESS holes employers use to justify paying is qualified to serve on the Nation’s highest The PRESIDING OFFICER. Under court. discriminatory wages, it does nothing the previous order, the Senate will be Now he has reversed himself—and to help victims of wage discrimination in a period of morning business for 1 that is an understatement. From the recoup lost income, and it does nothing hour, with Senators permitted to speak time he allowed the Republican leader to incentivize employers to follow the therein for up to 10 minutes each, with to seize control of the Judiciary Com- law. This legislation is only designed the Democrats controlling the first mittee and dictate his actions as com- to look good, to say they are trying to half and the majority controlling the mittee chair, Senator GRASSLEY has do something about this, when in fact final half. done everything to deflect responsi- it does nothing. Just about the only The PRESIDING OFFICER. The Sen- bility on himself personally. thing the Ayotte and Fischer bills ac- He forced his committee members to tually do is make it harder for women ator from Vermont. sign loyalty oaths. He tried to force to discuss wage discrimination at f the committee to do its work away work. Their respective bills so nar- NATIONAL EQUAL PAY DAY from the public eye. When Democrats rowly define what a woman can and Mr. LEAHY. The distinguished Sen- objected, he canceled the meeting alto- cannot say about wage discrimination ator from Nevada owes me no apolo- gether. He tried to shut down debate that it completely ignores the reality gies. I am delighted to hear what he from the Presiding Officer’s chair in of the situation. the Senate, which is unprecedented. He Factually, many women learn of had to say and I agree with him. blamed conservative Chief Justice wage disparities through casual con- Mr. President, today we Vermonters John Roberts for politicizing the Su- versation at work. In the famous Lilly and our neighbors, Americans across preme Court. These are just a few of Ledbetter case, that is how she learned the country, are going to recognize the things. about it. They shouldn’t be punished Equal Pay Day, a day that shines a This morning Senator GRASSLEY fi- for realizing they are being discrimi- spotlight on the glaring pay disparity nally met with Judge Garland. He met nated against by their own employer. between men and women. The United in private, far away from the public In short, the Ayotte and Fischer bills States is often looked to as a leader in eye. These are not the actions of a Sen- will not close the wage gap. Where the the global landscape, setting the gold ator and chairman who is confident in Republican legislation fails, the Mikul- standard for others to follow. Unfortu- his decision to block the Supreme ski Paycheck Fairness Act succeeds. nately, our country fails to lead when Court nominee. This is the behavior of The Paycheck Fairness Act would it comes to pay parity. American a Senator who knows he is on the help close the wage disparity by em- women continue to be treated un- wrong side of the Constitution and powering women to negotiate for equal equally and unfairly in the workplace. wrong side of history. Wouldn’t it be pay. This bill would give workers On average, women are only paid 79 easier for the senior Senator from Iowa stronger tools to combat wage dis- cents to every $1 paid to men. It is just to do his job? crimination and bar retaliation against somewhat better in Vermont, but there f employees for discussing salary infor- is still a disparity of 83 cents to a dol- mation. This legislation would help se- lar. Over a career, this means a woman NATIONAL EQUAL PAY DAY cure adequate compensation for vic- is compensated hundreds of thousands Mr. REID. Mr. President, we are 102 tims of gender-based pay discrimina- of dollars to millions of dollars less days into 2016, but because of wage dis- tion. These are commonsense proposals than a man with no other explanation crimination, working American women that are supported by the American for the disparity than their gender. are still stuck in 2015. Today is Na- people—not just women. This practice is unacceptable, and it tional Equal Pay Day, a date that sym- Later today President Obama will runs contrary to American values. bolizes how far into the year women announce the designation of the Bel- The fight for equal pay for equal must work to earn what their male mont-Paul Women’s Equality National work has spanned generations and con- counterparts earned last year for doing Monument, which is located a few hun- tinues to impact nearly every corner of the very same work. That is because, dred yards from where I stand. For- our country. From corporate board- on average, women make only 79 cents mally known as the Sewall-Belmont rooms to locally owned small busi- for every $1 their male colleagues House and Museum, this national nesses, women have long fought for make doing the very same job. That monument will honor the work of the their right to be treated with the same means our wives, daughters, and grand- National Women’s Party founder Alice respect and dignity as their male coun- daughters have to work an additional 3 Paul, who rewrote the Equal Rights terparts. months and 11 days to make the same Amendment. I think it is important When I think of this fight, I think of salary their male counterparts make in that is done. President Obama says Lilly Ledbetter, a person whom I great- a single year. this designation is a reminder of the ly admire and consider a friend. She

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.002 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1883 has changed the lives of millions of I remember, and I remember my chil- that it is not just Republicans or Americans with her courage to stand dren and my grandchildren watched Democrats—but all Americans across up for equal pay. It has been nearly 9 that thrilling victory. It was the most the country who should continue to years since five Justices on the Su- widely viewed women’s soccer game in join the growing movement to elimi- preme Court ruled, by just a one-vote our Nation’s history. Like so many nate discrimination from the work- majority, that her pay discrimination other Americans, men and women, I place. Hard-working women—our claim was invalid—not because of the took pride in their historic win. But mothers, our sisters, our wives, our facts. She had a good pay discrimina- then fans from across the world were daughters, and our granddaughters— tion claim, but the narrow majority shocked to learn that members of the deserve no less. said she did not file a suit against her U.S. women’s team received only $2 We should pass this resolution recog- employer within the Federally man- million for winning the 2015 Women’s nizing the achievement of the U.S. dated time period, even though the way World Cup, while the men’s 2014 World Women’s National Team as the Wom- the employer ran things, made it so she Cup champions were awarded $35 mil- en’s World Cup champions. We should had no way of knowing she was being lion. pass Senator MIKULSKI’s Paycheck discriminated against at that time. I We were also astonished to learn that Fairness Act, which I have proudly co- was proud to work with Senator MI- our 2015 world champion women’s team sponsored. We should take these simple KULSKI and others to overturn this in- received $7 million less than the U.S. and straightforward steps to guarantee justice. We wrote and passed the Lilly men’s team that lost in an early round pay equity protections against work- Ledbetter Fair Pay Act. This impor- of the men’s 2014 World Cup. Even place discrimination. The time for tant legislation clarified the statute of though this sports team made enor- equality is now. Let’s be honest. Let’s limitations for filing an equal pay law- mous amounts of money from the tele- stand up and say: Both men and women suit regarding pay discrimination. I vision rights, the women who earned should be treated equally. was proud to stand with President those rights did not. They got paid less I yield the floor. Obama when he signed this into law, than the men who lost. They got paid The PRESIDING OFFICER. The Sen- the very first law he signed as Presi- less for winning than the men who lost. ator from California. dent. So, as a result of this alarming in- Mrs. BOXER. Mr. President, as my The progress achieved 7 years ago equity, I introduced a Senate resolu- friend, the top Democrat on the Judici- was important, but the fight for equal tion calling on FIFA to eliminate its ary Committee, is leaving the floor, I pay for equal work continues today. I discriminatory prize award structure want to thank him so much. I think am proud to cosponsor Senator MIKUL- and to award all athletes with equal the example of women’s soccer is so SKI’s Paycheck Fairness Act, an impor- prizes. It was disappointing that not a perfect. People do not understand this tant bill to assure equal pay for equal single Republican was willing to co- disparity. Some say that many more work—a principle that people say they sponsor this resolution. When I tried to people follow the women’s soccer than agree with but for too long has failed get it passed to support fairness for our the men’s. I want to thank him for his to be a reality. champion women’s team, when I tried leadership on that. Today women from all over Vermont to get this passed to say that we should I also want to say that when it comes will assemble at the Vermont State treat women fairly—we should treat to equal pay for equal work, you need House. They will highlight the initia- the women athletes the same as men to remember three numbers—just three tive known as Change the Story, which athletes—Senate Republicans blocked numbers: 79 cents—that is one number. aims to improve the economic status of it from going forward. Remember that one and $11,000 and women in my State. They will note As more Americans learn of this un- $400,000. OK. Remember 79 cents, that while in Vermont women fare fairness, I am hopeful that Senators $11,000, and $400,000. And 79 cents on the slightly better than the average around will join me to support this passage dollar is what the average woman the country, at the current pace, the and that Republicans will stop block- makes compared to the average man. wage gap will not disappear before the ing it. Senators should not be afraid to So the man makes $1; the woman year 2048. That is far too long for any- be on record supporting equal pay for makes 79 cents for the same work. body to have to wait. equal work for all athletes—in fact, We are not talking about different I would also point out that in equal pay for equal work for all jobs; we are talking about the same. It Vermont, women are twice as likely to women. costs the average woman and her fam- live in poverty in their senior years, Opponents of an equal prize award ily $11,000 a year. When you add up that when their savings amount to only structure in sports have pointed to rev- disparity, it is $11,000 a year. Think of one-third of that of their male counter- enue as the reason behind this gross what that could buy for a family. And parts. disparity. This is unacceptable. Tennis $400,000-plus is what the penalty is for Every year, Marcelle and I present icons such as Billie Jean King and the average woman against the average the Vermont Women’s Economic Op- Venus Williams did not accept these man in a lifetime—$400,000. That could portunity Conference. For two decades, arguments; instead, they fought for translate into a retirement that is not it has helped support women-owned equal prize awards in the face of over- stressful. businesses. It encourages good-paying, whelming adversity. We are going to be here later today nontraditional careers. But as we pre- Their impressive efforts led to equal talking about this. The Mikulski bill pare to mark the 20th anniversary of prize awards at the U.S. Open Tennis will resolve a lot of these problems. I the Women’s Economic Opportunity championships and Wimbledon, which hope we can get the Republicans to Conference in June, I would much pre- now provides all athletes, men and help us. fer if we could eliminate the need for women, with the respect they deserve. You know, this Senate has a rating of such a conference. I look forward to So I am proud to stand in support of about 18-percent approval. Well, it is the day when there is no gender wage the U.S. Women’s National Team in because people don’t see us doing any- gap and when career opportunities are their fight for equal prize awards from thing to help the average person. Most available to all women, but until that FIFA and for equal treatment from the women work. We have not even raised day comes, Marcelle and I will con- U.S. Soccer Federation. the minimum wage. These Republicans tinue to present that conference. The disparities that exist in these or- fight for the wealthy few. That is the Pay equality has recently received ganizations are outrageous. They problem. We have given them a beau- considerable attention at the inter- should be remedied immediately. They tiful way to deal with it: Sign onto MI- national level. Why? In large part, due should be arranged so that men and KULSKI’s bill. to the leadership of the U.S. Women’s women are treated fairly and equally. f National Soccer Team. We can all re- While every Democrat has supported call the thrill last year when this team that, I hope Republicans will stop PILOT FATIGUE of world-class athletes won for a third blocking it. Mrs. BOXER. Mr. President, this time soccer’s most coveted title, the As we reflect on the important mean- morning, in addition to these com- FIFA World Cup. ing of Equal Pay Day, I would note ments that I just made, I want to talk

VerDate Sep 11 2014 02:04 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.003 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1884 CONGRESSIONAL RECORD — SENATE April 12, 2016 about an amendment I am trying to They are working up to 16 hours I am proud to stand with Captain get a vote on to the FAA bill, the Fed- without adequate opportunity for rest, Sullenberger and all the pilots in eral Aviation Administration bill, so what we say in our amendment is America and the organizations that which is before us. This issue is an- simple: We want parity. We want the represent them to say this: If this is an other no-brainer. same periods of flying time for both pi- FAA bill, if this is the Federal aviation Later this morning, I will meet with lots. bill and we have all kinds of goodies Captain ‘‘Sully’’ Sullenberger. I think Now you say: Well, Senator BOXER, and tax breaks and this and that in you remember him. He was the ‘‘Hero have there been any accidents? Yes. there—which is a whole other con- of the Hudson.’’ He was the one who Since 1990, there have been 14 U.S. versation—the least we can do is to miraculously landed U.S. Airways cargo plane crashes involving fatigue, stand up for safety. The least we can do Flight 1549 on the Hudson River on including a UPS crash in Birmingham, is to stand up for safety. I will insist on January 15, 2009. Because of his incred- AL, in 2013 that killed two crew mem- a vote. I will stand on my feet until I ible skill, he saved the lives of all 155 bers. get a vote, and I know the pilots are passengers and crew. In that tragedy, the NTSB cited pilot going to be all over this place today When it comes to safety—safety, in fatigue as a factor. Let’s listen to the knocking on doors. terms of our pilots being able to think pilot conversation, which was retrieved The American people don’t think we clearly and not be suffering from fa- after the crash. Let’s hear what those are doing anything for them. We have tigue, who could be better than Cap- pilots, who were exhausted, said to one the worst rating. My friends beat up on tain Sullenberger? I am going to stand another. Then, if the Senate does not President Obama, but he has the same with him. I am going to explain the want to have a vote on this, I am going ratings as Ronald Reagan during his issue that he and I are fighting for. to stand on my feet until we do be- time in the same timeframe—same rat- I first got into this issue—which is cause, for sure, one of these planes is ings as Ronald Reagan, their hero. We safety standards for all pilots—in 2009 going to crash, whether it is in Cali- are down in the gutter with our ratings when Colgan Airlines Flight 3407 fornia or Nebraska or Arkansas or any- because we put special interests ahead crashed into a home near Buffalo, NY, where else in this Nation. of the people. killing 50 people. After that tragic Listen to this. Now, maybe there are a few special crash, Senator Snowe and I wrote legis- Pilot 1: I mean, I don’t get it. You interests that don’t want to pay their lation that updated pilot and fatigue know, it should be one level of safety pilots enough money, that don’t want regulations. They had been written for everybody. to give their pilots rest—too bad. They originally in the 1940s. Pilot 2: It makes no sense at all. are wrong. They are jeopardizing lives Clearly, there is a lot of scientific re- Pilot 1: No, it doesn’t at all. on the ground. It is penny-wise and search on what happens when you have Pilot 2: And to be honest, it should be pound-foolish to have someone suf- a lack of rest. We needed to see a new across the board. To be honest, in my fering from pilot fatigue flying over rule. So, because of the efforts of Sen- opinion, whether you are flying pas- your home wherever you live in Amer- ator Snowe and me, the Department of sengers or cargo, if you are flying this ica. Transportation issued a rule in 2011 to time of day, you know, fatigue is defi- All I want is a vote. I am just asking ensure adequate rest for passenger pi- nitely—— for a vote. So far, I do not have that lots, which was great. Pilot 1: Yeah, yeah, yeah. commitment, but we are working hard. Shockingly, they left out cargo pi- Pilot 2: When my alarm went off, I We are hoping to get it. That is why I lots. So I am going to show you a pic- mean, I’m thinking, I’m so tired. came here today, and that is why I will ture of two planes—two planes. Look Pilot 1: I know. Well, let’s look at what happened to be standing with Captain Sullenberger at those planes. They look exactly the later this morning—to call for a vote same. They share the same airspace, this plane after this conversation. Just look at what happened to this plane. I to make sure that after 9 hours of the same airports, and the same run- flight, pilots get adequate rest—not think it is important that everybody ways. But guess what? Because of the after 16 hours—and to make sure there look at it. It went down. It went down. disparity in this rule from the FAA, is parity, fairness, and equality be- Now, when that flight went down, I the pilots are not treated the same. tween those flying a passenger jet and honestly thought: The FAA is going to Now, passenger pilots cannot fly more those flying a cargo jet. The fact of the change. They are going to pass a rule. than 9 hours in a day, while cargo pi- matter is they share the same airspace, They are going to make sure that all lots have been forced to fly up to 16 they fly over the same homes, and they pilots get that necessary rest. But they hours a day. Let me say it again. The deserve not to be exhausted as they did not. They did not. One hour after rule that came out of the FAA said: If maneuver their planes. you are a passenger pilot, you can only that conversation I shared with you, I thank the Chair, and I yield the fly up to 9 hours a day, but if you fly Mr. President, this is what happened to floor. a cargo plane the same size, you can fly that plane. The PRESIDING OFFICER. The Sen- up to 16 hours a day. How does this This dangerous double standard risks ator from Nebraska. lives in the air and on the ground, and make sense? It is dangerous. It is dan- f gerous. I will show you how. But our it cannot continue. That is why our top safety board, NTSB, the National amendment and our bill, which we base NATIONAL EQUAL PAY DAY Transportation Safety Board, has made the amendment on, are endorsed not Mrs. FISCHER. Mr. President, I rise reducing pilot fatigue a priority, men- only by Captain Sully but also by the today to discuss the issue of equal pay tioning it is on their top 10 list of most Air Line Pilots Association, the Inde- for equal work. Today is National wanted safety requirements for years. pendent Pilots Association, the Coali- Equal Pay Day, and this provides us an So follow me. In 2011, we had the tion of Airline Pilots Associations, the opportunity to talk about how we can rule. The rule left out cargo pilots. Teamsters Aviation Division, and the promote policies that will make life Since then, I have been trying, along Allied Pilots Association. easier and more flexible for American with colleagues KLOBUCHAR, CANTWELL, Let me just ask a rhetorical ques- families. It allows us to celebrate the and others, to change this. Now, let’s tion. If we don’t listen to pilots, who amazing advancements that women look at what Captain Sullenberger has are in those planes, on what they need have made. said about this issue. He said it about to fly safely, who on Earth are we lis- Women have an incredibly positive our bill: You wouldn’t want your sur- tening to? And yet I can’t get a vote on story to tell. We now hold more than geon operating on you after only 5 this. So far, I can’t get a vote. I am half of all professional and managerial hours of sleep or your passenger pilot hoping I will. Let people stand in the jobs, double the number since 1980. We flying the airplane after only 5 hours of well and vote against this safety provi- earn over 55 percent of bachelor’s de- sleep. And you certainly wouldn’t want sion, and the next time there is a grees, run nearly 10 million small busi- a cargo pilot flying a large plane over crash, they will answer for it. Stand up nesses, and we serve in Congress at your house at 3 a.m. on 5 hours of and be counted. We need a vote on this record levels. sleep, trying to find the airport and provision. One level of safety for all pi- Some may be surprised to see a Re- land. lots is one level of safety for the public. publican speaking out to support equal

VerDate Sep 11 2014 02:04 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.009 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1885 pay. My friends on the other side of the as basic as the First Amendment. En- for the salaries they feel they deserve. aisle have made quite an effort to po- suring transparency would not only Knowledge is power. By freely dis- liticize this issue, claiming that Re- make it easier for workers to recognize cussing their wages, workers can nego- publicans don’t care about equal pay. pay discrimination, but it would also tiate effectively for the pay they want. I am here to state unequivocally that empower them to negotiate their sala- My proposal has received the support is ridiculous. Equal pay for equal work ries more effectively. of almost every Senate Republican and is a shared American value. At its core, Wage transparency is not a new ini- also five Democrats. But as we know equal pay is about basic fairness and tiative. It already enjoys support on all too well, in Washington anything ensuring that every woman, just like both sides of the political spectrum. In that receives bipartisan support stalls every man, has the opportunity to fact, both President Obama and Hillary with five words: It doesn’t go far build the life she chooses. Clinton are in favor of it. But not all enough. For over half a century, the Equal transparency is created equal. Earlier The biggest critics of this plan say Pay Act and the Civil Rights Act have this year, the Obama administration that it is too modest. They claim that enabled women to make significant proposed a new regulation targeting transparency is only the first step and economic strides. Any violation of businesses with over 100 employees. that a second step would require man- these important laws are illegal, and The Labor Department would use this dates. But the truth is, meaningful they should be punished to the full ex- rule to require businesses to submit change cannot happen without action, tent of the law. But I believe we can large amounts of data regarding race, and it cannot happen, colleagues, with- also go further. Congress now has the gender, and other statistics to the out compromise. By its very definition, opportunity to recommit itself to this Equal Employment Opportunity Com- it requires both agreement and accom- issue and ensure that these existing mission. The administration believes modation. My bill can make a real dif- laws are better enforced. this will end discrimination. ference for American workers, and, un- Our country is stronger today be- I believe this is just another govern- like legislation that is offered by cause women have advanced in the ment mandate that intrudes into the Democrats, my bill can actually pass. workforce. There are stories of young operations of a private business. We Others would argue that this change women who start off at entry-level jobs can’t discount the burden this will put is unnecessary because the right to dis- and rise to the top of corporate ranks on employers and job creators, and cuss salaries is protected under exist- because someone somewhere recog- every—every—new regulation creates a ing law. While it is true that certain nized their potential. There are man- new cost. I also have real doubts that employees and certain conversations agers and mentors committed to their this raw data will give the administra- are protected, there is no reason why team. Men and women across the work- tion what it is looking for. Instead, it we can’t apply the same freedom to all force are focused on cultivating does risk presenting a distorted picture Americans. As I discussed previously, strengths and providing thoughtful of pay data. Moreover, it remains un- surveys suggest that over one-third of feedback in areas that need improve- clear how this information would even private sector companies have specific ment. identify discrimination. The data does prohibitions in place. Unfortunately, there are also stories not take into account other factors, in- I am encouraged by the support we of pain, discrimination, and bias. We cluding years of experience, education have already garnered on both sides of all have friends and neighbors, sisters level, and productivity, and they are the aisle for this bill, the straight- and mothers who were treated unfairly appropriately used to determine a per- forward update to our equal pay laws. at some point in their careers. But si- son’s wages. It is achievable. We are all here to find lence does not foster progress. I want Looking at big data alone fails to tell solutions that both Republicans and to help every woman and every man the whole story. I am concerned that Democrats can achieve for the Amer- put a stop to unfair pay practices, and the rigid compensation structures re- ican people. An all-or-nothing atti- this starts by breaking the barriers to sulting from the President’s proposal tude—well, that only prevents open discussion. could force businesses to provide em- progress, and it leaves us with the false Few realize the extent of this prob- ployees with less flexibility, and that choices and stereotypes that have per- lem. In 2003 the University of Pennsyl- would deal an even greater blow to sisted for decades. vania conducted a study on how sala- women. The same is true with the Pay- Last week I was encouraged to hear ries are discussed in the private sector. check Fairness Act. While it is very Senator MIKULSKI and several other The survey found that over one-third of well-intentioned, it will ultimately Democrats hold a press conference and private sector employers have specific hurt flexibility for women to form discuss the importance of protecting rules prohibiting employees from dis- unique work arrangements, and it will workers against retaliation for dis- cussing their pay with their coworkers. undermine merit-based pay. Instead, cussing their salaries. I agree. Pro- This was reinforced by another survey we should be empowering both employ- tecting workers who seek this informa- from the Institute for Women’s Policy ers and employees to negotiate flexible tion is a crucial step toward ensuring Research. Roughly half of workers re- work arrangements that best meet that women and men are compensated ported that discussing wages and sala- their individual needs. fairly. ries is either discouraged or prohibited I agree we have more work to do on With that in mind, I call on my and/or could lead to punishment. It equal pay, but the way we can make friend from Maryland and any other went on to note that pay secrecy ap- meaningful and lasting progress isn’t Members of this body to work together pears to contribute to the gender gap through a misguided Executive action on solutions to this problem. Wage in earnings. that could hurt women. To make a dif- transparency is an area of common These studies point to a common ference in the lives of working fami- ground. Democrats praised the Presi- problem—one that is fueling anger, re- lies, we must focus on building bipar- dent’s Executive order in 2014, and my sentment, and fear. The American tisan consensus. I have been working bill goes further: It protects more workforce is lacking protections for hard to do just that by collaborating American workers. If we are going to employees to engage in this open dia- with my colleagues and generating sup- make real, meaningful change, we are logue about their salaries. People are port for my bill, which is known as the going to have to work together. We afraid to ask how their salary com- Workplace Advancement Act. should not let raw politics stand in the pares to their colleagues. Meanwhile, I believe every American worker way of progress for working women. current law does not adequately pro- should have the ability to discuss com- Congress has a real opportunity to tect workers against retaliation from pensation without fear of retribution. make a difference for both men and employers who want to prevent those My legislation breaks down the bar- women who work hard every day to conversations about their compensa- riers to open dialogue, allowing em- provide for their families. Above all, tion. ployees to ask questions and gain in- we can help them succeed and prosper If you want to know how your salary formation. Access to this information in the workforce while being secure in compares to your colleagues, you could enable workers to be their own the knowledge they are compensated should have every right to ask. This is best advocates and let them negotiate fairly for their work.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.010 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1886 CONGRESSIONAL RECORD — SENATE April 12, 2016 Mr. President, I yield the floor. did it say? It said: If you come back gases between 26 and 28 percent by The PRESIDING OFFICER (Mr. SUL- with the Kyoto treaty and it does one 2025—this plan, which attempts to do LIVAN). The Senator from Oklahoma. of two things, we will vote against it. through regulation what the President f That was 95 Members; there were 5 peo- was unable to do through legislation, ple absent that day. stands on very shaky legal ground. PARIS CLIMATE AGREEMENT They said they would not do it if two Most recently, the Supreme Court Mr. INHOFE. Mr. President, I think things were in it: No. 1, if it is an eco- joined the chorus in signaling to the Senators THUNE and NELSON have done nomic hardship on the United States of President that the President’s efforts a great job of putting together the re- America, and No. 2, if you come back on climate change are dead on arrival. authorization bill for the FAA. It is with a treaty that doesn’t treat devel- This is the U.S. Supreme Court. something that should have been done oping countries the same as developed I think we owe it to the 196 countries some time ago. We are hoping the countries. In other words, if we have to to let them know that nothing is going House will adopt what we have or do something in the United States that to happen once they get here. I think it something close to it because we are China doesn’t have to do, that India is nice if they all want to come and getting ready to do this. It is signifi- doesn’t have to do, that Mexico doesn’t tour America and spend their money, cant. have to do, then we will vote against maybe take old Highway 66 down I want to mention something that it. through my State of Oklahoma and see people may not be aware of. This Of course, they came back with what America really looks like. I month leaders from around the world something that violated both. So there would love to have them come. But I are going to meet in New York to sign was never any possibility that it was want to make sure they know that nothing is going to happen in terms of the Paris climate agreement—an going to pass, and it didn’t. We subse- the President’s Clean Power Plan or agreement that hinges entirely on quently rejected four cap-and-trade his broader international commit- President Obama’s commitments to re- bills in the following 13 years. duce emissions in the United States. This past year a bipartisan majority ments. The Supreme Court dealt the Presi- In Paris, he said: We commit that the in both the Senate and the House spoke dent’s legacy a major blow when it United States will reduce our CO2 emis- again when we passed two resolutions sions somewhere between 26 and 28 per- voted 5 to 4 in February to block the of disapproval formally rejecting Presi- implementation of Obama’s Clean cent by 2025. dent Obama’s carbon regulations. Of course, that is just not going to Power Plan while it is being litigated There is a little thing a lot of people by over 150 entities, including 27 happen. don’t know about called the CRA, the States, including Oklahoma, which are President Obama has three legacies, Congressional Review Act. That means as his days are now numbered. One of filing a lawsuit to make sure this does if the President tries to do something not happen. So we have a majority of them is to take away people’s guns. We that is against the wishes of the people States in America saying: Not only do all know about Second Amendment through their elected representatives, we not want it, but we are suing them rights. Every time something happens, then you can pass a CRA—Congres- to make sure it is not implemented. they always try to restrict gun owner- sional Review Act—that will reject the There are also 24 trade associations, 37 ship. He still wants to do that. Closing regulation. So we passed two resolu- electric co-ops and 3 labor unions chal- Gitmo is another one. The third one we tions formally disapproving what he lenging EPA in court. They are all fil- are trying to survive is his global was trying to do. ing these lawsuits, so the Supreme warming program. So I say to the 196 countries that Court comes along and says: Until While the President has been work- might show up here: Don’t show up an- these are resolved, we are going to stay ing to solidify his legacy on global ticipating that something is going to the regulation. warming, he has chosen to ignore the happen, because it is not. This isn’t This decision delays implementation reality that the United States will not even supported by a majority of the of the rule until the next President and keep his carbon promises. The docu- Members of the Senate or the House. completely upends Obama’s Paris com- ment that will be signed on April 22— Congress has continuously shown that mitments. Without the central compo- Earth Day—will soon be added to the the American people don’t want the nent of his international climate agen- president’s stack of empty promises on Federal Government imposing harsh da, achieving the promises he made in global warming. This has been going on penalties like cap and trade to address Paris is a mere pipe dream. Even with since 1997. While President Obama will the highly contested theory of man- the Clean Power Plan, the United undoubtedly issue a press release prais- made global warming. States would fail to meet 45 percent of ing the signing as a ‘‘historic’’ event— The first attempt to enact cap and the promised greenhouse gas emission he won’t even be attending. That trade back in 2003 would have cost our reductions. Now, with the Supreme should be a good indication that he economy upwards of $400 billion a year. Court’s stay on these regulations, knows he is not going to be able to do I say to our good friend from Alaska there could be an even greater deficit. this. He is not even going to be there. who is the Presiding Officer right now If the Clean Power Plan is overturned, Once again, I want to make sure the that every time I hear a large figure, I the United States will miss the mark international participants are warned take the current population in my by about 60 percent. Furthermore, the that the President’s climate commit- State of Oklahoma—those families who litigation on the Clean Power Plan ment lacks the support of his own gov- actually pay Federal income taxes— won’t likely get resolved until 2018. ernment and it is going to fail. There is and I do the math. In this case, this That means the regulations will be no question about that. I can say that would cost in the neighborhood of blocked for at least the next 2 years, as because history has already repeated $3,000 per family, and of course, as I the chart shows. itself. I have been on the frontlines will demonstrate in just a minute, they First, on June 2, the three-judge dating back to the failed Kyoto treaty will get nothing for that. panel on the DC Circuit will need to of 1997. For over 20 years, history has In 2003 the first bill that came up hear the case. The three-judge panel been repeating itself, and I have been would have cost upwards of $400 billion. will issue a decision sometime this fall, on the frontlines dating back to that This has not been contested, and the and it will almost certainly be chal- time. numbers aren’t much different from lenged with a request for an en banc re- This is kind of interesting. In 1997 what the President is trying to do view by the entire DC Circuit. A deci- President Clinton and Vice President right now with his Clean Power Plan, sion from an en banc panel won’t come Gore went to the Kyoto convention. which he is trying to do through regu- until much later—likely by the end of They signed the treaty and they lation because he knows it won’t pass the year, as we can see on the chart. thought: This is great. Everyone is as legislation. This decision will almost certainly be going to have to do cap and trade. The Clean Power Plan—the center- appealed to the U.S. Supreme Court. If They got back here, and there was a piece of the President’s promise to the the Court decides to hear the case, a little thing called the Byrd-Hagel reso- international community that the final decision is expected in late 2017 or lution. It passed this body 95 to 0. What United States will cut greenhouse 2018.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.004 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1887 The DC Circuit has already decided 34 Senators and 171 House Members in mate change. The survey found that to delay hearing the case on the Clean an amicus brief filed in the DC Circuit roughly one out of three meteorolo- Power Plan’s sister rule on carbon con- arguing that the Clean Power Plan is gists do not believe man is the primary trols for new power plants until after illegal. The plan would cause double- cause—if, in fact, it is happening. the November elections, signaling lit- digit electricity price increases in 40 Overall, neither the American people tle appetite for allowing this to be an States and have no impact on the envi- nor Congress supports the President’s easy, quick legal review of Obama’s ronment. Further, these regulations detrimental climate change agenda and carbon mandates. would prevent struggling communities his attempt to bolster his personal leg- Similar to the Clean Power Plan liti- from accessing reliable and affordable acy with empty promises. gation, any decision on a new source fuel sources, which could eventually Let me wind up and say that we wel- rule—new sources of power plants— lead to poor families choosing between come the international community to would likely be appealed to the Su- putting food on the table and turning come over here, but with regard to the preme Court, with a final decision ex- the heat on in the wintertime. Paris Climate Agreement, nothing is pected in 2018. Critically, the new Much of the focus this past year has going to happen. source rule is a legal prerequisite for been the Clean Power Plan and the I wish to mention a couple other the Clean Power Plan, so without the Paris Agreement that is reliant on its things. Many countries quickly jumped new source rule, there is no Clean success. The administration has the on the global warming bandwagon that Power Plan. power generation sector in its cross- the United Nations was trying to sell The success of Obama’s carbon man- hairs, but they will not stop there. We to the world and instill an obligation dates hinges not on just one but on two know that. We are keenly aware of to impose associated restrictions. Aus- Supreme Court wins that will be de- Obama’s war on fossil fuels—coal, oil, tralia was one of the first countries to cided well after he leaves office. He will and natural gas. join in. They did this several years be long gone. And with a new adminis- If I don’t have to be someplace in ago—until they realized what it cost, tration needing to fill a vacancy next conjunction with my obligations with and then they came back and passed year on the Court—who knows how the Senate Armed Services Committee, legislation taking themselves off of that will impact or delay consideration I go back home every weekend. They this so that they are no longer legally of pending cases. ask questions you don’t hear in Wash- obligated to do anything about their We are clearly a long way off from ington. They ask: Now, wait a minute, emissions. If you stop and think about China, knowing the outcome of the Presi- if we are reliant upon fossil fuels—coal, every 10 days China is building a new dent’s carbon regulations. You oil, and gas—for 85 percent of the coal-fired power plant. This is the wouldn’t know that when you hear the power necessary to run this machine country the president is using to jus- releases that came from Paris saying called America and if Obama is suc- tify his own climate agenda while con- this has been a great success. He made cessful in killing coal, oil, and gas, vincing the American people China is the commitment as to what kind of re- then how are we going to run this ma- making similar contributions to reduc- ductions we are going to have when he chine called America? in his own mind knew for a fact that That is a logical question, but not ing greenhouse gases. The problem with this is that China admits they are was not even a possibility. here in Washington. You don’t hear So we are a long way from knowing going to continue to build coal-fired that here in Washington. the outcome of the President’s carbon The Clean Power Plan is a template plants and increase emissions until the regulations that were written to help for unauthorized action, and if it works year 2030 and then they will consider fulfill his pledge to international com- for one sector, future bureaucratic reducing their emissions. We know it is munities. But, as I said, Obama will be agencies will use it to restructure not going to happen. Lastly, I remember when Lisa Jack- long gone by that time. every industrial sector in this country. It is important for the 196 countries son was appointed by President Obama. The immediate threat to future genera- involved in the Paris climate agree- She was his first appointment as Ad- tions is not climate change. The cli- ment to understand what I am saying. ministrator of the EPA. I remember mate is always changing and will con- The Congress, the courts, climate ex- talking to her in a public meeting live perts, and industry are all pointing to tinue to do so regardless of who is in on TV, and I asked her the question: the same conclusion: President the White House. Let’s assume that one of these pieces of Luckily, the American people have Obama’s climate pledge is unattain- legislation passes on cap and trade or caught on to the President’s climate able, and it stands no chance of suc- that through regulation they are able charade. But don’t take my word for it; ceeding in the United States. For the to do it. Is that going to have the effect just look at the polls. I can remember sake of the economic well-being of of reducing overall emissions world- back when the first bills were coming America, that is a good thing. Again, wide? out. There was the McCain-Lieberman we still would welcome the 196 coun- She said: No, because this isn’t where tries to come over here and enjoy bill in 2003, and we looked at the bill. the problem is. The problem is in America, but don’t expect any of Presi- At that time, the polls showed that China; it is in India; it is in Mexico. dent Obama’s climate promises to hap- global warming was either the No. 1 or In fact, you can actually say this pen. No. 2 concern in America. That has all could have the effect of increasing A few countries have taken note. changed. A FOX News poll found just emissions because as we chase our Specifically, China and India, two of the other day that 97 percent of Ameri- manufacturing base overseas, it may the world’s largest emitters of green- cans don’t care about global warming go to countries like China that have house gas, are now second-guessing the when they stack it up against ter- lower environmental standards and legitimacy of Obama’s commitments. rorism, immigration, health care, and will ultimately increase emissions, not Navroz K. Dubash, a senior fellow at the economy. Even an ABC News/Wash- decrease. the Center for Policy Research in New ington Post poll from last November So the President’s international cli- Delhi told the New York Times that found that the number of Americans mate commitment is not going to hap- ‘‘[the Supreme Court stay] could be the who believe climate change is a serious pen. I want to make sure people are proverbial string which causes Paris to problem is on the decline. According to aware of that. We wouldn’t want them unravel.’’ the Gallup poll—they have a big one coming over here under the impression Zou Ji, the deputy director general of every March—the Gallup poll in March that something is going to happen China’s National Center for Climate of 2015 had global warming coming in when it is not. Change Strategy and International Co- dead last of environmental issues that f operation, also told the New York people are concerned about. George Times: ‘‘Look, [if] the United States Mason University did a poll of 4,000 TV EXTENSION OF MORNING doesn’t keep its word, why make so meteorologists, and it also dispelled BUSINESS many demands on us?’’ the President’s talking point that Mr. INHOFE. Mr. President, I ask In another display of solidarity there is 97-percent consensus among unanimous consent that morning busi- against Obama’s climate agenda, I led scientists that humans are driving cli- ness be extended until 12:30 p.m.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.005 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1888 CONGRESSIONAL RECORD — SENATE April 12, 2016 The PRESIDING OFFICER. Without cause they are former air traffic con- Fortunately, accidents are infre- objection, it is so ordered. trollers. Without full-time instructors, quent, and anecdotally I am told that f we need four times as many part-time in the past 10 to 15 years, there have instructors to provide the needed in- been perhaps five or six lawsuits in- ORDER FOR RECESS struction time to train for the next volving volunteer pilots and volunteer Mr. INHOFE. Mr. President, I ask generation of controllers to manage pilot organizations. So the problem unanimous consent that the Senate re- the air traffic at our control towers, so isn’t that that is actually going to hap- cess from 12:30 p.m. to 2:15 p.m. that means the FAA must bear four pen, but it is the fact that there is a The PRESIDING OFFICER. Without times the cost of training new instruc- deterrent there to discourage people objection, it is so ordered. tors. I am glad this bill will remove the from doing what they want to do, what f government regulations that discour- a Good Samaritan does. The volunteer age full-time instructors. I thank my FAA REAUTHORIZATION BILL pilot organizations that work to co- colleagues for working with me to ad- ordinate volunteer pilots do not need Mr. INHOFE. Mr. President, I would dress this problem. to maintain databases of lawsuits and yield the floor, but I don’t see anyone Another one—and this is very signifi- the results of lawsuits precisely be- else here. cant. This is volunteer pilot protec- cause they are so infrequent. If there I would like to comment on the FAA tion. Last week I offered an amend- were a lot of accidents and resulting ment for consideration that supports reauthorization bill. I had a couple of law suits, I think it is fair to say the volunteer pilots. This is a Good Samar- amendments to it, and I want to men- FAA, NTSB, and volunteer pilot orga- itan law for pilots. Across the country, tion that both of my amendments have nizations themselves would be inves- there are a lot of volunteer pilots. I now been accepted. I feel very good tigating whether volunteer pilot activ- myself have done this. I have been an about that. I think we are currently ity was a safe activity to begin with. active commercial pilot for 60 years. I considering a bill that is very nec- The larger concern for volunteer can remember several times—once essary to go ahead and get passed. pilot organizations is that pilots will going down to an island just north of I again commend Senator THUNE and not volunteer for fear of being involved Caracas, Venezuela, that had been Senator NELSON for working yesterday in a lawsuit, which would then prevent wiped out by a hurricane. I found 10 pi- to get through a number of important a needy service from being provided. So lots to take down with me, medical amendments that were approved by the it is more about what the lawyers say supplies, food, and all of that. Senate. Included in the group was an the potential could be, and that has a amendment I offered that would direct During that time, if something had happened, even though he was a Good direct impact on recruitment for vol- the FAA to establish rules to allow unteer pilots. Looking ahead, if a pilot critical infrastructure owners and op- Samaritan—he was doing it at his own expense—he could have been sued for were ever successfully sued and his or erators to use unmanned aircraft sys- her assets were at risk, it would be too tems to carry out federally mandated any number of exposures that are out there. late to act to prevent a mass exodus of patrols and to perform emergency re- volunteer pilots. sponse and preparation activities. This People are generous with their time and provide at no cost air transpor- This amendment is about making is one I feel very strongly about be- tation to someone in need of special- sure there continues to be volunteers cause there is a lot of controversy ized medical treatment. We have done who are willing to provide much-need- around drones, but we do know there that before too. This amendment would ed assistance. The amendment is not are some things that have to be done— provide those volunteer pilots limited agreed to yet, but it recognizes the pipelines, for example. It is just as easy liability protection as long as they fol- value of volunteer pilots and their con- for a drone to do it, and it can be done low appropriate procedures, as long as tribution to the public good. I urge my in all kinds of weather. they have the required flight experi- colleagues to be supportive of this ef- This amendment would apply to en- ence and maintain insurance. My fort. ergy infrastructure, such as oil and gas amendment would not eliminate liabil- In conclusion, I thank Senator THUNE and renewable electric energy. It would ity but would limit it in certain cir- for his leadership, as well as Senator apply to power utilities and tele- cumstances. Furthermore, volunteer NELSON, for bringing this bill to the communications networks. It would pilots who do not meet all require- floor. I look forward to a robust apply to roads and bridges and water ments or who are guilty of gross neg- amendment process. supply systems operators. ligence or intentional misconduct In fact, I encourage anyone who has This amendment provides needed don’t have any protections. Further- an amendment to come down, present congressional direction to the FAA more, the pilots are required to main- his amendment, and talk about it. One where there is a clear and articulable tain liability insurance to qualify for of the problems we had during the need, and I am glad it was accepted the protection. highway bill was not being able to get yesterday. I thank Senators BOOKER, In the 1997 Volunteer Protection Act, Members to bring their amendments HEITKAMP, WHITEHOUSE, MORAN, and Congress recognized that the willing- down, and it ended up delaying the bill KING for cosponsoring this amendment ness of volunteers to offer their serv- for several weeks, which was totally with me. ices is deterred by a potential for li- unnecessary. I also encourage the I want to turn to a provision that is ability actions against them. I think House to take up and pass this bill. in the base text of the FAA bill that is that makes common sense. I think we With that, I yield the floor. of particular importance to Oklahoma all understand that. This amendment I suggest the absence of a quorum. but impacts the entire aviation com- remains true to congressional intent The PRESIDING OFFICER (Mr. munity—the commercial, military, and and removes a disincentive that keeps FLAKE). The clerk will call the roll. general aviators—and that is because it pilots from volunteering to fly finan- The legislative clerk proceeded to impacts air traffic controllers. cially needy medical patients, humani- call the roll. The FAA bill, which is the bill we are tarian and charitable efforts, or other Ms. HIRONO. Mr. President, I ask considering right now, includes a provi- flights of compassion to save lives and unanimous consent that the order for sion to encourage the hiring and reten- to provide great benefit to the public. the quorum call be rescinded. tion of high-quality air traffic con- Pilots are not going to get more The PRESIDING OFFICER. Without troller instructors. This is particularly reckless or choose to act more dan- objection, it is so ordered. important to me because the FAA gerously because they have liability (The remarks of Ms. HIRONO per- Academy, which is where all the air protection. Pilots are already at risk, taining to the introduction of S. 2784 traffic controllers are trained, is lo- and they are a risk-adverse group be- are printed in today’s RECORD under cated in Oklahoma City. These instruc- cause every time they fly, they take ‘‘Statements on Introduced Bills and tors, who are required to have prior ex- their own life in their hands—regard- Joint Resolutions.’’) perience as air traffic controllers, are less of why they are flying. These pi- Ms. HIRONO. I yield the floor. discouraged from working full time due lots are acting out of the goodness of The PRESIDING OFFICER. The as- to existing government regulations be- their hearts and willingness to help. sistant Democratic leader.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.007 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1889 NATIONAL EQUAL PAY DAY would also mean women and their fam- the battle for suffrage that we want to Mr. DURBIN. Mr. President, I thank ilies would have more to spend on basic preserve and be able to display. It is the Senator from Hawaii for her leader- goods and services, and that is good for what it stands for: the fact that women ship on this issue, and I will be yielding our economy. are included fully in our society. the floor to the lead sponsor of today’s So what do we have to do to close We had to fight every single day in effort. this wage gap? We can pass the Pay- every single way to be able to advance Our Nation is built on the belief that check Fairness Act introduced by my ourselves. Even when the men were in anyone who works hard should have colleague Senator MIKULSKI and my Philadelphia writing the Constitution, the opportunity to achieve the Amer- friend and colleague Senator MURRAY. thinking great thoughts and doing ican dream. Yet there are women Employers still maintain policies that great deeds, Abigail Adams was back in across this country who are doing the punish employees who voluntarily New England running the family farm, same job as their male colleagues and share salary information with cowork- keeping the family together, and she being paid less. That is why today, on ers. This makes it nearly impossible wrote John a letter saying: Don’t for- National Equal Pay Day, I stand with for employees to find out whether they get the ladies because if you do, we will my fellow Senators to renew our ef- are being paid fairly. ferment our own revolution. forts to ensure equal pay for equal This bill would provide women the In our country, we call revolutions work. same remedies for pay discrimination social movements where ordinary peo- Fifty years after the passage of the as people who are subjected to dis- ple organize and mobilize to accom- Equal Pay Act, women still only earn crimination based on race and national plish great deeds to move democracy 79 cents on every dollar paid to a man. origin. It would also close loopholes in forward. It took us over 150 years to This wage gap is even worse for women current law that still permit retalia- get the right to vote in 1920. We are of color. African-American women who tion against workers who disclose their coming up on the anniversary of suf- work full time make only 60 cents for wages. frage, but it is not only that we got the every dollar paid to white males. His- The Paycheck Fairness Act would right to vote, it is what that right to panic women earn only 55 cents. build on the success of the Lilly vote means. We wanted to be able to Women are paid less even when fac- Ledbetter Fair Pay Act, which clarified participate fully in our society. We tors such as age, education, occupa- the 180-day statute of limitations for wanted to be able to exercise our voice tion, and work hours are taken into filing a lawsuit on pay discrimination in terms of choosing leaders who will consideration. In nearly every occupa- that resets with each affected pay- choose the right policies. Along the tion in our country, women’s median check. This was the first bill signed way, we have been advocating those earnings are less than their male com- into law by President Obama in 2009. policies. petitors. It is no different for women in The Senator from Maryland remembers In 1963, working with the President, my State of Illinois. The median earn- that day because President Obama who was committed to civil rights, ing for Illinois women is $10,000 less signed the bill, took the first pen that Lyndon Johnson, the equal pay for than the median earning for men. he used to sign it, and handed it to the equal work act was passed as part of a Senator from Maryland. While African-American women in Illi- great step forward in three major civil Ms. MIKULSKI. Yes. nois make slightly more than the na- Mr. DURBIN. I remember that be- rights bills. We thought we had settled tional average, Hispanic women are cause I stood there and thought: That the issue, but, no, 50 years later we paid even less—48 cents on the dollar. is entirely appropriate that a Senator have only gained 19 cents—19 cents. At Think about that. Hispanic women are who has dedicated her life to this kind that rate, it will take us until 2058 to making less than half the earnings of of fairness and equality for women at get equal pay for equal work. That is their male coworkers who have similar work would receive the first pen from not the way it should be. We need to levels of education and do the same the first bill signed into law by this make sure we eliminate the barriers job. This isn’t right, and it isn’t fair. new President. and impediments that allow this to The gender wage gap translates into My Republican colleagues: Why keep happening. nearly $11,000 less in median earnings aren’t you with us on this issue? Don’t When we women fight for equal pay, for women each year and over $430,000 you agree that your daughter should be we are often sidelined, redlined, pink- in lost wages over a lifetime. Now that paid the same as your son for doing the slipped, harassed, or intimidated. We women are the sole or primary bread- same work? It is a basic issue of fair- are often confronted with: Why are you winners in 4 out of 10 families, this ness. It shouldn’t have anything to do doing this? And then we are often har- means less money for food, housing, with party labels, so we invite you to assed for doing it. and education. It is no wonder the pov- join us. This should not be a partisan People may say: Senator BARB, didn’t erty rate for female heads of house- issue at all. Certainly for women at you take care of that when you passed holds continues to be disproportion- work, it is not partisan. It is just a the Lilly Ledbetter Fair Pay Act in ately high. matter of fairness. I urge my col- 2009. The Lilly Ledbetter legislation, of This disparity follows women into leagues to support this legislation. which I am so proud, has kept the their retirement since retirement sav- I yield the floor. courthouse doors open by changing the ings and Social Security are based on The PRESIDING OFFICER. The Sen- statute of limitations, but now we need income earned. In Illinois, the average ator from Maryland. to pass legislation to end the loopholes weekly Social Security benefit for fe- Ms. MIKULSKI. Mr. President, I that are often strangleholds on women male retirees is 77.3 percent of the av- come to the floor to join my colleagues getting equal pay in the first place. erage for Illinois males per week. While in calling for equal pay for equal work I have legislation pending called the female retirees receive less, on aver- for women. Paycheck Fairness Act. That Paycheck age, compared to men under Social Se- I just left the President of the United Fairness Act does three things. First of curity, women tend to live longer and States. He is right up the street at the all, it stops retaliation for even sharing spend more on medical care, forcing Sewall-Belmont House. This is the pay information in the workplace. them to do more with less. home of the National Woman’s Party Right now, if you ask, you are forbid- What would happen if we closed this in which so much organizing and den to tell, or get fired. If you ask, you wage gap? Amazing things. Sixty per- strategizing took place to get women are forbidden to tell, or get fired, or if cent of women would earn more if they the right to vote. The President is you are a man working side by side were paid the same wages as their male there to declare that building a na- with a woman and you want her to counterparts, nearly two-thirds of sin- tional monument to commemorate the know that as a nurse, as a computer gle working mothers would receive a tremendous work that was involved in software engineer, what your pay is, pay increase, and the poverty rate for getting suffrage, under the Antiquities and there is an opportunity, she could women would be cut in half. It would Act, and that is his right to create get fired and he could get fired. This is mean fewer families in poverty and that. wrong. fewer families would need safety net It is not only the building we want to We also want to stop employers from programs. Equal pay for equal work preserve. It is not only the records of using any reason to pay women less,

VerDate Sep 11 2014 02:04 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.021 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1890 CONGRESSIONAL RECORD — SENATE April 12, 2016 such as he has a better education. Use day that our country guaranteed equal ues. It is about who we are as a people the same education for the same job. pay for women, but that is not what it and what kind of country we are trying We are willing to compete. We are out is about—not even close—because in to build for both our sons and our there. More women are in college. More the year 2016, at a time when we have daughters. women are Phi Beta Kappas. More self-driving cars and computers that fit Today, we recognize Equal Pay Day, women are getting ahead. on our wrists, women still make only and we fight today because we don’t Then we heard: He has to be paid 79 cents for every $1 a man makes, and want to have to recognize it year after more because he is the breadwinner. we are still standing in the U.S. Con- year after year in the future. What are we, crumbs? If he wins the gress debating whether a woman I thank the Presiding Officer and bread, we want to be winners too. Very should get fired for asking what the yield the floor. often it is women in the marketplace guy down the hall makes for doing ex- The PRESIDING OFFICER. The Sen- who are now either the sole bread- actly the same job. ator from Wisconsin. winner or also a significant bread- So why do we recognize April 12 as Ms. BALDWIN. Mr. President, I come winner, and the men or the partner Equal Pay Day? It took the average to the floor today on Equal Pay Day to they love says: We want you to get woman working from January 1 of last stand up and speak out about an issue equal pay for equal work as well. year until today to make as much as that impacts women and families in So we don’t want to hear: He is the the average man made in 2015. That every State across this great country. I breadwinner. We don’t want the means she had to work an extra 31⁄2 rise to give voice to the fact that there crumbs anymore. We want to be paid months in order to make what a man is paycheck inequality for working equal pay for equal work. We also want made last year, and that means, once women across this country, and it is punitive damages for women who are again, she starts the year in a hole. time that we do something about it. discriminated against. Backpay alone Equal Pay Day isn’t a national day of Working women make up over 50 per- is not a strong enough deterrent. celebration. It is a national day of em- cent of our workforce, and they are I want my colleagues on the other barrassment. working harder than ever to get ahead. side of the aisle to know they have We hear a lot about how the economy But far too many are barely getting by, ideas. One of my colleagues spoke on is improving, and there is good news to and far too many women and children the floor earlier today. I have such ad- point to. Unemployment is under 5 per- are living in poverty. In Wisconsin, the miration for her. She is a fine Senator, cent, GDP continues to rise, the stock economy is lagging behind other and she agrees with the thrust of the market is up, but too many families States. Household incomes are falling press conference we had. We have faced across the country feel like the game is and communities across our State are this in the past, where we share the rigged against them. They work hard, experiencing job loss and layoffs. In same goal, but we differ on means. My they play by the rules, and they still fact, recent reports have concluded means, I must say, are the way for- struggle to make ends meet. Here is that poverty in Wisconsin has reached ward. These means are the way forward the thing: They are right. The game is alarming levels. because they solve the problems. rigged against working families, and The least we can do is to level the Of course, we will sit down and talk, pay discrimination is part of that. playing field and give women a fair have conversations, and see what we For women, it has been a one-two shot at getting ahead, because they de- can do, but at the end of the day, we punch in the gut. For decades, wages serve equal pay for equal work. So I am face this issue: It costs more to be a have flattened out for American work- proud to join several of my colleagues woman. Women pay more for every- ers, and for women the wage gap just today to deliver a call for action to thing. Women pay more in medical compounds that problem. If we closed pass the Paycheck Fairness Act. costs than men, given the same age and both the productivity wage gap and the I would like to share the story of the same health status. Women pay a gender wage gap from 1979 to 2014, Shannon. Shannon is a single mother significant amount of money for women’s median hourly wages would be of three from Two Rivers, WI. She is childcare. Guess what. Women get 70 percent higher today. working hard to support her family. In charged more for dry cleaning. We have Even though we have solid data, the order to help her family get ahead, to pay more for our blouses being Republicans in Washington refuse to Shannon has continued her education cleaned than men to have their shirts act. Heck, they would rather spend to advance her career as an interpreter washed and pressed. their time trying to defund Planned in a school. But she faces the grim re- We are tired of being taken to the Parenthood health clinics and cut ality that women teachers are often cleaners. We want equal pay for equal women’s access to birth control than paid less than their male counterparts. work. Whether we are U.S. Senators, do anything—anything at all—to give It is not just teaching. When we look whether we are nurses or executive as- working women a raise. at men and women working equivalent sistants or others, we want equal pay So, yes, the game is rigged when jobs across different industries, women for equal work. women earn less than men for doing are making less than their male coun- We stand with the women’s soccer the same work. It is rigged when terparts across the country. This pay- team. They kick the ball around, but women can be fired for asking how check inequality is holding women we are tired of being kicked around. So much the guy down the hall makes for back, and it is holding our entire econ- give us equal pay for equal work. Pass doing the same job. It is rigged when omy back. Closing the gender pay gap the Mikulski coeffort to get equal pay women have to choose between healthy would give Shannon and her family for equal work. I think we can then pregnancies and getting their pay- more financial freedom to better deal move forward. Why should our women checks. It is rigged when women can with the daily issues that working go to the Olympics winning the gold, get fired just for requesting a regular moms face. Whether it is an unex- when they don’t get paid the gold? So work schedule to go back to school or pected car problem or children out- it is time for a change, time for a dif- get a second job. It is rigged when growing their clothing and their shoes, ference, and time for something we can women earn less their whole lives so whether it is help to pay off student do. that their Social Security checks are loan debt or the ability to save a little I yield the floor. smaller and their student loans are big- bit of their paycheck to ensure that The PRESIDING OFFICER. The Sen- ger. The game is rigged against women their kids have a chance for a higher ator from Massachusetts. and families, and it has to stop. education, working families across Ms. WARREN. Mr. President, I wish I am standing with my colleagues America need paycheck fairness to en- to say a special thank-you to Senator today. I am standing with women and sure they have a fair shot at getting MIKULSKI for her terrific leadership on friends of women all over the country ahead. all of this. to demand equal pay for equal work. It Millions of American women get up Today is Equal Pay Day. By the is 2016—not 1916—and it is long past every day to work hard for that middle sound of it, one would think it is some time to eliminate gender discrimina- class dream—a good job that pays the sort of historic holiday commemo- tion in the workforce. This is about ec- bills, health care coverage you can rely rating the anniversary of a landmark onomics, but it is also about our val- on, a home that you can call your own,

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.013 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1891 and a secure retirement. But instead, growth where women are treated fairly dustry, across hundreds of occupations, gender discrimination in pay is holding in other countries. from elite professionals to everyday women and their families back. It is an important value for America. blue-collar workers. There are complex Let’s pass the Paycheck Fairness Act We have promoted gender equity issues factors that contribute to the gender and strengthen families and our econ- in our foreign policy, our development pay gap, but according to a new study omy by providing working women with assistance, and in our diplomacy. But by the Joint Economic Committee, as the tools they need to close the gender for us to be effective globally, we first much as 40 percent of the pay gap can pay gap. By taking action, we will need to take care of our issues at be attributed to outright discrimina- show the American people our commit- home. tion. ment to building an economy that The Paycheck Fairness Act would do Probably, most people who have works for everyone, not just those at exactly that. It would deal with the watched TV in the last couple of weeks the top. issue of fairness in the workplace in have seen one particularly egregious Before I yield, I wish to take a mo- America. We are not where we need to example that has been cited, and that ment to thank and recognize the senior be. Everybody talks about the fact that is the U.S. women’s soccer team, whose Senator from Maryland, BARBARA MI- women aren’t paid as much; and that is members make only about one-quarter KULSKI, for her tremendous leadership true. But if you happen to be a minor- of what their male counterparts make. on this issue. It has been an honor to ity, it is even worse. We need to take Both the women’s and men’s soccer serve alongside such a champion for care of this for the sake of the Amer- teams work for the same employer, the women and families, and I am looking ican economy, for our values, et cetera. U.S. Soccer Federation. The women’s forward to continuing this particular This Senator has introduced legisla- soccer team generates significantly fight together and winning this fight tion that would allow us to pick up the more revenue than the men’s team. It together. ratification of the equal rights amend- has won the Women’s World Cup three I thank the Presiding Officer, and I ment so that we could have in the Con- times, including last year. It has been yield back. stitution of the United States fairness the Olympic champion four times and The PRESIDING OFFICER. The Sen- with no gender discrimination. This has been the world’s top-ranked team ator from Maryland. would be a lot easier. We only need for nearly two decades. Yet they are Mr. CARDIN. Mr. President, let me three States in order to ratify it and to paid a quarter of what men make. It is first thank Senator BALDWIN for her become a part of our Constitution. The hard to understand that under any cir- comments. I agree with her statement, late Justice Scalia noted accurately cumstances except outright discrimi- and I am also grateful for the leader- that there is nothing in the Constitu- nation. As outrageous as that case is, the ship of the senior Senator from Mary- tion that requires discrimination wage gap is even more damaging to the land and the leadership Senator MIKUL- against women; but there is nothing in 40 percent of American women who are SKI has shown on gender issues. The the Constitution that protects dis- paycheck fairness legislation is just a sole or primary breadwinners in house- crimination based upon gender. We can holds with children, to the women who recent example of her extraordinary do a better job with fundamental are waitresses and certified nursing as- leadership throughout her career on changes. sistants, and to secretaries who work gender equity issues. What we can do in this Congress now at jobs where equal pay is not only I particularly wanted to be here not is to take on paycheck fairness. That about fairness but it is also about pro- only to say how proud I am of Senator can get done in this Congress and can viding adequately for their families. It MIKULSKI but also to state that the be effective this year and can be the is about being able to afford Internet Paycheck Fairness Act is not about legacy of this Congress. I would urge access so their kids can do their home- women. It is about families, about our my colleagues: Let’s do this. We all work. It is about paying for their economy, and about fairness. It is talk about gender equity issues. With child’s inhaler. There is a lot that about American values. It affects ev- the bill that is pending on paycheck women breadwinners can do with that eryone in America. We all should be fairness, we can act and we can act extra $10,800 that women would earn on personally engaged in making sure now. We can make a major change in average if it were not for pay discrimi- paycheck fairness becomes law. To this American policy that will not only be nation. Senator, it is outrageous that a woman fair to women but will be fair to all I also serve as the ranking member has to work 5 days at the same work Americans and allow our economy to on the Senate’s Small Business and En- that a man works in 4 days for the grow. trepreneurship Committee, and I have same pay. That is inherently unfair With that, Mr. President, I yield the seen how similar gender gaps confront and needs to be corrected. The Pay- floor. women-owned small businesses. Just as check Fairness Act would do that. The PRESIDING OFFICER. The Sen- women on average are paid 21 percent I note that today is Equal Pay Day, ator from New Hampshire. less than men, a recent Commerce De- which basically reflects how long a Mrs. SHAHEEN. Mr. President, I am partment study found that the odds of woman has to work—basically without pleased to join my esteemed colleague businesses owned by women winning a getting a paycheck—in order to get from Maryland, who is here with a Federal contract are about 21 percent paid for the same amount of work as a number of other people to talk about lower than for otherwise similar com- man does in a year. the need to pass the Paycheck Fairness panies—for male-owned enterprises. As the Presiding Officer knows, as a Act to make sure that we end once and In workplaces across America, member of the Senate Foreign Rela- for all paycheck discrimination against women are speaking out more and tions Committee, this Senator has the women. more and are demanding equal pay. It privilege of being the ranking member I think the American people believe is time for Congress to do our job as on the committee. One thing we look very strongly in fairness, equal treat- well. I know from experience that leg- at is how other countries deal with ment, and a level playing field for ev- islation can make a difference. As Gov- basic rights. One of those rights is how eryone, because these are core Amer- ernor, I signed a law to prohibit gen- they treat their women. One of the ba- ican values. I think that is why people der-based pay discrimination in New rometers for determining how well a find it shocking and unacceptable that Hampshire and to require equal pay for country does is how well they are women in the United States continue equal work. We haven’t made as much treating women. If they treat women to be denied equal pay for equal work. progress as I would like at this point, well, they are generally doing much More than half a century ago, Presi- but at the time we signed that law, better. dent Kennedy signed into law the women in New Hampshire were making The truth of the matter is, in many Equal Pay Act, yet today wage dis- 69 percent of their male colleagues’ cases women do better in investments crimination continues as an ugly re- wages. Today, they are making 76 per- than men. They invest in children, ality across our Nation. Women earn cent or a little less than the national families, and economic growth, where- only about 79 cents for every $1 men average. as men are more likely to invest in earn. It is a disparity that exists at all Back in the early 1980s, I served on war. We see much more economic levels of education, in nearly every in- New Hampshire’s Commission on the

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.015 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1892 CONGRESSIONAL RECORD — SENATE April 12, 2016 Status of Women. I chaired a report on could not offer her a pay raise because the few States that have two Senators employment in New Hampshire. At of budget constraints. who are women. It is great to be here that time, women were only making 59 Sandy’s story is so common. On aver- with both of them. I would also like to cents for every dollar a man earned. age, women today make 79 cents for thank Senator BARBARA MIKULSKI for The conclusion of that report was that every dollar a man makes. The pay gap leading the effort for the Paycheck this has an impact not just on women, is even wider for women of color. That Fairness Act. She is the longest serv- but it is an impact on, of course, their is not just unfair to women; it hurts ing woman in congressional history. whole family. It is something that our families, and it hurts our economy. She has opened many doors for all of their children, their husbands, and Today, 60 percent of working families us. their entire family is affected by. If we rely on wages from two earners—60 per- When she first wrote her book about can close this pay gap for women, it cent. women in the Senate, it was called helps not only the women who make up More than ever, women are likely to ‘‘Nine and Counting.’’ Well, today, our two-thirds of minimum wage workers, be the primary breadwinner for their count is even higher, as there are 20 but it helps their families. It helps pull family. Women’s success in today’s women in the Senate. She was the first their kids out of poverty. economy is critical to families’ eco- woman—BARBARA MIKULSKI was—to We need to do more at the Federal nomic security and to our Nation’s chair the Senate Appropriations Com- level, and that is why I strongly sup- economy as a whole. We need to pass mittee. Because of her groundbreaking port the Paycheck Fairness Act. This the Paycheck Fairness Act to help work in this Congress, 10 committees legislation would empower women to close the wage gap. I so appreciate Sen- have either a chair or a ranking mem- negotiate for equal pay, it would close ator MIKULSKI’s tremendous leadership ber who is a woman. loopholes that courts created in the and passion on this issue. Her Pay- Today, as the presiding officer laws that are already in place, and it check Fairness Act would make it un- knows, President Obama formally dedi- would create strong incentives for em- lawful for employers to retaliate cated a new national monument to ployers to obey these laws. against workers for discussing pay. It honor women’s suffrage and equal This legislation is about basic fair- does so in a commonsense way that re- rights. I am a cosponsor of the bill to ness. It is about equal treatment. It is flects today’s reality in the workplace. have the Sewall-Belmont House named about creating a level playing field in It would empower women to nego- as a national historical site. The Bel- the workplace for our daughters and tiate for equal pay. It would close sig- mont-Paul Women’s Equality National our granddaughters and for every nificant loopholes in the Equal Pay Monument is named after Alice Paul American. It also is about making sure Act. It would create strong incentives and Alva Belmont, two leaders of the that their spouses, their children, and for employers to provide equal pay. National Woman’s Party. It will house their relatives benefit from making Passing the Paycheck Fairness Act is a an extensive collection that documents sure that they have the same access to critical stop on the long list of things the history of the movement for wom- equal pay as the men in the workplace we can do to build our economy from en’s equality. do. the middle out and make sure our What has happened in the last decade So I urge my colleagues to support country works for all families, not just or so? Well, in 2009, we passed the Lilly the Paycheck Fairness Act. Sixteen the wealthiest few. Ledbetter Fair Pay Act to make sure years into the 20th century is way past No matter where they live, no matter that workers who face pay discrimina- time to make good on our promise of their background, no matter what ca- tion based on gender, race, age, reli- equal pay for equal work in the United reer they choose, on average, women gion, disability, or national origin have States. earn less than their male colleagues, access to the courts. In doing so, we re- I yield the floor. even women soccer players on the U.S. stored the original intent of the Civil I suggest the absence of a quorum. Women’s National Team. The Women’s Rights Act and the Equal Pay Act. The PRESIDING OFFICER. The National Team has won three World Now it is time to prevent that pay clerk will call the roll. Cup titles. They have won four Olym- discrimination from happening in the The bill clerk proceeded to call the pic Gold Medals. But despite all of first place. We all know women have roll. their success, they are not immune made big strides in our country and in Mrs. MURRAY. Mr. President, I ask from the pervasive wage gap. In fact, our economy over the last few decades. unanimous consent that the order for on average as players, they earn four Women are getting advanced degrees. the quorum call be rescinded. times less than their male counter- They are starting new businesses. The The PRESIDING OFFICER. Without parts. It is not just about the men. Fortune 500 now has 20 women CEOs. objection, it is so ordered. Think about the message the wage gap That does not sound like much, but Mrs. MURRAY. Mr. President, we are sends to young girls who see women when you look back just a few decades, 103 days into 2016, and on Equal Pay valued less than men for doing the there were not any. Day, that number takes on significant, same work and, in the case of the wom- Yet, despite all of the progress we unfortunate meaning. Women have to en’s soccer team, doing it so much bet- have made and all of the gaps that we work 103 extra days to match what men ter. are starting to close, women in this earned last year. That is unacceptable. I am glad members of the women’s country still earn only around 80 cents Workers should be paid fairly for the national soccer team are taking a for every dollar a man makes. When work they do, regardless of their gen- stand to gain equal pay for the work two-thirds of today’s families rely all der. Closing the wage gap would help they do. In the Senate, we are going to or in part on the mother’s income—and grow our economy from the middle out, keep championing the Paycheck Fair- in about 40 percent of families the not from the top down. ness Act to make equal pay a reality mother is, in fact, the main bread win- I am glad to be here today with my for women across the country. I look ner—this pay gap has real con- colleagues to recognize Equal Pay Day, forward to an Equal Pay Day in the fu- sequences for American families and to stand up on behalf of women across ture that we can actually celebrate, our entire economy. the country, and to renew our call to once we finally achieve pay equity re- I wanted to focus on one issue at the put an end to the wage gap. Last year, gardless of gender. end here, and that is retirement sav- I heard from a woman named Sandy Until then, my colleagues and I are ings, which are maybe not the first from Seattle. Right out of college, going to keep fighting on behalf of all things you would think about when Sandy got a job at a local nonprofit. women and families until they get the you think about a pay gap. It is prob- After a couple of months of work, she equal pay they have earned. ably not what our young pages think was just chatting with a male col- I yield the floor. about. They don’t think: Well, what league and found out he was offered 20 The PRESIDING OFFICER. The Sen- about what the retirement gap? But, in percent more in salary for doing the ator from Minnesota. fact, it is something everyone should exact same job. She thought there had Ms. KLOBUCHAR. Mr. President, I be thinking about. been some mistake. But when she am very pleased to be here with both of When I was the Senate chair of the asked about it, her boss told her they the Senators from Washington, one of Joint Economic Committee, I released

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.016 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1893 a report showing how equal pay affects means, but literally over someone’s ca- nation and give women the tools they women’s financial security. The report reer—over a 40-year career—a woman need to identify and confront unfair showed that lower wages impact in my state could lose as much as treatment. It would make sure we rec- women all throughout their working $500,000 in income. An Asian American ognize women are breadwinners, too, lives, and these lower lifetime earnings woman could lose $700,000 over a 40- and that they get the equal pay they translate to less security in retire- year career and a Native American deserve. ment. woman could lose as much as $900,000 That is why my colleagues are com- According to the JEC report, the av- over the same time period. So, yes, ing to the floor today to say we should erage annual income for women age 65 when women are discriminated against, pass this bill this year. We don’t need and older, including pensions, private it costs them and their families. to commemorate another day of what savings, and Social Security, is $11,000 The gender pay gap issue is a family women have done for our country; less than it is for men. Social Security issue. Women are breadwinners too. women need to receive equal pay for retirement benefits are based on a per- Women today still earn only 79 cents the equal work they are doing. I thank son’s lifetime earnings. The average for every $1 paid to a man. This means my colleagues for helping to bring at- monthly benefit for female retirees is less food on the table, less money to tention to this issue, and I encourage 77 percent less. The same thing goes for buy clothing for their children, or less the passage of this legislation. pensions. A woman’s pension income is money for insurance premiums. What With that, Mr. President, I yield the 53 percent that of men. Women also re- we need to do is make sure we are lis- floor. ceive smaller pension checks from Fed- tening to these stories and taking ac- f eral, State, and local government pen- tion. sion plans. Here is a story from one of my con- RECESS Finally, a recent study showed that stituents, Adrianna from Olympia. She The PRESIDING OFFICER. Under the average woman was able to save said: the previous order, the Senate stands less than half of what the average man In 1993, when I was in college, I was work- in recess until 2:15 p.m. was able to save in an IRA. So what we ing at a restaurant. . . . This job enabled me Thereupon, the Senate, at 12:35 p.m., have here is, first of all, women are to pay my way through school with no stu- recessed until 2:15 p.m. and reassem- making less to begin with. That is dent loans. A young man several years bled when called to order by the Pre- younger than me with less experience was what we are talking about today. That siding Officer (Mr. PORTMAN). means they save less and have less making a larger wage and I found out about it. I politely confronted the owner as to why f money in Social Security. Secondly, this fellow was making more money than they live longer. That is great, but it me. The owner was caught off guard and CONCLUSION OF MORNING means they are going to have less could give me no reason whatsoever. . . . The BUSINESS money. Then, finally, we have the fact thing that really stuck in my craw was that The PRESIDING OFFICER. Morning that they are often a single bread- the young man told me he only worked there business is closed. winner in 40 percent of households. The so he could get money to gamble. . . . Of f fact that they take time off often to course, I had no other choice and worked 7 have children—that is the third factor days a week for 5 years to get a Bachelor’s AMERICA’S SMALL BUSINESS TAX degree. that leads to less savings. RELIEF ACT OF 2015 Unfortunately, this story isn’t What we should be doing is looking The PRESIDING OFFICER. Under at how we can address the savings gap. unique. Wage discrimination affects a wide range of professional fields, in- the previous order, the Senate will re- There are ways we can address it by sume consideration of H.R. 636, which making it easier to save and making it cluding realtors, educators, adminis- trators, and even CEOs. For example, the clerk will report. easier to set up 401(k)s and IRAs and The bill clerk read as follows: looking at the millennials and how we male surgeons earn 37 percent more per A bill (H.R. 636) to amend the Internal Rev- can respond to what is an increasingly week than their female counterparts. In real terms, that female surgeon enue Code of 1986 to permanently extend in- different economy for young people. creased expensing limitations, and for other But we also can simply make sure earns $756 less per week than her male purposes. colleagues, and this adds up. And this women make the same amount as men Pending: when they do the same job. does not apply only to high-paying, Thune/Nelson amendment No. 3464, in the It was the late Paul Wellstone of my male-dominated careers: Women are 94.6 percent of all secretaries and ad- nature of a substitute. State who famously said: ‘‘We all do Thune (for Gardner) amendment No. 3460 better when we all do better.’’ I still ministrative assistants. Yet they still (to amendment No. 3464), to require the FAA believe that is true today and so do my earn only 84 percent of what their male Administrator to consider the operational colleagues who join me. We need to be counterparts earn per week. history of a person before authorizing the focused on how we can help more My colleague Senator MURRAY person to operate certain unmanned aircraft women share in our economic growth brought up the U.S. Women’s National systems. and share in the American dream. I ask Soccer Team that helped bring this Cantwell amendment No. 3490 (to amend- ment No. 3464), to extend protections against my colleagues to support and pass the issue to the forefront. Despite being more successful and attracting more physical assault to air carrier customer serv- Paycheck Fairness Act. ice representatives. I thank the Chair, and I yield the viewers than the men’s team, the U.S. The PRESIDING OFFICER. The Sen- floor. women’s soccer team still is paid 25 The PRESIDING OFFICER. The Sen- percent less than the men’s team. ator from Maine. ator from Washington. In fact, one of my constituents last Ms. COLLINS. Mr. President, I sug- Ms. CANTWELL. Mr. President, I ask week—an 11-year-old girl soccer player gest the absence of a quorum. unanimous consent to speak for up to 5 from Washington—asked: If I keep The PRESIDING OFFICER. The minutes. playing sports, am I going to get fair clerk will call the roll. The PRESIDING OFFICER. Without pay? The bill clerk proceeded to call the objection, it is so ordered. Young women are asking us to do our roll. Ms. CANTWELL. Mr. President, I job and make sure we pass legislation Mrs. GILLIBRAND. Mr. President, I come to the floor with my colleague that helps. That is why we commend ask unanimous consent that the order from Minnesota and my colleague Sen- Senator MIKULSKI for introducing the for the quorum call be rescinded. ator MURRAY from Washington, along Paycheck Fairness Act and for her The PRESIDING OFFICER. Without with our other colleagues who have al- tireless efforts on this legislation. I am objection, it is so ordered. ready been here to speak about the im- proud to be one of its cosponsors. NATIONAL EQUAL PAY DAY portant issue of paycheck fairness. The Paycheck Fairness Act requires Mrs. GILLIBRAND. Mr. President, It is truly shameful this kind of dis- that pay be job related and not dis- after another whole year, a very unfor- crimination still exists. We have heard criminate based on gender. It would tunate milestone has once again ar- the statistics about what the pay gap strengthen the penalties for discrimi- rived. Today is Equal Pay Day. This is

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.018 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1894 CONGRESSIONAL RECORD — SENATE April 12, 2016 the day in 2016 when the average work- The PRESIDING OFFICER. Without The senior assistant legislative clerk ing woman, after all last year and the objection, it is so ordered. proceeded to call the roll. first 3 months of this year, finally Mr. THUNE. Mr. President, I rise Mr. CORNYN. Mr. President, I ask earns as much money as the average today to address the Senate’s ongoing unanimous consent that the order for man did only during last year. So if we effort to reauthorize the Federal Avia- the quorum call be rescinded. started the clock in 2015, the average tion Administration. The bill before us The PRESIDING OFFICER (Mr. woman had to work an extra 103 days today was described in the Washington LANKFORD). Without objection, it is so to earn the same amount of money as Post as ‘‘one of the most passenger- ordered. a man. friendly FAA reauthorization bills in a NATIONAL EQUAL PAY DAY Imagine two people were both hired generation’’ thanks to its robust new Mr. CORNYN. Mr. President, today is at a company. They both work hard. consumer protections. But even more Equal Pay Day. I am proud of the fact They have the same amount of experi- importantly, this bill includes strong that one of our Members on this side of ence and the same qualifications, but new security measures that address the the aisle, Senator DEB FISCHER, is tak- they have one very important dif- threat ISIS and other terrorist groups ing the lead and pointing out that this ference: One of those workers is a man, pose to airline passengers. is not a partisan issue. I know people and the other is a woman. As a result, In the wake of the Brussels attacks, find that hard to believe here in Wash- they will not be paid the same. travelers are understandably nervous ington, where everything seems like a Right now, on average, for every dol- about the threats they face when fly- partisan issue, but the fact is, both Re- lar a man makes, a woman makes only ing, especially given terrorists’ pref- publicans and Democrats and the unaf- 79 cents. That is the average for all erence for targeting transportation. filiated believe that people who per- women. Many other groups of women Here in the Senate, we are doing every- form the same work ought to be com- have it even worse. Working mothers thing we can to address that threat. I pensated in the same way. So I am earn only 75 cents for every dollar am proud that this bill includes new proud of the work Senator FISCHER is working fathers make. African-Amer- protections to prevent an attack like doing. ican women earn just 60 cents for every the one in Brussels from happening at I just wanted to make note of the dollar a white male makes. And our a U.S. airport. fact that this is Equal Pay Day. I know Latina women have it the worst. They The FAA Reauthorization Act in- some of our colleagues across the aisle earn just 55 cents for every dollar a cludes the most comprehensive set of maybe have a different view and think white male makes. The United States aviation security reforms since Presi- they have a better way to deal with of America still doesn’t pay its men dent Obama first took office. To pre- this, but it is purely a difference in tac- and women equally for the same exact vent airport insiders from helping ter- tics, not in terms of goals, which is work, and it is unacceptable that in rorists, we have included measures to equal pay for equal work. the year 2016 we are still fighting to fix improve scrutiny of individuals apply- NATIONAL CRIME VICTIMS’ RIGHTS WEEK this basic problem. ing to work in secure airport areas. Mr. President, yesterday I spoke Think about how this pay gap affects This is especially critical as many ex- about the fact that this is also Crime our families. More women than ever perts believe the bombing of a Russian Victims’ Week, and that is what I want are earning their family’s paycheck. passenger jet leaving Egypt had help to talk about now a little bit more. Four out of every ten mothers are ei- from an aviation insider. There are a lot of people who come to ther the primary breadwinner of the We have also included provisions to Washington—big companies, people can family or the only breadwinner in their better safeguard public areas outside hire lobbyists, lawyers, accountants, family. Because of this pay gap, their security in airports and to help reduce other experts—to try to make their children are getting shortchanged. case to Congress, but we don’t have a We need equal pay for equal work. It passenger backups. These reforms crime victims’ lobby per se. We have shouldn’t matter if you are a nurse or could help prevent a future attack like organizations—volunteer organiza- a lawyer or even one of the best female the one in the Brussels terminal last tions, by and large—that try and pro- athletes in the world. Just a couple month, which targeted a crowd of pas- vide a voice to the voiceless and people weeks ago, the women’s national soc- sengers in an area where the attackers cer team filed a Federal lawsuit didn’t even need tickets. who need to be represented here, but against the U.S. Soccer Federation Because staying ahead of threats the fact is, by listening to those vic- over wage discrimination. I strongly needs to be a priority, we also included tims of crime and to those who volun- support these women, and they are additional cyber security provisions teer to help them here in the Nation’s doing the right thing. They are raising and added anti-terrorism security fea- Capital, we can make a big difference their voices about a serious injustice, tures for new aircraft. in the lives of crime victims in this and I urge all of my colleagues in this The security reforms in this legisla- country. I highlighted the Justice for Victims Chamber to listen to these women—lis- tion were actually developed months of Trafficking Act as an example of ten to the women in their States, and ago as followups to congressional over- what we can accomplish when we get listen to the women in this country sight, independent evaluations of agen- past the partisan talking points and in- that deserve equal pay for equal work. cies, and the study of existing prob- stead focus on a common goal. I point- The women on our national soccer lems. But these reforms have gained ed out that legislation, which is the team are some of the most successful new urgency in the wake of recent at- most—I think the major—the most sig- American athletes alive, and even they tacks by ISIS. We need to constantly nificant human trafficking legislation have to deal with this pay gap. monitor and stay ahead of threats so It is shameful and inexcusable that that we can continue to ensure that passed in the last 25 years, actually women are still paid less than men for our air transportation system is the broke important ground. It uses the the exact same work in this country. I safest in the world. penalties and the fines paid by people urge everyone here to support the Pay- More than any other reason, I sup- on the purchasing side of the sex slave check Fairness Act. Let’s get with the port the Federal Aviation Administra- trade to be able to fund the resources times. Let’s finally make it illegal to tion Reauthorization Act of 2016 be- to help heal the victims, typically a pay our women less than our men for cause it will make the traveling public girl the age of 12 to 14, somebody who the very same work. safer. For all of the many ways it im- has maybe run away from home, who I yield the floor. proves our air transportation system, thinks maybe they have fallen in love I suggest the absence of a quorum. the provisions to keep Americans safe with somebody new, only to find them- The PRESIDING OFFICER. The stand out as especially deserving of our selves trapped in modern-day human clerk will call the roll. support and as heightening the need to slavery. We were able to pass that leg- The senior assistant legislative clerk send this legislation on to the House. islation by a vote of 99 to 0 in the Sen- proceeded to call the roll. I yield back. ate, and now it is the law of the land. Mr. THUNE. Mr. President, I ask I suggest the absence of a quorum. I mentioned yesterday that some of unanimous consent that the order for The PRESIDING OFFICER. The the provisions, including the hero pro- the quorum call be rescinded. clerk will call the roll. gram, which was designed to provide

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.022 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1895 incentives for returning veterans of the We should follow the example of with her writing, Ms. Cleary’s stories gulf war, Iraq, and Afghanistan—some States like Texas that have already have been their haven. Her book series of them bearing the wounds of those done this. We could do this on a na- ‘‘Ramona’’ and ‘‘Henry Huggins’’ are wars—to be able to use the skills they tional basis. We know there are lives at both set in Portland and continue to have acquired in the military to help stake, like Kari’s, and I believe we serve as important threads throughout go after child predators and other peo- have an obligation to act to keep trag- Oregon’s literary fabric. ple who would take advantage of the edies like Kari’s from happening again. Ms. Cleary’s impact on the State of most vulnerable in our society. But I So as we continue to look for ways to Oregon and the city of Portland have wish to talk about another opportunity better support victims of crime this not gone unnoticed. Her honors include where I believe Congress can come to- week, I hope we will take another a public K–8 school in Portland, the gether to rally behind victims and small step to help victims by advanc- Beverly Cleary School, which some of move legislation that could help save ing this legislation. In so many in- my staff actually attended, and a pub- lives. stances, they are what seem like small On the first day of December 2013, lic art installation at the Hollywood steps that can have tremendous rami- branch of the Multnomah County Li- Kari Hunt Dunn brought her three fications. young children to a hotel in Marshall, brary which features many of her I mentioned yesterday the reforms books’ neighborhood landmarks. Port- TX, a city east of Dallas near the bor- we have been able to do in terms of der with Louisiana, to visit with her land’s Grant Park is home to a public testing the rape kit backlog. It had sculpture garden with bronze statues of estranged husband. Sadly, this visit been reported that as many as 400,000 turned into tragedy. According to re- Ramona Quimby, Henry Huggins, and untested rape kits are sitting in evi- Ribsy. ports, Kari’s estranged husband started dence lockers in police stations or per- to attack her and while he did, one of haps in labs untested, and I talked a It is Beverly Cleary’s unbound pas- Kari’s daughters did what her parents little bit about the fact that in Hous- sion and dedication to children’s lit- and family taught her to do in an ton alone, thanks to the leadership of erature that have earned her numerous emergency, which is to dial 911. She the then mayor and the city council, literary awards, including a National called for help repeatedly, but she working with State and Federal au- Book Award, a Newberry Medal, and a didn’t realize that, as in many hotels, thorities, they were able to eliminate National Medal of Art. In 2000 the Li- first you need to dial 9 before you can the rape kit backlog testing and come brary of Congress even named her a dial out. So she kept dialing 911 to no up with 850 hits on the database that ‘‘Living Legend.’’ avail, not recognizing that she needed showed there were individuals whose Just as original Beverly Cleary fans to dial 9 to get an outside line. By the DNA was tested and located on this fo- enjoyed reading about the lives and ad- time help finally arrived, Kari was un- rensic evidence that was already in ventures of her characters, each new responsive and later died, leaving her this FBI background database known generation of young Beverly Cleary three young children behind. as CODIS. There are things we can do readers finds a similar connection with Obviously this is a terrible, heart- those same characters. Ms. Cleary’s wrenching story, and I wish I could say that may seem small but can have a dramatic impact on the lives of our books have sparked the imagination of it was an isolated event, but it is made so many children across America, help- that much more tragic because the constituents. ing instill literary skills that last a family will never know what the out- So I suggest that we don’t give up lifetime. come might have been had that first and we continue to do what we can, 911 call actually made its way to the where we can, when we can, and pass- When it comes to literacy, the impor- proper authorities. ing Kari’s Law would be another im- tance of reading at an early age simply Following her death, Kari’s father portant step in that direction. cannot be overstated. An early intro- Hank decided he had to do something Mr. President, I yield the floor. duction to reading is one of the most to correct the problem so tragedies I suggest the absence of a quorum. significant factors influencing a child’s like this could hopefully become a The PRESIDING OFFICER. The success in school. It is linked to better thing of the past. This is where we clerk will call the roll. speech and communication skills, im- have a role to play. I know some people The legislative clerk proceeded to proved logical thinking, and increased might say: Well, there are a lot more call the roll. academic excellence. It is clear that Mr. WYDEN. Mr. President, I ask important things for Congress to be young children who develop a love for unanimous consent that the order for doing than dealing with this issue, but reading have an upper hand both in the the quorum call be rescinded. this is something we can do. It is not classroom and later in life. The PRESIDING OFFICER. Without partisan, and we should do it on an ex- objection, it is so ordered. Thanks to Ms. Cleary, generations of pedited basis. kids across the world can experience So earlier this year, I joined with TRIBUTE TO BEVERLY CLEARY Mr. WYDEN. Mr. President, today Oregon from a literary perspective. One several of my colleagues, including the would be hard-pressed to find another senior Senators from Nebraska and Beverly Cleary, a storied and award- winning author, is going to be cele- author who has made such a lasting Minnesota, to introduce legislation impact on children’s literature. So it is called Kari’s Law, a bipartisan bill that brating her 100th birthday. Throughout her 66-year career, Beverly Cleary has an enormous honor and a great per- already has a companion in the House. sonal pleasure for me to come to the This legislation builds on a law passed written more than 40 children’s books, selling over 90 million copies by en- Senate floor this afternoon to honor last year by the Texas legislature, and Beverly Cleary’s contribution to lit- several other States have followed suit chanting readers of all ages with the escapades of Ramona, Henry, Ralph S. erary history, to Oregon, and to chil- as well. dren everywhere, and to wish her a Before us we have a clearer, albeit a Mouse, and so many wonderful char- very happy 100th birthday. discrete, problem, and we have an obvi- acters. With enduring and relatable ous solution. This bill would ensure themes of adventure, adolescence, and With that, Mr. President, I yield the that people have the ability to directly friendship, Ms. Cleary’s novels have floor. call 911, even in hotels and office build- withstood the test of time and have es- I suggest the absence of a quorum. ings, without having to dial an extra tablished their place in the pages of Or- The PRESIDING OFFICER. The number. By making this simple egon’s cultural heritage. clerk will call the roll. change, we can ensure that children, Beverly Cleary was born on April 12, The legislative clerk proceeded to like Kari’s daughter, can make the call 1916, in McMinnville, OR. At an early call the roll. for help, to call for the assistance of age, she moved to Portland, where she law enforcement and emergency per- developed a passion for Oregon that Mr. BARRASSO. Mr. President, I ask sonnel to save valuable time that can shines throughout the pages of her sto- unanimous consent that the order for make the difference between life and ries. For years, Beverly Cleary’s char- the quorum call be rescinded. death and the prevention of another acters have called Portland home, and The PRESIDING OFFICER. Without tragedy. for the countless children who grew up objection, it is so ordered.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.025 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1896 CONGRESSIONAL RECORD — SENATE April 12, 2016 GOLD KING MINE SPILL field hearing to do oversight on this ca- do its job. They took their eye off the Mr. BARRASSO. Mr. President, last tastrophe that the EPA caused. This is ball. They caused this toxic spill. They August several Western States and In- not optional for them. This is not sup- still have not focused on cleaning up dian tribes suffered an enormous envi- posed to be just another chance for the the mess that they caused. ronmental disaster. It was called the EPA to show how uncooperative and Like so much in Washington, DC, the Gold King Mine spill. In this disaster, unhelpful they can be. So tomorrow EPA has grown too big, too arrogant, the U.S. Environmental Protection the Indian Affairs Committee plans to too irresponsible, and too unaccount- Agency caused a spill of 3 million gal- issue a formal subpoena for the EPA able. People in America deserve ac- lons of toxic waste water into a tribu- Administrator, Gina McCarthy, to ap- countability. We all want a clean envi- tary of the Animas River in Colorado. pear at the field hearing. ronment. That is not in dispute. We all This photograph shows the before Ms. McCarthy testified last year. know the original mission of the Envi- and after. People all across the country When she testified before our com- ronmental Protection Agency was a remember this picture and the poi- mittee in Washington last September, noble one. Somewhere along the line, soning of this river by the EPA. This she said that the Agency was taking— this Agency lost its way. It got pre- plume of toxic waste threatened people her words—‘‘full responsibility’’ for the occupied with other things, and it lost in Colorado, New Mexico, and Utah. It spill. Today, the Agency will not even sight of its real job, which is to protect stretched to the land of the Navajo Na- come and look these people in the eye. the environment. tion and the Southern Ute Indian Does that sound as though it is taking Instead, we get this. When President Tribe. ‘‘full responsibility’’? Begaye of the Navajo Nation testified When the Indian Affairs Committee When this disaster first happened, before the Indian Affairs Committee held a hearing on the Gold King Mine the EPA did not notify the Navajo Na- last fall, he was very clear. This is spill last September, we heard testi- tion until a full day after the spill. what he said: The Navajo Nation does mony from Russell Begaye. He is the After 4 days, the EPA still had not re- not trust the U.S. EPA, and we expect President of the Navajo Nation, which ported to the Navajo leaders that there it to be held fully accountable. Let me has lands roughly the size of the State was arsenic in the water. This disaster repeat. The Navajo Nation does not of West Virginia, a very large piece of happened more than 8 months ago. No trust the U.S. EPA. We expect it to be land. President Begaye told our com- one—no one at the Agency has been held fully accountable. mittee that for the Navajo people, fired. No one has even been rep- I think the Navajo Nation and other water is sacred, and the river is life for rimanded for their failure. tribes in the West are right to not trust all of us. What has the EPA done? Well, here is the EPA. They are right to expect it to He said: Today, we are afraid to use a headline from the Wall Street Jour- be held fully accountable. That is ex- the river—with an emphasis on the nal on Friday, April 8: ‘‘Toxic-Spill actly what we intend to do with this word ‘‘afraid.’’ The EPA caused that Fears Haunt Southwest.’’ In the south- field hearing next week. Indian Coun- spill more than 8 months ago because western part of the country, according try and all of America need to know if it made crucial mistakes, critical mis- to this article, it has been months the EPA can do its job. From what takes. It failed to take basic pre- since the Agency has been back to test they see here, they have serious, seri- cautions. the safety of the well water for the ous doubts. These people do not need a Well, we still have not gotten an- written statement. They need to hear families near the river. Officials in New swers to some very important ques- straight from the people in charge and Mexico and in Utah say the EPA has tions. Now that the snow in the Rocky that means from Gina McCarthy, who failed to spearhead a comprehensive Mountains is beginning to melt, people is the head of the EPA. in this very area, in the course of this plan to manage the spring runoff or Next Friday, April 22, is Earth Day. river, are worried that they are being even to conduct long-term monitoring. According to press reports, Adminis- The States and the tribes are having victimized once again by the failures of trator McCarthy is planning to go to to monitor the water quality them- the U.S. Environmental Protection New York that day for a big media selves. Why, you ask? Well, it is be- Agency. They want to know if melting event around the Paris climate change snow is going to stir up the lead and cause the EPA was not planning to test treaty. That is what she is planning for the mercury and the other poisons that enough sites or provide real-time data. next Friday, the day of this important have settled to the bottom after this That is what people need. What good is hearing—a day when the EPA just poisonous spill. the data if it is not telling people that wants to send written testimony. They want to know if this blue river the water they are drinking right now It is her preference to be in New York is going to turn bright yellow again. is safe? Why tell people that the water talking about what happened in Paris Well, next week I am chairing a hear- they drank a week ago or a month ago instead of going to Arizona to face the ing in Phoenix, AZ, and it is a field was contaminated? They need to know people her Agency has abandoned. That hearing of the Indian Affairs Com- about the water today. is what she thinks is more important. mittee. We are going to be looking at There are 200,000 people who drink That is the way this administration the Environmental Protection Agen- from the river system that the EPA prioritizes its activity—a photo op in cy’s unacceptable response to Indian poisoned last summer. Why has the En- New York, not meeting with the people tribes. This includes inadequate han- vironmental Protection Agency walked whose lives her Agency has devastated. dling of the Gold King Mine disaster. It away from these families? Why is this The director of the EPA still does not includes the Agency dragging its feet Agency not taking full responsibility have her priorities straight. It should on cleaning up the cold-water uranium for making sure this mess has been not have to come down to a subpoena. mines across the Navajo and the Hopi cleaned up? I am not alone in asking The Environmental Protection Agency reservations. that. This article about the ‘‘Toxic- should have done the right thing from The members of these tribes deserve Spill Fears Haunt Southwest’’ in the the very beginning. to hear directly from the EPA. They Wall Street Journal on Friday goes fur- It is up to the EPA to do the right want answers about what is being done ther. thing now. On Earth Day, of all days, to fix this blunder. From what I have They actually quote the State envi- we need to hear from the Adminis- seen lately, I expect the Environmental ronment secretary from New Mexico, trator of the Environmental Protection Protection Agency will be doing its who lives there, lives on the land, and Agency. best to avoid giving any answer at all. knows the situation. This is the State I yield the floor. When we, the Indian Affairs Com- environment secretary. He says: The I suggest the absence of a quorum. mittee, first invited the Agency to send fundamental problem is, there is no en- The PRESIDING OFFICER. The a representative to this hearing to up- gagement from the EPA. None. clerk will call the roll. date us, they refused. It is astonishing; This is a specific, definite, concrete, The legislative clerk proceeded to they refused. They said they would environmental disaster. It was caused call the roll. send written testimony instead. by specific people at the Environ- Mr. DONNELLY. Mr. President, I ask I don’t think the EPA understands mental Protection Agency. This is unanimous consent that the order for how this works. We are holding this about a government agency failing to the quorum call be rescinded.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.026 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1897 The PRESIDING OFFICER. Without tration with the significant tools they lieve every day is April the 15th. We objection, it is so ordered. need to combat this historic influx of are having the income come in now and DOMESTIC STEEL INDUSTRY CRISIS foreign-made steel. seeing what happens with it. It is the Mr. DONNELLY. Mr. President, I rise As my colleagues may recall, Con- time of year we ought to look at what today to talk about the severity of the gress recently passed the Leveling the is happening with the hard-earned dol- crisis facing our domestic steel indus- Playing Field Act and also the EN- lars American families work for. try. Workers are losing their jobs, fam- FORCE Act to help our steel industry It is estimated that Americans will ilies are losing their homes, and com- investigate and better fight unfair pay about $3.3 trillion in Federal taxes munities are suffering. trade practices. While there is more to and about half that in State and local For several years our domestic indus- be done, the administration should use taxes. A total of almost $5 trillion—or try has been under constant attack. these important tools we have provided 31 percent of all the national income in Our steel industry is in the midst of a to vigorously defend our domestic in- the country—goes to taxes. If, at var- crisis more severe than the one experi- dustry from those who willingly do not ious levels of government as a country, enced nearly two decades ago. Global play by the rules. Strict enforcement we are taking 31 percent of the money demand for steel has not kept pace of the law is necessary to protect our every family earns, we ought to be with global production. As a result, domestic industry now and to deter bad thinking about what happens with that many of the global producers have actors from abusing the system in the and justify every penny of it. Another come here to the United States to try future. way of looking at it is that Missou- to dump their steel. As a result of that, Good, strong communities and good, rians, and people across the country, domestic producers continue to lose strong cities like Portage and Gary and will spend more on taxes this year than ground, surrendering a record-high 29 Crawfordsville and Rockport are rely- they spend on food, clothing, and hous- percent market share to foreign-made ing on the Senate to do the right thing. ing combined. steel last year. The industry currently We must double down on our efforts to A lot of people might ask where the has about a 65-percent capacity utiliza- combat the illegally traded steel com- taxes are coming from. After all, in tion rate, and in Indiana we saw an 8- ing into our market. We must do so to- 2001 and 2003 Congress cut taxes. But percent downturn in production last gether not only for the businesses and that doesn’t seem to be the case when year. workers impacted by the onslaught of we pay the tax bill. While we did cut As a Senator from Indiana—a State illegally traded steel but for the com- taxes as a country in 2001 and 2003, in that accounts for one-quarter of all do- munities of children and families who 2009 we put a lot of taxes in place. One mestic steel capacity—I visit with have been linked for generations to the prime example of what happened in steelworkers and their families to lis- success of our Nation’s steel industry. 2009 is the $1 trillion tax hike in the ten to their concerns about the impact They are counting on us, and we can- President’s health care bill. Now, $1 of illegally traded steel flooding our not let them down. trillion over 10 years is a lot of money. market. Hoosier families are worried. Mr. President, I suggest the absence It is $100 billion a year that the govern- Steel plants are idling, and more than of a quorum. ment hadn’t been collecting in taxes 1,000 Hoosier workers have been laid off The PRESIDING OFFICER. The but now is. as a direct result of the illegally clerk will call the roll. A few years ago the Ways and Means dumped steel that flooded our market The bill clerk proceeded to call the Committee asked the Congressional last year. These are workers who come roll. Budget Office, along with the Joint up to me at church on Sundays or stop Mr. BLUNT. Mr. President, I ask Committee on Taxation, to look at by my office. They look me in the eye unanimous consent that the order for what the ObamaCare taxes really and ask me to explain how other na- the quorum call be rescinded. meant, and they revised that estimate tions get to produce and sell steel The PRESIDING OFFICER. Without up. They listed 21 tax increases, includ- under a different set of rules. These objection, it is so ordered. ing 12 tax increases on the middle workers have never asked me or any- TAXES AND THE NATIONAL DEBT class, and those 21 tax increases one else for a handout; they simply ask Mr. BLUNT. Mr. President, it is amounted to a $1 trillion tax hike. A that all parties compete on a level springtime in Missouri. Whether it is few of those taxes have been delayed playing field because these Hoosier in our State that joins the Presiding for a little bit. We were able to slow steelworkers know how valued their Officer’s State of Oklahoma or in Iowa, down the silly tax on medical devices. steel products are here and abroad. we are seeing trees begin to bloom. It Whom they thought that would help Congress and the Obama administra- was great to be home the 2 weeks we when people who voted for that bill and tion must work together to not only were home and again last weekend and that tax, I don’t know, but an extra tax prevent further job losses but to allow see the flowering trees sort of move on medical devices seems unreasonable the steel industry to grow. When fami- from north to south and, I guess, south to me. I don’t know a single person lies face the uncertainty of a plant to north. It is one of my favorite times who ever bought a medical device be- idling, they must prepare for the worst. of the year, as it is for a lot of people. cause they thought they were going to All the while, small businesses that re- Particularly during the 2 weeks we have a good time with it. They bought side in communities relying on the were home, we would not see the a medical device because they thought steel industry’s success suffer because blooms of the Dogwoods, and then a it was necessary for their health. families are no longer able to purchase couple of days later we would see them Then, not only do we collect this goods and services, such as groceries farther north in the State than we had money, not only do we collect 31 per- and clothes and things for their home, seen them before. cent of all the money people work for because they are just trying to survive. People like the spring. They like the in taxes, we see the national debt con- The current situation only reinforces great weather, they like to get out and tinuing to increase. The national debt my long-held belief that strong trade do things with their family—only to be held by the public stands at about $13.5 policies strengthen communities and reminded sometimes just how fickle trillion, but the national debt is really ensure good employment for our work- the spring weather is. One thing a lot closer to $19 trillion because we owe a ers, and they maintain a level playing of people—including most of us—dread lot of money as a country and people to field to foster the kind of fair competi- at this time of year, however, is that the places it has been borrowed from— tion that leads to robust markets. spring comes at about the same time the Social Security trust fund—and all However, as we know all too well, such that they have to file their taxes. That $19 trillion has to be paid back. policies only work when everyone plays date comes this week, and if the weath- It is hard for most of us to even begin by the same rules. er is not predictable, the increasing to think how much money that is, $19 I appreciate the work of my col- reach of the Tax Code should be pre- trillion, but the gross domestic prod- leagues here in the Senate and across dictable and is predictable. uct—the total value of all the goods the Capitol in the House who have Ronald Reagan said that Republicans and services produced in the country— come together and worked in a bipar- believe every day is the Fourth of July, is less than that. GDP is estimated to tisan fashion to provide the adminis- and our friends on the other side be- be about $17.9 trillion.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.028 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1898 CONGRESSIONAL RECORD — SENATE April 12, 2016 Another way to look at the national As people sit down and file their lievably sluggish at best, and wages are debt is that we have managed to accu- taxes over the next 48 hours or so and stagnant for middle-class families. mulate a national debt that is more make final calculations and look at Why? One of the reasons is high taxes, than equal to everything the country what they made and look at what they combined with the onslaught of red- produces in a given year. Everything are paying—as they have done over the tape, and regulators that are out of Americans work to make, everything last few weeks and will do over the control. The policies coming out of this we produce—the value of not just the next couple of days—it is an important administration have really made any products we make but the goods and time for them to talk to the people possible stimulated growth in the econ- services we make—is now exceeded by they elect to public office: What do you omy hard to find. the national debt. There is no credible think you are gaining by not making The challenges of getting healthy economic measure that would indicate the tough choices? What do you think economic growth and getting our fiscal that a country is stronger if the debt is you are gaining by not doing the things house back in order will only become bigger than the value of what it pro- we have already agreed we need the more daunting as the direct and indi- duced as a country. government to do and doing those real- rect costs of things like the President’s We have the debt, and then we have ly well rather than coming up with yet health care plan accumulate. I think the deficit spending. Deficits occur another program that may or may not we ought to all commit ourselves here, when the government spends more produce results? as people are coming to the end of this money than it generates in revenue. The health care plan is one of those. tax-paying season, to work together, to Balancing the budget two decades I had a hospital group in this morning. work on both sides of the Capitol and ago wasn’t all that easy to do. It re- They had done a calculation of what at both ends of Pennsylvania Avenue quired hard choices. But we as a coun- part of the bill people were paying with to find solutions for an overtaxed mid- try were able to reach a bipartisan con- their personal money as opposed to in- dle class, for out-of-control spending, sensus that surpluses are preferable to surance that they had to try to protect unsustained long-term debt and inter- deficits and that a country is far better themselves against health care costs est payments. We need a flatter, fairer, off as a result; that a growing economy before the Affordable Care Act and less complicated, and more competitive is better than a stagnant economy; and what they are paying now. What they tax structure. that the economy is more likely to found is that before the Affordable If we are going to ask the American grow if the government isn’t con- Care Act, they were paying 10 percent people to send in 31 cents out of every stantly sapping, for no defensible rea- of the bill with personal money. After dollar they make at all levels—some son, the economic opportunity of peo- the Affordable Care Act, the average people send in a lot more and some peo- ple spending their own money to ad- person with insurance was paying 20 ple send in a little less, but 31 cents out vance themselves and their families percent of the bill. So the highest, fast- of every dollar of income in the coun- forward. est growing level of debt that hospital try goes to government—the govern- One thing that every model shows is had was people with insurance who ment has a real obligation to see that that it is easier to pay off the debt and weren’t able to pay the bill because every one of those 31 cents is spent for it is easier to pay the bills of the coun- their deductible was so high. a good purpose or not taken from peo- try if you have an economy that is So we managed to raise $1 trillion in ple at all. growing. But regulators who are out of taxes, insure almost no one in terms of I yield the floor. control, and deficit spending hurts eco- total numbers—we still have about 30 The PRESIDING OFFICER. The Sen- nomic growth. million people who are uninsured—and ator from Kansas. If we look at the first year of the in many cases, the people who are in- Mr. MORAN. Mr. President, I ask Obama administration, adjusted for in- sured don’t have the coverage they had unanimous consent to address the Sen- flation to today’s dollars, that deficit before. ate as in morning hour. ran about $1.6 trillion. Following that, People need to be asking what we are The PRESIDING OFFICER. Without during the first term it was $1.6 tril- doing to mortgage the future and what objection, it is so ordered. lion, then $1.4 trillion, then $1.3 tril- are we getting out of that. Just as Mis- lion, and then $1.1 trillion. That sounds sourians have a responsibility to en- VETERANS CHOICE ACT as if the deficit is going down, but it is sure that their taxes are paid by April Mr. MORAN. Mr. President, just a $1.1 trillion over a budget that just 20 15, we have a responsibility to ensure month ago, I was on the Senate floor years ago was balanced. It is $1.1 tril- that their tax dollars are wisely used talking about the struggles of a num- lion over a budget that a little more or not taken from them at all. ber of Kansas veterans as they at- than a decade earlier had been a bal- I think the fiscal policy of the Obama tempted to utilize the Veterans Choice anced budget. administration over the last 8 years Program that Congress passed nearly 2 If we accept this year’s number, the has been an irresponsible way to spend years ago. That program is being im- average deficit over the last 8 years is people’s money. The cost-benefit anal- plemented by the U.S. Department of $963 billion—right at $1 trillion—and ysis we asked for comes back with silly Veterans Affairs. We looked for many we are borrowing that money and the things, like we evaluate how much peo- opportunities to try to provide better $19 trillion that came before it at al- ple worry about something or we evalu- service, more efficient service, more most the lowest interest rate imag- ate how much people’s feelings are timely service to our veterans, and inable. What happens if the borrowing hurt. What we ought to evaluate is Congress ultimately came together and rate goes from where it is to, say, 5 what we get out of these excessive passed the Veterans Choice Act. percent? We already see that the inter- rules and regulations and regulators As I indicated a month ago and nu- est on the debt is quickly becoming the and inspectors that truly is a benefit as merous times on the Senate floor, that third biggest government payment— opposed to what do we get that is just legislation, that law says if you are a Social Security, Medicare, paying the one more additional burden that people veteran who can’t receive the medical debt. Things like defending the coun- are asked to pay for and, even worse services you are entitled to, you have try, a transportation system that than that, that then their children and the opportunity to receive those serv- works, health care research—all of grandchildren are asked to pay for by ices at a medical facility, a clinic, a those things are way below just the in- seeing this accumulated debt. physician, or a hospital at home. As an terest we would have on the debt, and We hear from our friends on the individual Senator who comes from a that is at the lowest rate ever. other side that it was necessary to en- State as rural as most and more rural Federal borrowing is really nothing gage in excessive spending to keep the than many—and certainly as rural as more than a tax on the future. Federal economy afloat following the reces- the Presiding Officer’s home State and borrowing is nothing more than saying: sion—the only way to do that is for the the home State of the Senator from We want to have what we want to have Government to play a bigger role in Missouri—we have a real interest in right now, and we are willing for some- the economy. And what do we have to trying to make certain our veterans body else to pay the bill for what we show for that? The economy is still who live long distances from a VA hos- want to have right now. struggling, the recovery has been unbe- pital can access that medical care.

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.030 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1899 I thought we took great satisfaction erans Affairs ought to be the Federal an example of this problem that the in the passage of that legislation. I cer- agency that bends over backwards to VA should solve on its own. They tainly did. What we have discovered help our veterans. should find a way to make this work. since then in its implementation has I remember when the current Sec- In their absence to do so, as Members been one handicap, one hurdle, one bu- retary testified before our Veterans’ of the Senate—certainly, I, as a mem- reaucratic difficulty, and one challenge Affairs Committee in his confirmation ber of the Committee on Veterans’ Af- after another. While maybe it is dif- hearing, and he indicated that he was fairs—we have the obligation to con- ficult for the Department of Veterans going to run the Department in a way tinue to do battle for those who battled Affairs to implement this legislation, that was all focused on meeting the for our freedoms and liberties. they are the ones who ought to suffer needs of veterans. Yet, just a few weeks I apologized to Mr. Dabney that he the challenges of doing so, not the men ago, Mr. Dabney was told this by the has been treated the way he has been and women who served our country. VA. I don’t know if they said they are by the Department of Veterans Affairs, During my conversation on the Sen- sorry. They simply said: You didn’t get by his government, and I will continue ate floor a month ago, I talked about a preauthorization. You don’t qualify. to fight on a case-by-case basis. But we number of veterans in Kansas and Those bills are your responsibility. do have a real opportunity as Repub- called them by name. One of those vet- I am here once again trying to high- lican and Democratic Senators to come erans was Michael Dabney, a Kansas light what happened. We went to the together and agree upon a legislative veteran from Hill City, KS, in north- intermediary TriWest. They thought solution to these and many other prob- west Kansas, in the part of the State they could help us accomplish this and lems that plague us and plague our vet- that I grew up in. get the information that Mr. Dabney erans. A piece of good news is that Mr. acted on and that this ought to be suf- I simply am here to make the case, Dabney is eligible for the Veterans ficient for the VA to pay the bill. And hopefully to the Department of Vet- Choice Program because he lives more even with their help, the results from erans Affairs, that they should find a than 40 miles from a VA facility. So the Department of Veterans Affairs, way to care for this man who served Mr. Dabney qualifies under that Vet- through their Wichita hospital, said his country and also to ask my col- erans Choice Program, and Mr. Dabney that Mr. Dabney obviously didn’t un- leagues to work together to make cer- needed surgery and elected to use the derstand the rules, and, therefore, they tain—in whatever ways legislatively Veterans Choice Program. There is a were not going to see that his bills we need act to meet the needs of those community-based outpatient clinic were paid by the VA. who served our country—that we do so. hosted by the VA in Hays, which is This seems outrageous to me. The I thank the Presiding Officer for the about an hour away from his home- VA, through its employees, indicated opportunity to address this issue and town. He was receiving care and treat- he qualified. He relied upon that infor- the cause of this veteran and many ment there. The indication was he mation, their assurance that he quali- others. I yield the floor. fied, to have the surgery done at home. needed the surgery, and they suggested I suggest the absence of a quorum. that he travel to Wichita—another cou- He is a veteran who needed surgery. He The PRESIDING OFFICER (Ms. ple hundred miles—for that surgery. suffers from PTSD. He would be deserv- AYOTTE). The clerk will call the roll. But Mr. Dabney suffers from PTSD and ing of all the care, the treatment, and The bill clerk proceeded to call the indicated that he didn’t feel com- the consideration that could be given a roll. fortable and capable of traveling that man who served our country so well Mr. GRASSLEY. Madam President, I extra 200 miles to receive the surgery. and suffered the consequences. Yet, de- ask unanimous consent that the order His primary care provider at the out- spite the assurance that he should use for the quorum call be rescinded. patient clinic in Hays indicated to him the program, this decision was made: I The PRESIDING OFFICER. Without this: Well, you live more than 40 miles am sorry, but you didn’t dot the i’s and objection, it is so ordered. from a facility. You qualify for the cross the t’s. FILLING THE SUPREME COURT VACANCY Veterans Choice Act. You can have I ask my colleagues to help me as we Mr. GRASSLEY. Madam President, these services provided and this sur- work our way through the implementa- before I turn to my prepared remarks, gery provided at home. tion of the Veterans Choice Act. It is I wish to note that the minority leader Mr. Dabney elected to do that. Rath- discouraging to me—the number of vet- came to the floor this morning to com- er than driving another 200 miles for erans who tell me how disappointed plain, again, that the Senate is fol- surgery in a city far away, he had the they are with the Veterans Choice lowing the Biden rules on the Supreme surgery performed at home. That Act—when I thought it was such a Court vacancy. seems like the way this is supposed to great opportunity for their care and As I have said before, there is not work. But the end result was that, ac- well-being. The end result is that many much that makes the minority leader cording to the VA, he didn’t receive are discouraged, giving up on the Vet- more mad than when his side is forced preauthorization. So despite his pri- erans Choice Act and not receiving the to play by its own rules. mary care provider telling him that he care and attention they need from the So, I won’t dwell on his daily mis- qualified for the Veterans Choice Act, VA, deciding that the VA should not be sives. Most us around here have grown after getting the service at home, he their provider. The point is that we are used to it and don’t pay him much then started receiving the bills for that failing them once again. We are failing mind, especially given his record of service. them veteran by veteran, one at a leading a Senate where even some In frustration, he then contacted our time. Members of his own party were never office, and the folks in my office went The consequence is that the program allowed to offer a single amendment. to work. Here was an example that I is still not working. You cannot not He voted 25 times to filibuster judicial thought we could be successful in solv- meet the needs of a veteran and then nominees—including a Supreme Court ing. The record clearly indicates that have an expectation that we have done Justice, and at the time argued there is his primary care provider, his VA pri- something useful and beneficial for nothing in the Constitution requiring mary care provider indicated he should that veteran. the Senate to vote on nominees. utilize the Choice Act and have the There is a discussion going on in the And, of course, he will be remem- services, the surgery provided at home. Veterans’ Affairs Committee, and there bered as the leader who did more dam- He did so. The VA then declined to pay are bills led by Senators ISAKSON and age to the Senate than any other lead- for those services, and he began receiv- BLUMENTHAL that address many of the er in history when he invoked the so- ing the bills. issues plaguing the VA, ranging from called nuclear option in November of So we went to bat for Mr. Dabney. their appeals system to accountability, 2013. Despite our efforts and despite his ef- to remedying the problems associated ‘‘I think just from reading the cases forts, he has been told that those bills with the Veterans Choice Act. I urge you’ll acknowledge that there’s poli- are due to be paid by him because he my colleagues not to allow this oppor- tics in legal rulings.’’ That is what didn’t get preauthorization. My point tunity to bypass, to go away. We must President Obama said last week when today is that the Department of Vet- take these actions. In my view, this is he visited the University of Chicago.

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.032 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1900 CONGRESSIONAL RECORD — SENATE April 12, 2016 The President met with law students stitutional system, our judges need to view, the judge isn’t asking what a law and answered their questions. They return to their limited role, and decide meant when it was passed, but what it asked him about judicial nominations, cases based on the text of the Constitu- should mean today. President Obama including his decision to make a nomi- tion and laws that the people’s rep- described this as his ‘‘Progressive view nation to fill Justice Scalia’s seat on resentatives have passed. of how the courts should operate.’’ the Supreme Court. His responses were President Obama last week described With respect to the President, it is my revealing. I agree with President the justices’ power as an ‘‘enormous’’ view that the courts shouldn’t operate Obama that too often politics seep into one. That is true in a sense. But the in a political way at all. Not a progres- legal rulings. He is right as a factual Constitution limits the Justices’ power sive one, not a moderate one, not a matter. In fact, I said the same thing to deciding controversies in specific conservative one. Instead, in my view, on the Senate floor a few days before cases that come before them. President the courts should operate in a constitu- the President did. Reagan talked about this on the day tional way that ensures government by Oddly, those on the left who were up that Chief Justice Rehnquist and Jus- the people. in arms over my remarks were silent tice Scalia were sworn in. He recounted Again, when Chief Justice Rehnquist on the President’s. I suppose that is be- how the Founding Fathers debated the and Justice Scalia were sworn in, cause, unlike the President, I think it role of the judiciary during the sum- President Reagan touched on this very is a bad thing that there is politics in mer of 1787. As President Reagan said, subject. He said that for the Founding judicial decisionmaking these days. the Founders ultimately settled on ‘‘a Fathers, the question about the courts Politics in judicial rulings means that judiciary that would be independent was not whether they would be liberal something other than law forms the and strong, but one whose power would or conservative. The question, Presi- basis of those decisions. It means the . . . be confined within the boundaries dent Reagan said, was ‘‘will we have judge is reading his or her own views of a written Constitution and laws.’’ government by the people?’’ Judges into the Constitution. For decades now, the Supreme Court have a role in ensuring that we have Unlike the President, I believe the has been issuing opinions purportedly government by the people. They fulfill biggest threat to public confidence in based on the Constitution where the that role when they try to understand the Court is the Justices’ willingness Constitution itself is silent. This kind what a law meant—either a statute or to permit their own personal politics to the Constitution—when the people’s of judicial decisionmaking usurps the influence their decisions. This isn’t the representatives enacted it. If the Jus- right of Americans to govern them- first time the President has talked tices decided cases that way, there selves on some of the most important about how he believes Justices should would be a lot less politics in legal rul- issues in their lives. That is what hap- decide cases. He has repeatedly said ings. Unlike the President, I think that pens, for example, when the Court ‘‘dis- they should decide cases based on would be healthy for our democracy. covers’’ rights in the Constitution that something other than the Constitution But more important, it was the under- aren’t mentioned in its text and and the law. His views on this subject standing of those who wrote and adopt- weren’t observed when the Constitu- are clear. ed our Constitution. When Chief Justice Roberts was con- tion was adopted. The same thing hap- I yield the floor. firmed, then-Senator Obama said that pens with ordinary statutes that Con- I suggest the absence of a quorum. in the really hard cases, ‘‘the critical gress passes. If the Justices limited The PRESIDING OFFICER. The ingredient is supplied by what is in the themselves to saying what the Con- clerk will call the roll. judge’s heart.’’ In 2009, President stitution or statute says about the case The senior assistant legislative clerk Obama said he views ‘‘empathy’’ as an before them, their power wouldn’t be so proceeded to call the roll. essential ingredient for Justices to pos- ‘‘enormous.’’ President Obama says it Mr. HOEVEN. Madam President, I sess in order to reach just outcomes. is not so simple. He says the cases that ask unanimous consent that the order for the quorum call be rescinded. And before he made his most recent really matter are the ones where there The PRESIDING OFFICER. Without Supreme Court nomination, the Presi- is some ambiguity in the law. In those objection, it is so ordered. dent said that where ‘‘the law is not cases, President Obama thinks a jus- tice needs to apply ‘‘judgment ground- Mr. HOEVEN. Madam President, I clear,’’ his nominee’s decisions ‘‘will be ask unanimous consent that Senator shaped by his or her own perspective, ed in how we actually live.’’ Again, I disagree. When judges ask TESTER and I be allowed to engage in a ethics, and judgment.’’ But what is in a colloquy for the next approximately 15 judge’s ‘‘heart,’’ or their personal ‘‘per- what a law should mean, the meaning of a law will change, depending on the minutes. spective [and] ethics’’ have no place in The PRESIDING OFFICER. Without judge’s ‘‘life experiences’’ or what judicial decisionmaking. objection, it is so ordered. The President’s idea of what is appro- judge happens to hear the case. The Mr. HOEVEN. Madam President, I priate for Justices to consider is to- people lose control of what their laws rise to encourage support for the tally at odds with our constitutional say. It is not consistent with our sys- Hoeven-Tester air ambulance relief system. We are a government of laws tem of self-government. amendment, which is legislation of im- and not a government of judges. I have James Madison—the ‘‘Father of the portance to people living in both rural said before that we should have a seri- Constitution’’—explained the same and urban communities who need ur- ous public discussion about what the thing in a letter to Richard Henry Lee. gent and timely medical care. The need Constitution means and how our judges He said that ‘‘the sense,’’ or meaning, for this amendment arises from the should interpret it. President Obama ‘‘in which the Constitution was accept- fact that Federal law preempts States and I have very different views on ed and ratified by the nation’’ defines from regulating air ambulance services those questions. Politics belongs to the Constitution. He said that is the pursuant to the Airline Deregulation us—it is between the people and their only way the Constitution is legiti- Act, which was passed in 1979. elected representatives. It is important mate. That is because, in Madison’s While some air ambulance providers that judges don’t get involved in poli- words, ‘‘if the meaning of the text be enter into agreements with insurers, a tics. That is because, unlike Senators, sought in the changeable meaning of growing number have decided to oper- lifetime-appointed Federal judges the words composing it,’’ the ‘‘shape ate as out-of-network providers and aren’t accountable to the people in and attributes’’ of government would practice what is known as balance bill- elections. It is also because when nine change over time. And importantly, ing. That means consumers, not the in- unelected Justices make decisions that change would occur without the surance companies, are responsible for based on their own policy preferences, people’s consent. It wouldn’t be con- the majority of the medical bill. rather than constitutional text, they sistent with the way we govern our- In recent years, State insurance de- rob from the American people the abil- selves through our representatives. partments have been fielding consumer ity to govern themselves. And when That is a very different view than the complaints related to large balances that happens, individual liberty pays President suggested in Chicago last left to them from charges not covered the price. week when he said that ambiguous by insurance providers for air ambu- To preserve the representative na- cases ask a judge to consider ‘‘how we lance services. Patients in need of life- ture of our government and our con- actually live.’’ In President Obama’s saving air medical services have been

VerDate Sep 11 2014 04:19 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.001 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1901 left with balances of more than $25,000 Our amendment would allow hos- currences of people getting billed enor- when an air medical provider opts out pitals to provide information so pa- mous sums of money after an air ambu- of agreements with insurance pro- tients could determine which air ambu- lance trip have been well-documented. viders. lance providers accept the insurance So what is the upshot of all this? The Let me share a couple of examples of payment as payment in full and which upshot is we are a rural State. Often- what I am talking about with my col- ones don’t. Then hospitals could have times you can’t get to a hospital in leagues. In one case, a young couple that information available and pa- time by road, so you have to call an air had a premature child who was in need tients could make their decisions ac- ambulance. If you call the wrong one, of intensive care at another hospital. cordingly. you end up with a bill you can’t pay. The couple was insured and assumed It is a very simple, straightforward So people have to make literally life- that the 1-hour helicopter flight to the amendment that would allow State leg- and-death choices at a time when they other hospital was covered by their in- islatures to make sure that informa- shouldn’t have to. Oftentimes, because surance. The air ambulance company tion is available for patients in their of this experience they are saying: You presented them with a bill for almost State. know what. We are between a rock and $40,000, but because the company had There are a number of organizations a hard place. We will take a chance. not entered into an agreement with the that are supporting this commonsense The wife or the spouse may be purple couples’ insurance company, they were amendment, including the National As- because they can’t breathe, but they reimbursed only about $15,000 of that sociation of Insurance Commissioners, say: We will take a chance. They will bill, leaving them $24,000 that they the American Health Insurance Plans, pile in the car and drive an hour to the needed to pay when they thought they Blue Cross Blue Shield Association, hospital and hopefully they will sur- had insurance coverage for the bill. American Heart Association, American vive. A child may come in from an ac- In another case, a woman suffered a Stroke Association, Consumers Union, cident, having potentially lost a limb, snowmobiling accident and was air- and Families USA. who may be bleeding profusely, but lifted off a mountain. The charge was That is the legislation in a nutshell, they say: We will take a chance and $40,000. Her insurance paid about and I have taken a minute to explain $15,000, and so she was responsible for not call the air ambulance. it. This system is broken, and it needs the $25,000 balance to the company. Now I wish to turn to my colleague to be fixed. It is broken for the pa- Now, in that case she negotiated with from the State of Montana and ask tients, it is broken for the providers, the company and got it down to a bal- him—as a cosponsor of this legislation and right now in this country there is ance of $13,000, but that $13,000 she then I know he has run into this problem had to pay. no tool to address it. with his constituents. So I would ask In a third case, a father and his We have a solution. Senator HOEVEN daughter were airlifted from the hos- him to comment both in terms of the and I have an amendment to tackle pital where they were to another hos- situations he has run into in Montana this issue and put it on the FAA bill pital because they needed additional and his thoughts on how we can best and get it done. Our amendment would care. The young person’s condition was address it. provide States the ability to decide The PRESIDING OFFICER. The Sen- deteriorating and she needed special- whether they want to create rules re- ized care so they had to airlift her to ator from Montana. garding air ambulance rates and serv- Mr. TESTER. Madam President, I another hospital. They had a single ices. Right now, States are prohibited wish to thank the Senator from North pilot who took them on the flight. from regulating air ambulances, but Dakota for working on this important After they returned home by car, they families have made it clear that some- issue that in fact speaks across this got a check from the insurance com- thing must be done to prevent these pany for $6,800, so the insurance com- country but especially in rural Amer- companies from raking families over pany paid $6,800. That left them with ica. and collecting exorbitant bills. A one- Senator HOEVEN and I are on the the balance of a bill that was almost size-fits-all solution from Washington, floor working this afternoon to provide $70,000. Again, they thought they were DC, is not the answer, and that is why a voice to those who feel the well-being covered under their insurance. So my the good Senator from North Dakota of ordinary Americans is being taken colleagues can see that this is a real and I believe each State should have concern and a real issue. advantage of. These are folks who are the opportunity to address this grow- Many consumers with health insur- honest and work hard and play by the ing problem in their own way. ance coverage assume these medical rules, but they find themselves victims Our amendment will provide incen- bills will be taken care of and don’t of an unchecked industry with too tives for these air ambulance compa- think to ask if the air transportation many bad actors. That is right. They nies to be better neighbors, as we like company is a participating provider be- are not all bad actors, but some are. to say in Montana. It will encourage cause obviously they are in an emer- The folks who survive the fight of a them to work with local hospitals and gency situation. Unfortunately, as a lifetime are waking up the next morn- insurance providers to ensure that the result, after the patient has stabilized ing only to find themselves in a new lifesaving services they provide will and is in recovery, they learn they will fight—a fight to keep their home and not cause that family to lose their be faced with an expensive medical bill their financial well-being. home. they hadn’t anticipated. In rural America, we are seeing more This amendment is supported by In the last session of our State legis- and more troubling reports of families State officials across the Nation and by lature in our State, the State legisla- losing nearly everything to rising air folks on both sides of the aisle. ture made an effort to address this ambulance bills. In my home State of With that, I ask Senator HOEVEN to problem in State law. What essentially Montana, over the past 10 years, we yield for a question. the State law said was that the hos- have seen more out-of-State inde- Mr. HOEVEN. Certainly. pitals would have a list of providers pendent and for-profit air ambulance Mr. TESTER. Why is this legislation that accept insurance as payment in companies in operation. These compa- so important to Senator HOEVEN and full and insurance companies that do nies are moving into my State, and his constituents in North Dakota? this balance billing, so then the hos- they are not affiliated with local hos- Mr. HOEVEN. Madam President, I pital and the patient can be informed pitals. They do not always have con- would respond to the good Senator and make their decision as to the air tracts with insurance companies, and from Montana that I think we have ambulance provider. The problem is they are taking financial advantage of both described the importance in terms the State law was struck down in Fed- families who are in crisis—families of the costs that people may face, par- eral court because the Airline Deregu- who may be forced to cash out their re- ticularly in a time when they are in an lation Act of 1978 took precedence, tirement accounts, drain their life sav- emergency or crisis situation. It is meaning it is a Federal issue, which we ings, and even sell their homes to cover very difficult for them already. So, understand. Obviously, airplanes cross air ambulance bills that can climb up look, we need to do everything we can State lines, so we understand there is a to $100,000. This has been well-docu- to make sure they can get quality med- Federal aspect to it. mented in the State of Montana. Oc- ical care and that they are as informed

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.036 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1902 CONGRESSIONAL RECORD — SENATE April 12, 2016 as possible in making those decisions more Montanans have a story exactly making sure that the U.S. integration and trying to make those decisions like Christina’s. That is why it is crit- plan is incorporated in NextGen, the easier for them, particularly at a time ical that we get this problem addressed administration’s project to modernize when they are faced with a life-threat- through this bipartisan amendment the American air traffic control sys- ening situation or crisis situation. that will provide certainty and justice tem. The good Senator from Montana real- for families like hers. These folks real- Importantly, it also called for the ly put his finger on it when he said ly have nowhere else to turn. agency to designate six test sites to that we are not asking for a Federal If we can get this amendment on the help accelerate the NAS integration one-size-fits-all solution. Instead, we FAA bill—and I know we are working plan. are saying: Let’s empower the States with the committee right now, tweak- These test sites were established in to do what they can in terms of helping ing it, trying to make it work so that December of 2013, following a competi- people when they are faced with this people are more at ease with it—we can tive process that encouraged some of kind of emergency situation. begin to address this issue that has the very best in the fledgling field of So if one really looks at this amend- haunted too many families. unmanned aerial systems to apply and ment—and we have done a fair amount I would just tell you this. I had an ac- compete for the test sites. of work on it with health care pro- cident when I was young, and it wasn’t I am proud to say that Grand Forks viders, talking to the ambulance asso- the kind of accident that was life in my home State of North Dakota ciation and others, and we will con- threatening. My folks had only a 15- made the cut and is one of the premier tinue to work on it. But essentially we minute drive to get to the hospital. I test sites and hubs for UAS research are saying: Make sure people have that could tell you that if I had been a little and development in America. The work information readily available so that bit more unlucky and we had put it they have done there and at the other when they are in an emergency or cri- into the 21st century and my folks five sites across the Nation has been nothing less than remarkable, which is sis situation, they can make a quick would have had to get an air ambu- why I am here today to make the case and good decision that fits their needs, lance—which is absolutely necessary in for some additional amendments to and let the providers compete for the rural America sometimes; it is nec- business. help them maintain their momentum. essary depending on what problem has The first is Hoeven amendment No. This goes to empowering people in happened—it would have put the fam- 3500, which extends authorization for terms of choice and deciding what kind ily in a position where they literally the six test sites for another 5 years. of care they want, and then they can could have lost the farm. This isn’t The previous FAA bill from 2012 au- make an informed decision about what right. This isn’t what this country is thorized the test sites for 5 years, and they want. If they are in a situation about. All it takes is just a little bit of the legislation before us extends that where health insurance has to cover it, tweaking, a little bit of knowledge, a just an additional few months, through then they make that decision accord- little bit of transparency, and that is September 30, 2017. Our amendment ingly. If they want some other service what this amendment does. I think we would extend this authorization by an in a particular circumstance and they can get this problem fixed, and it is additional 5 years, through September are willing to pay out of pocket, then simply the right thing to do. 30, 2022. they can make that choice too. I want to thank Senator HOEVEN for The Northern Plains UAS Test Site This really is about making sure that his leadership and his hard work on in North Dakota has some important people have the information, particu- this issue. achievements to point to: supporting larly at a critical time when they real- I yield back to Senator HOEVEN. NASA’s UAS-related research; research ly need it, so they get the health care The PRESIDING OFFICER. The Sen- and testing at up to 1,200 feet across they need and they also have some of ator from North Dakota. the entire State of North Dakota, far those—what costs they are going to Mr. HOEVEN. Again, I would like to above the limits for commercial small face. That is what it is all about. That thank the Senator from Montana for unmanned aerial systems; nighttime is true in our States, which are more joining in this bipartisan legislation UAS operations; and approval to fly rural States, but it is true in the urban and just ask that our colleagues work multiple types of UAS in the same air- States as well. with us to get a good commonsense so- space. Nevertheless, there is plenty of Mr. TESTER. It certainly is, and I lution to solve this very urgent need. work left to do in support of inte- can say that what we have heard in With that, Madam President, I yield grating UAS into the national air- Montana is that there is a problem out the floor. space, and that will require investment there. We need some help. I suggest the absence of a quorum. and support from industry partners. Last summer, I had a woman by the The PRESIDING OFFICER. The They will be much more likely to use name of Christina from Missoula, MT, clerk will call the roll. the FAA test sites if they can be sure who called me. She and her husband The senior assistant legislative clerk those test sites will be operational be- both work full time. She pays $1,000 a proceeded to call the roll. yond the end of next year. month for her health insurance. She Mr. HOEVEN. Madam President, I My second amendment is Hoeven was being responsible, doing every- ask unanimous consent that the order amendment No. 3538, the private air- thing she was supposed to do, but an for the quorum call be rescinded. craft exemption, which will help to ex- emergency struck, which could happen The PRESIDING OFFICER. Without pedite testing of private industry air- to anybody, and her daughter needed to objection, it is so ordered. craft by not requiring them to lease be airlifted to Seattle, WA. Mr. HOEVEN. Madam President, I their aircraft to the test site in order The cost of the flight was the last would like to speak in support of sev- to fly. thing on Christina’s mind. She cared eral amendments that I am offering to The six UAS test sites are intended only about the health of her daughter. the FAA reauthorization bill. to work with the UAS industry to per- In the back of her mind, she knew she You may recall that in 2011 some of form research necessary to integrate had health insurance, so she knew she my colleagues and I offered a bipar- the UAS, unmanned aircraft, into the would be OK. When Christina and her tisan amendment to a section of the national airspace. What are we trying daughter returned from Seattle, they bill that called for the FAA to develop to achieve here? We are trying to found a bill waiting for them for a process to integrate unmanned aerial achieve concurrent use of the NAS, na- $85,000, a little bit less than twice the systems, UAVs or unmanned aerial ve- tional airspace. Right now we obvi- average that an American earns every hicles, into the NAS, the National Air- ously have manned aircraft flying all year. Think about this—getting a bill space System. over the United States, but where we from a service that you had no choice That legislation included drafting a are going is we will have manned and but to take and then finding out that it plan to develop air traffic requirements unmanned aircraft flying at the same cost you twice as much as you make in for all unmanned aerial systems at test time, concurrently in the national air- 1 calendar year. sites; certification and flight standards space. We have to make sure that is Unfortunately, the story of Christina at nonmilitary UAS test sites, as well done safely. We have to make sure that is not unique. Each year, more and as the National Airspace System; and we address the privacy issues.

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.037 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1903 There is a whole gamut of issues that Remember, the test sites have to get posal, along with its interagency and have to be addressed to do this safely approval from the FAA to fly all of industry partners, to advance develop- and well. That is what the test sites these different aircraft at the test site, ment of unmanned traffic management are developing so that we can move to so the FAA has already provided that systems. My amendments give our UAS that new paradigm. It is vitally impor- prior authority. We don’t need to have test sites the tools they need to stay up tant. the additional work of in essence mak- front, which will ultimately yield re- We fly unmanned aircraft all over the ing these test aircraft public aircraft. search benefits on behalf of our coun- world through our military, but we These terms govern the airspace and try. have to figure out how to do that safe- conditions under which the test sites We have all seen and read in the ly and well in our airspace with civil- can operate with unmanned aerial sys- media about how these remarkable new ian aircraft. That involves a lot of tems. aircraft are playing a big military role things—commercial aviation, general This amendment is common sense. in the security of our Nation. They aviation, and unmanned aircraft for a Current procedures block the test sites achieve military objectives without whole myriad of uses. This is not an from assisting industry in developing putting our men and women in uniform easy proposition, so we have to figure technology that integrates into the na- in harm’s way. We are also seeing how it out. tional airspace. This amendment would they play an important role in border If we don’t do this, we will pay a huge enable the test sites to perform as protection and other security oper- price because right now the United originally intended; that is, as a bridge ations. Less well known is their use in States is the aviation technology lead- between industry and the FAA to de- precision agriculture, disaster mitiga- er in the world. The United States velop concurrent airspace use for un- tion, traffic safety, building inspec- leads aviation technology globally, but manned aircraft, which is a key part of tions, energy infrastructure moni- if we don’t figure out how to do this, the future of aviation. toring, and many uses that have yet to somebody else will, and we can’t afford Test sites will have the same respon- be imagined. to forfeit our leadership in aviation sibilities for safely managing the oper- The UAS industry is anxiously await- technology. We can’t afford it from a ation of UAS under their certificate of ing the approval of rules to begin oper- military standpoint, and we can’t af- authorization as they do today. So this ating small UAS at low altitudes. This ford it from a civilian standpoint if we is about doing things in a more effi- is an important step, but it is just one are going to continue to lead in tech- cient way without any effect on public step. It is limited, which is why we nology, job growth, the jobs of the fu- safety. need the test sites for the research and ture, and the strongest, most innova- In addition, the FAA already grants development necessary to move for- tive, dynamic economy both now and numerous exemptions on a case-by-case ward. The UAS test sites and the cen- in the future. basis to industry partners, known as ter of excellence are in a position to We are working on the test sites to section 333 exemptions. This amend- stay ahead of the curve. Doing the re- make this happen, but currently you ment effectively serves as a test site search will enable the next phase in have to lease your aircraft to the test 333 exemption, which should help de- UAS integration from flying at night site. You can’t just come to the test crease demand for the FAA to press the and beyond line of sight to flying high- site and get approval to fly. That is other exemption requests, again er and farther using larger aircraft. These amendments are important for what we need to change. streamlining the process, making it the success of an exciting and rapidly Currently, as I say, any private in- work. dustry partner seeking to fly at a test Finally, I filed Hoeven 3543, which growing segment of aviation in our country. The goal is to make UAS a site must first lease their unmanned leverages test site and center of excel- fully working component of not only aerial system—their plane or drone or lence participation in the unmanned America’s larger aviation system but whatever you want to call it, RPA, re- traffic management pilot program. The also of our economy. As I said, we are motely piloted aircraft—they have to underlying FAA legislation establishes the world’s leader in aviation tech- lease that to the test site. As a public an FAA-led pilot program to develop nology. We must continue to forge entity, it can then clear the aircraft to an unmanned traffic management sys- ahead to maintain that leadership. operate as a public aircraft while at tem, which will be essential to the I will close by saying that almost all that test site. final goal of integrating the UAS into of us now have an iPhone or Android— The problem is that the UAS indus- the national airspace. This is how we some type of phone in our pocket. It is try is understandably reluctant to re- manage traffic—manned and unmanned so much more, isn’t it? It is a full- lease their UAS aircraft to the test site aircraft—in the same airspace. How do blown computer. Think back 10 years. for research work and has particular we manage that safely and well? We had no idea that we would all have concerns about losing proprietary in- The amendment would require the these cell phones or that they would formation through the leasing process. FAA Administrator to leverage to the have all of these amazing capabilities. Remember, this is the latest, greatest maximum extent possible the capabili- But look at how much we use it every new technology. Companies are invest- ties of the FAA’s UAS center of excel- day in our lives. Well, I make that ing hundreds of millions and billions of lence and the six UAS test sites when analogy with unmanned aircraft. What dollars in this new technology. They developing and carrying out the pilot is it going to look like 10 years from want to keep it proprietary. They don’t program. So we are saying to the FAA: now? What is it going to be like? Well, want to disclose it to all of their com- Work with the test sites and the na- we don’t know yet. We don’t know petitors. At our test site right now, we tional center of excellence, which we what all these applications and what have not only Northrup Grumman but have developed for unmanned aerial all these uses are going to be. But what General Atomics—manufacturers of systems to move this technology for- we do know is that the United States Global Hawk, Predator, and Reaper— ward. needs to be the leader in aviation tech- doing this kind of research and devel- Right now, the FAA is behind the nology development. That is what we opment. They need to protect those curve. The technology is racing for- are talking about with these test proprietary technology developments. ward, and we have to maximize our use sites—making sure that we can do it Obviously this is an important issue of these resources to make sure that safely and well and that we can main- for them as they are working to de- we are developing UAS the right way, tain that global leadership. velop the aircraft of the future. My in a way that the public feels is safe, I yield the floor. amendment would provide an exemp- that respects privacy rights, and that The PRESIDING OFFICER. The Sen- tion for the test sites to fly civil air- addresses all of the different potential ator from Alabama. craft subject to whatever terms and concerns. Again, it is about doing Mr. SESSIONS. Madam President, I conditions the FAA Administrator things right and well with this new would like to speak on an amendment deems appropriate for public safety and technology. I have submitted that will ensure the subject to the terms of the certificate Again, this is a commonsense amend- implementation of what is already re- of authorization already granted to the ment. The FAA should use the capa- quired by statute: a biometric exit sys- test sites. bilities Congress has put at its dis- tem for the United States. The law has

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.038 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1904 CONGRESSIONAL RECORD — SENATE April 12, 2016 required a biometric—that means a fin- ated a dedicated source of funds for the gal enterprise or terroristic plan, we gerprint, as opposed to biographic, implementation of a biometric exit want to know if they actually left the which is name and birth date—system system. It has been estimated that this country or are still in the country. that allows us to know who is coming fund will result in approximately $1 This is something law enforcement— into this country on a visa and whether billion that will be available solely for the FBI and Homeland Security—needs they left when they were supposed to the implementation of the biometric to know about. leave. It is absolutely critical to the exit system required by law. Yet, even I was told by one company that there safety of the United States. It is some- with this significant source of funding, are many competitors who would bid thing the 9/11 Commission rec- the administration continues to daw- for this work. There are all kinds of ommended as a high priority. Ten dle. My amendment will end that delay systems out there. One manufacturer years later, when they did their Review and bring this matter to a close. It will suggested we should host in the Capitol Commission report to see how their complete the system that the 9/11 Com- a products day and let all these compa- recommendations had been carried out, mission said was essential for our na- nies bring in their systems so staffers they noted that one of their top con- tional safety and security. and Members of Congress can go out cerns was the failure of Congress to My amendment simply states that no and see what the possibilities are and complete the system. funds from the FAA bill that we pass erase forever this idea that this is Right now when you come into the can be obligated or expended for the somehow impractical, not feasible, and United States, you put your hand on a physical modification of existing air can’t be done. screen and they clock you in biometri- navigation facilities—that is, a port of If Apple and Samsung and others can cally, and then when you leave, there entry—or of the construction of a new implement technology on your cell is no system that clocks you out. air navigation facility intended to be a phone, on your mobile phones to access It is just like going to work every port of entry, unless the Secretary of them, you can be sure the U.S. Govern- day. You take one of these iPhones. It Homeland Security certifies that the ment could work with the airports to has got this place on the bottom where owner or sponsor of the facility has en- complete a biometric exit system, as you put your finger. I put my thumb on tered into an agreement that guaran- the law has long required. Such a sys- it. I don’t have to put in my pass code; tees the installation and implementa- tem will not have large space require- it simply reads my fingerprint. This is tion of such a facility not later than 2 ments. U.S. Customs and Border Pro- done all over America. These screens years after the date of the enactment tection can work with the larger air- are not expensive. They don’t require a of the act. In other words, they have to ports with international terminals and lot of space. It is something that complete the contract to make this install physical equipment at their de- should be done. It has not been done. system work, and then we give them 2 parture gates. CBP can work with The first requirement for this was in full years to accomplish it. That is smaller airports to deploy handheld 1996 through the Illegal Immigration more than enough time. systems at gates handling inter- Reform and Immigrant Responsibility The amendment allows Customs and national flights. Act. The requirements were largely ig- Border Protection officers at each air- Ultimately, all a passenger exiting nored, and eventually modified until port that serves as a port of entry to the United States needs to do is place the terrorist attacks on September 11 create a solution that works specifi- his or her hand on a simple screen or, caused us to focus again on the issue. cally for the needs of CPB and the air- with some devices, even just wave their Congress responded by once again de- port. It gives them some flexibility to hand in front of it. We had an expert manding that government implement work these things out. It does, how- tell us they have a system you don’t an exit system with the passage of the ever, require—finally and I hope fully— even have to touch the screen. You can USA PATRIOT Act, which stated that an agreement that guarantees that the wave your hand in front of it, it reads an entry and exit data system should system will be installed and imple- the fingerprints, and the device will be fully implemented for airports, sea- mented at the airport in 2 years. biometrically identify the passenger as ports, and land border ports of entry These airports drag their feet. Air- the person exits. ‘‘with all deliberate speed and as expe- lines drag their feet. They do not like Somebody can take your name, go to ditiously as practical.’’ Fifteen years to be bothered about this. It is not in the airport, and exit the country with ago, that occurred. Congress then reit- their priorities, but it is not going to some sort of ID and claim they exited erated its demand for a biometric cause them great problems. It is not as you were supposed to exit, without entry-exit system in 2002 when it going to cause the airplanes great this biometric check, because you can passed the Enhanced Border Security problems. use any name. If they clear this screen- and Visa Entry Reform Act. This bill Somebody needs to be representing ing area, they move into the boarding required the government to install bio- the national interest around here, what area. They will be allowed into the metric readers and scanners ‘‘at all is in the public interest. They don’t get boarding area. If there is a hit because ports of entry of the United States.’’ to undo a law passed by Congress 20 the boarder is on some no-fly list be- Subsequently and consistent with the years ago that should have already cause of some danger, the passenger recommendations of the National Com- been implemented years ago. It is that can be denied boarding or removed mission on Terrorist Attacks Upon the simple. from the plane before it takes off, and United States, Congress passed the In- This deal could be done in 6 months their baggage can be removed from the telligence Reform and Terrorism Pre- if we had an administration that was plane. Importantly, the United States vention Act of 2004, which mandated determined to get it done. The equip- would then have a unified, automati- that the entry-exit system be biometri- ment is already available all over the cally produced list of those who have cally based. That was 12 years ago. country. Many police officers have departed on time and those who have Despite the relative successful imple- these screens in their cars. They arrest overstayed their visas. mentation of a biometric entry system, someone for DUI, and they make them Colleagues, I would note we are hav- the Department of Homeland Security put their hand on the screen, and it ing a huge surge in the number of peo- has largely failed to implement this re- runs a check throughout the United ple who come to this country on a visa quired biometric exit system. To date, States. They find out that someone ar- and don’t go home. It now amounts to Homeland Security has only imple- rested in Alabama has a warrant for over 40 percent of the people illegally mented a handful of pilot programs. murder in New York City. That is the in the country who came on a visa, They have had one excuse after an- way the system is working today all promising to go home at a certain other, and failed to do so. over the country. We can’t make this time, yet who are not going home. There have been some promising de- work at an international airport to en- We had a Democratic debate a few velopments in recent months, I would sure people who have a limited-time weeks ago when former Secretary Clin- note. visa in the United States actually ton said: Well, if you are found in the Of primary importance is the fact leave when they are supposed to? And United States unlawfully you should that Congress passed the Consolidated when we find out someone may be a only be deported if you have been in- Appropriations Act of 2016. This cre- terrorist or connected with some ille- dicted or charged with a violent felony.

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.040 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1905 How did this become the law? You are and in this case we voted for bills to fix subcommittee who attended the hear- not allowed to stay in the country. You it, they passed and became law and re- ing—Senators SCHUMER, FEINSTEIN, and can’t stay in the country if you over- quire the problem to be fixed, but it FRANKEN—all said they favored fixing stay your visa. That is the law. You are doesn’t happen. As decades go by, we this. I think we have a bipartisan deportable right there, whether you are sit by and nothing ever happens. A spe- agreement if we can get a vote, but, a good person or not, and even if you cial interest group speaks up here and once again, we may not be having a never committed a traffic offense. Now a special interest group speaks up vote. That would be very distressing we have leadership in this country so there and somehow it never happens. because I don’t see how anybody could detached from law, so detached from It is time to fulfill the promise and oppose the final completion of this the will of the American people, they commitment to the American people. much needed product. are saying you can come in and stay We promised the American people a I thank the Chair, and I yield the for years after overstaying your visa system that would demonstrably im- floor. and only be deported if you commit a prove our national security. As noted The PRESIDING OFFICER (Mr. violent felony. by former Commissioners on the Na- GARDNER). The Senator from New This has to be brought to a conclu- tional Commission on Terrorist At- Hampshire. tacks Upon the United States in a re- sion. The American people want a law- NATIONAL EQUAL PAY DAY ful system of immigration—are they port issued in 2014, ‘‘Without exit- Ms. AYOTTE. Mr. President, I rise wrong to ask for that?—one that serves tracking, our government does not because it is Equal Pay Day, and I the interests of the American people, know when a foreign visitor admitted would like to talk about the impor- one that is worthy of a nation that to the United States on a temporary tance of finally ending gender-based validates the rule of law, or do we just basis has overstayed his or her admis- discrimination in wages. It is unfortu- give in? Do we capitulate to lawless- sion. Had the system been in place be- nate that in the year 2016, this is still ness, and anybody who comes and can fore 9/11, we would have had a better an issue we need to address in this get into our country—even for a chance of detecting the plotters before country, but it is. month, presumably—and who commits they struck.’’ I had the privilege of serving as our a $50,000 bank fraud is not going to be We have long known that visa State’s first female attorney general. I deported because it is not a violent overstays pose serious national secu- think it is the right thing to do and the crime, even though the law says other- rity risks. A number of the hijackers obvious thing to do, and under our laws wise? on September 11 overstayed their visas. Let me just note that for a host of The number of visa overstays impli- this already exists—that equal pay for reasons the system should be based on cated in terrorism since then is cer- equal work should be the standard. All the fingerprint system where we main- tainly a significant number. A new poll of us should be judged in the workplace tain our extensive database. There are came out earlier this year that indi- by our experience, our qualifications, eye systems that will read your eyes, cates that three out of four Americans and our capability of doing our job and we have systems that will read your not only want the Obama administra- nothing else. face, but, colleagues, do not be led into tion to find these aliens who overstay Women face many challenges in bal- that. We are not ready to do that. their visas—not just the ones who have ancing work and family life. I know There is no data system that supports committed violent felonies—but also that firsthand, being the working mom a face system. Let’s stay with the fin- deport them. The same poll indicates 68 of two young kids. On top of those gerprints, as experts have told us. percent of Americans consider visa challenges, no woman, whether she is a Let me also note that numerous overstays as a ‘‘serious national secu- mother or not, should ever face gender- countries around the world, including rity risk,’’ and 31 percent consider visa based pay discrimination in the work- New Zealand, Singapore, and Hong overstays as a ‘‘very serious’’ national place. Today, more than half of New Kong, use a biometric system now. security risk. And there is little doubt Hampshire’s women serve as the pri- This is proven. There are approxi- about why. mary or coearner in their household. mately 17 countries. The risks to our national security That just underscores the serious need Ending this failure has bipartisan are too high for us to maintain the sta- to address this problem. support. My subcommittee—the Sub- tus quo. We are having more and more Men and women should receive equal committee on Immigration and the Na- people traveling by air to the United pay for equal work. It is that simple. tional Interest—held a hearing on Jan- States from around the world. We sim- Your salary should be based on how uary 20 entitled ‘‘Why is the biometric ply allow them to come on a very gen- you do your job. Because of that, I in- exit traffic system still not in place?’’ erous basis. They commit to leaving troduced the Gender Advancement in During the hearing, we got promises after a given period of time. Whether it Pay Act, or GAP Act, along with Sen- from the administration but no com- is for a vacation or a job, they then ators CAPITO, PORTMAN, BURR, and mitment regarding when such a system plan to return to their home country, HELLER, and I thank my cosponsors for would actually be deployed. and we need a system to know if they supporting this effort. Just a few weeks later, Secretary are complying with that. We must ful- What we did is we built on a highly Johnson of Homeland Security made fill the promise we made to the Amer- successful bipartisan pay equity law statements directing the Department ican people and do all we can to com- that was signed into law in my home of Homeland Security to begin imple- plete this system. My amendment State of New Hampshire in 2014. The mentation of the system at our air- would do so. It would finally bring this GAP Act makes it clear that employers ports by 2018—begin the implementa- to a conclusion because it would say to must pay men and women equal wages tion by 2018. So this is another mere the Air Force: We have money to help for equal work, without reducing the promise—the kind of promises that you do your runways, expand your air- ability of employers to provide merit have never resulted in the production ports, and do the kinds of things you pay and reward merit, which all of us of a system, and that uncertainty must would like to, but we want this agree- want. Having been the first woman at- end. The obvious missing piece is an ment in place first. torney general, I want to give women actual completion date. This bill would Mr. President, I understand that the opportunity to outperform their create that. It is these kinds of lulling some on the Democratic side intend to male counterparts as well because I comments we have heard for all these object to calling up this amendment. It know we can. years that have kept us from actually was my intention at this time to call Today, there is a patchwork of laws following through on the system. up this amendment. I don’t see any that govern equal pay and an employ- If Congress would like to know why Democrat here, but I have been told ee’s ability to discuss their pay with- the American people are not happy that is what they want to do, and they out fear of retaliation, and differing with their leaders in Washington, this passed that word along. So in an act of court opinions have led to a situation is a good example of it, a very good ex- courtesy, I will not call up the amend- where some employees receive protec- ample. Congress promises to fix a prob- ment at this time, but we need to bring tions not available to others simply lem, we even vote for a bill to fix it, it up. Every Democratic member of my based on where they live. As such, the

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.041 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1906 CONGRESSIONAL RECORD — SENATE April 12, 2016 GAP Act is a sensible approach to up- uncover incidents of gender-based pay nation once and for all, because equal dating, clarifying, and strengthening discrimination. pay for equal work just makes sense. It these laws. So our bill prohibits retaliation is the right thing to do, and it should For 20 years the Paycheck Fairness against employees who discuss their be how our laws work. Act has been around in the Congress. It pay, and tells employers they can’t in- I yield the floor. has never passed. One of the reasons, I stitute secret pay policies and they I suggest the absence of a quorum. think, was described very well in 2010 can’t ask an employee to bargain away The PRESIDING OFFICER. The by the Boston Globe. It said that the their right to be able to talk about clerk will call the roll. Paycheck Fairness Act, as a whole, was their pay if they choose to. The bill clerk proceeded to call the too broad a solution to a complex, Importantly, after getting feedback roll. nuanced problem, but that a narrower from stakeholders in our States, we Mr. FLAKE. Mr. President, I ask bill that would stiffen some penalties made sure that provision is strong. The unanimous consent that the order for and ban retaliation would be helpful. cosponsors of this bill reintroduced an the quorum call be rescinded. That is exactly what the GAP Act is— updated version of this bill this week The PRESIDING OFFICER. Without a bill that stiffens penalties, bans re- to ensure that there are stronger provi- objection, it is so ordered. taliation, and clarifies the law so that sions for salary transparency and to Mr. FLAKE. Mr. President, I rise to we can ensure we have equal pay for make it clear that employers cannot speak in support of Flake amendment equal work. sidestep provisions that ban retaliation No. 3556. In short, my bill updates the Equal against employees who discuss their The amendment is simple. It simply Pay Act’s ‘‘factor other than sex’’ pay. It prohibits pay secrecy policies strikes the newly added prohibition in clause. Currently, employers can ex- that could encourage this kind of be- the Visa Waiver Program on citizens of plain away pay differentials by point- havior. Visa Waiver Program countries who ing to a number of factors. One of those On Equal Pay Day, today, it is very are also dual nationals of certain other was ambiguously written to be a ‘‘fac- important that we all work together to countries, such as Iran, Iraq, Sudan, tor other than sex.’’ Our bill closes this do anything we can to end the gender and Syria. loophole and clarifies that any factor wage gap. One of the things we should To be clear, this amendment keeps in other than sex must be a business-re- do is to stop the political posturing. place all other provisions added to the lated factor, such as education, train- Let’s stop using this incredibly impor- Visa Waiver Program to improve the ing, or experience. It makes sense; tant issue as a political football, be- security of the program, such as re- doesn’t it? Why would you allow a de- cause legislation like the Paycheck quiring greater information sharing. fense of a ‘‘factor other than sex’’ that Fairness Act has been around 20 years. However, the dual national provision has nothing to do with your job? To I am glad to introduce the GAP Act, does not provide any meaningful secu- me, that seems to be inviting discrimi- because I believe this is a common- rity benefit and, instead, is a detriment nation. That is why we should clarify sense piece of legislation that gets at to the country and the vast majority of the law to make clear that it has to be the issue by clarifying our laws in a dual nationals who provide a great ben- a factor related to your job—such as way that benefits employees. It makes efit to the United States. education, training, or experience. This sure it is clear that if you willfully vio- The problem with the dual national would clarify the law for employees late our laws, you are going to have to prohibition is twofold. It is both impre- and protect the rights of employees, pay a penalty. We are going to take cise in its application, and it is dif- and, also, employers would clearly that money, and we are going to put it ficult, if not impossible, to administer. have this provision defined. back into research to further help us One reason the prohibition is imprecise The GAP Act also creates a penalty address the pay gap. We are also going is because it prevents travel under the for willful violations. This is actually to make clear for plaintiffs that, if you program regardless of travel history. one step further than New Hampshire’s want to file an EEOC claim and you For example, a dual national of Iran bipartisan pay equity law. So it would also want to file an equal pay claim, we who is prohibited from using the Visa put teeth into it, and I think that is will make sure you can do both, and Waiver Program need not have ever important. Employers that knowingly your rights will be protected to do both been to Iran to be prohibited. In fact, act with the intent to discriminate by staying the statute of limitations there is no clear definition of who should have to pay a penalty. What we while the EEOC claim is going forward. qualifies as a dual national, and it do with the funds from this penalty is This will help plaintiffs not have to demonstrates how this prohibition is to take the funds and, rather than put- litigate in two forums. This will also impossible to administer. ting them back in the General Treas- allow the EEOC to do their job and, if Many groups have pointed out that ury, we are going to study the wage they find discrimination, to be used in there is no international agreement on gap issue, make sure we have the best an equal pay act claim. This is another the rules of nationality, and that many research on what is causing it and what important step for plaintiffs and also people are dual nationals even if they is happening, and find more ways to ex- to clarify that those who are victims of do not wish to be. For example, there is pand opportunities for women in the discrimination are able to bring their no automatic way to relinquish one’s workforce with better paying jobs. rights forward. Iranian nationality. It can only be ac- The GAP Act would also promote sal- On Equal Pay Day today, I hope we complished if the individual is allowed ary transparency. According to the In- can stop making this a partisan issue to do so by the Iranian Council of Min- stitute for Women’s Policy Research, and start actually passing legislation isters and fulfills a number of require- about half of workers were discouraged that will make a difference. In 2014 ments, including the completion of na- or outright prohibited from discussing New Hampshire passed an important tional military service. Does this sound their pay with coworkers. When em- law. I was glad New Hampshire did likely or possible for an individual who ployees are allowed to discuss their that. I was glad that I could introduce has never resided in Iran? pay, they are more likely to uncover what New Hampshire did here in the Now, the administration has recently incidents of discrimination. Yet, if I Senate on a bipartisan basis and build stated that they will determine each am not allowed to discuss my pay and on that to introduce the GAP Act with potential visitor’s nationality on a I find a coworker who is the same situ- some of my colleagues. case-by-case basis. According to them, ated as me yet making more money—a I hope today, on Equal Pay Day, we ‘‘the U.S. government need not recog- male counterpart—and I am not al- will take up legislation like the GAP nize another country’s conferral of na- lowed to raise this because I can’t dis- Act and address gender-based pay dis- tionality if it determines that nation- cuss pay comparisons, then how am I crimination. We are in 2016. I have an ality to be ‘nominal.’ ’’ going to raise a claim of discrimina- 11-year-old daughter. I don’t want to be They also said ‘‘DHS assesses wheth- tion? So we need to make it more discussing this 20 years from now. I er an individual is a national of a coun- transparent. We need to ensure that would like us to work on this in a seri- try based on an individual’s relation- employees are allowed to discuss their ous, bipartisan manner, to address this, ship to that country, such as if an indi- pay. This will make it more likely to and to end gender-based pay discrimi- vidual maintains allegiance to that

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.048 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1907 country.’’ However, the administration aviation. Living in a State of such aviation, that is aviation infrastruc- would not specify what counts as enormous scale with numerous remote ture, and that is aviation security. ‘‘maintains allegiance.’’ communities gives Alaskans a very Let me talk about some of the sub- These examples show that the Visa deep appreciation for air travel, which stance more broadly for the country Waiver Program is gaining nothing in many cases provides the only means and why this bill is so important. when it comes to actual security, and, for transportation for many residents. One aspect of the bill is the Pilot’s instead, unfairly prohibits individuals’ One of the things that is very much Bill of Rights 2. Building off the suc- participation based on meaningless an honor being in the U.S. Senate is cess of the initial Pilot’s Bill of Rights, standards. how different Senators come and de- this provision continues to make essen- Furthermore, of greatest concern is scribe life in their States so all Ameri- tial reforms for pilots—mostly general the potential for reciprocal treatment cans have a better understanding of aviation pilots who are so important to of U.S. citizens. Just today, the Euro- how the entire country is knitted to- my State—streamlining an overly bur- pean Commission asked European gether, how we work together, but densome medical certification process, Union governments and European law- what unique challenges different increasing transparency and access to makers to suggest what actions the States have. additional information for pilots in all Commission might take due to the For more than 100 communities in the different aspects of their require- lack of visa waivers for some EU citi- Alaska—including regional centers ments as to being pilots in the general zens. Now, while there are a number of such as Bethel, Nome, Barrow, and aviation community. There are provi- concerns when it comes to reciprocity, Kotzebue—aviation is the only means sions that also balance and make es- this dual nationality provision has not of getting in or out of those commu- sential inroads toward rebalancing the gone unnoticed. Specifically, the Com- nities since there are no roads. Most relationship between the FAA and gen- mission stated: ‘‘In parallel to dis- States don’t understand that. There eral aviation pilots. cussing full visa reciprocity, the Com- are no roads, no ferry service, so avia- One thing this Senate bill does not mission will continue to monitor the tion is critical. Alaska is unique in its do—there has been a discussion over in implementation of the changes in the dependence on aviation, and we have a the House—is it does not transfer the Visa Waiver Program.’’ very busy, what we call highway of the air traffic control services that are so After expressing concerns about the skies. There are more pilots per capita important to many of our States—par- negative consequences of these changes in my State than any other State in ticularly rural States—to a private on ‘‘bona fide EU travelers,’’ the Com- the country. So that means everything corporation. This bill also, very importantly, mission invited the United States to from mail, to groceries, to baby diapers strengthens safety for pilots and pas- consider the Equal Protection in Trav- has to be flown in by plane to many sengers across the country. You can’t communities. If someone gets sick and el Act of 2016 in order to mitigate re- pick up the news and not see how im- needs to see a doctor, oftentimes that strictions imposed on dual nationals. portant this issue is. From the terror can only be done by air. There are over This amendment is that act. attacks in Brussels, at the airport 400 general aviation airports across I agree that we should mitigate these there, to the Russian flight out of restrictions on dual nationals and miti- Alaska, 250 of which are owned and op- Egypt that went down because of a sus- gate the chances of reciprocal treat- erated by the State of Alaska, and that pected ISIS attack, to instances of ment for U.S. citizens. The U.S. pass- doesn’t include hundreds of heliports criminal behavior even among U.S. air- port is the most powerful in the world, that support mining, timber, the oil port employees, events around the and we need to ensure it remains that and gas industry, and others. world have underscored how important General aviation and aviation infra- way. We should not threaten that sta- the need for stronger security meas- structure are critical components of tus for a provision that is both impre- ures for our Nation’s air travel is. cise and impossible to administer. our economy and our quality of life in What is really important is this is I hope we can have a vote on this our State, in Alaska. It is fundamental the Senate taking proactive action. amendment, and I hope my colleagues in terms of connecting people and com- This is not a bill on aviation security can support it. munities and promoting and sustaining where we are reacting to some horrible I yield the floor. economic development. Indeed, esti- tragedy, God forbid, in terms of avia- I suggest the absence of a quorum. mates show that the general aviation tion security, whether an accident or a The PRESIDING OFFICER. The community contributes over $1 billion terrorist attack at one of our airports. clerk will call the roll. a year in economic activity to the What we have been doing is looking at The bill clerk proceeded to call the State of Alaska’s economy and sup- the challenges in these areas and tak- roll. ports over 47,000 jobs; that is 1 in 10 ing proactive measures so we don’t Mr. SULLIVAN. Mr. President, I ask jobs in the entire State. have to react when there is a terrorist unanimous consent that the order for This is a very important bill. It is an attack or an accident. the quorum call be rescinded. important bill for the State of Alaska, So these are comprehensive airline The PRESIDING OFFICER. Without but it is also an important bill for the security reforms that are some of the objection, it is so ordered. United States of America. The FAA re- most important that have occurred and Mr. SULLIVAN. Mr. President, I rise authorization bill will expire in July, that we have debated in this body for today to speak in support of the Fed- and it is important to avoid the uncer- over a decade. Let me list just a few of eral Aviation Administration reauthor- tainty of more short-term extensions them. ization bill which is before the Senate by passing the authorization bill we The bill includes several measures and which we have been debating over have had on the floor of the Senate for the security of passengers by im- the last week. Ensuring that our great over the last week. proving airport employee vetting to en- Nation—States such as Colorado and I thank Chairman THUNE and Rank- sure that potentially dangerous indi- Alaska that have important aviation ing Member NELSON for all the work viduals don’t have access to secure industries—has a healthy and safe gen- they have been doing night and day, areas in our airports, expanding the en- eral aviation community and com- really for months on this important bi- rollment in the TSA PreCheck Pro- prehensive aviation infrastructure is partisan bill. So far the process has gram so passengers move through secu- exactly the type of issue this Congress been a model of how the Senate should rity lines into more secure areas more needs to be working on and the type work. quickly—we saw how important that that has been a top priority in previous Our friends in the media love to write was in Brussels—and enhancing secu- Congresses. the stories about nothing working in rity for international flights bound for In my State, aviation has a very rich the U.S. Senate. I don’t think so. There the United States. history and is an incredibly important are a lot of important bills moving— Overall, this legislation addresses a driver of our economy but also an im- the highway bill, the Education bill, growing concern in terms of security, portant element of connecting the en- human trafficking. Now we are looking including the cyber security threats tire State. Many aspects of our lives in at a bipartisan way to address a very facing aviation and air navigation sys- Alaska rely on commercial and general important bill for the country; that is tems for our commercial airlines. The

VerDate Sep 11 2014 01:46 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.049 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1908 CONGRESSIONAL RECORD — SENATE April 12, 2016 bipartisan FAA Reauthorization Act gotiate for equal pay. I can’t tell you women are in the workplace, and they does more for passengers and more for the number of times I have heard are in the workplace for real and per- security than any bill, at least in the women in my State say: Well, I just manently. It recognizes that when we last decade. It is an important bill, it is didn’t know I wasn’t getting paid what have family-friendly policies, we have a good bill for America, and it is a good a man was getting paid. And employers a better workforce, we have a more ec- bill for Alaska. It will advance meas- saying: Well, she didn’t ask and he did. onomical workforce, and we have an ures to keep us safer. That is why I am I think we need to be able to give the opportunity for employers to keep supporting this bill, and I encourage tools to women so they know when their businesses. my colleagues to do so as well. there is disparate treatment. We need Recently, in North Dakota, Senator I yield the floor. to close the loopholes the courts have GILLIBRAND and I traveled around the The PRESIDING OFFICER. The Sen- created in the law, we need to create State talking about our paid leave pol- ator from North Dakota. strong incentives for employers to obey icy in the FAMILY Act. We were in a NATIONAL EQUAL PAY DAY the laws that are in place, and we need small business with less than 10 em- Ms. HEITKAMP. Mr. President, as we to strengthen Federal outreach and en- ployees. The owner said he would love have heard all day, today is Equal Pay forcement efforts. to provide this benefit, but there was Day. What does that mean? That Looking at pay is only one part of no way he could economically afford it. means that today is the first day the equation. We also need to pass If anything happened to one of his em- women in the workforce—if we sepa- other family-friendly policies, such as ployees, there would be no way he rated male and female workers—would the FAMILY Act, which would estab- could give this benefit and also hire a actually get a paycheck in the year. lish a Federal paid leave policy. temporary worker. If he had the oppor- That is pretty remarkable, and it is a I can only imagine what the debate tunity to share that risk broadly with disparity we have been working on for was in this body when somebody came all small employers in the country, decades in this country but still have up with the idea to introduce employ- that shared risk would then make this not achieved the parity that we believe ment insurance. I am sure there were a benefit available to him, and he could is absolutely essential if we are going lot of discussions about yet another keep his employees. He could keep to be a family-friendly and forward- program and yet another system that those employees whom he trained, and looking country with a growing and would actually add to the payroll tax he could make sure they were better prosperous middle class. and add to burdens put on families. employees when they came back be- I think way too often the issue of pay Who today in this body would pro- cause they have that benefit. equity—the issue of equal pay—is char- pose that we eliminate unemployment We need to understand this isn’t just acterized as a woman’s issue. It is char- insurance? It has been a valuable tran- about the girls. This isn’t just about acterized as something that only elite sition opportunity so our workers can the women of the Senate standing up. women care about, and it is character- look for that next job without dis- It is about a shared experience we have ized as something that is not some- rupting their family payment. As a all had. It is a shared experience of thing for the government to address. person whose father was a seasonal having to choose between going home Well, I am here to dispel all of those construction worker, I know how crit- and taking care of your mother or ac- myths. I think we can only fairly say ical that benefit was to my family tually feeding your family. That is not that by shortchanging women, employ- when I was growing up. I know unem- much of a choice. When we look at why ers are also shortchanging working ployment insurance frequently gave people are angry in America today and families. Families need a full salary so our family the ability to put food on why they feel like they are not getting they can put food on their table and the table in my household. ahead, it is because they are falling make sure children have the medical Let’s talk about what happens when further and further behind because we care they deserve. someone has a baby. Let’s talk about aren’t adopting 21st century policies, We have all heard the stark statistic what happens when someone’s mom such as the FAMILY Act, equal pay for that nationally women only earn 79 gets sick. Let’s talk about what hap- equal work, and recognizing the value percent of what White, non-Hispanic pens when we have a catastrophic ill- of what women do. males are paid. In North Dakota, the ness of our own. Many people in my I will close with a true story. When I numbers are even more dramatic. The State—in fact, the majority of people was in college, between my freshman pay equity there is 71 percent. Women in my State—do not have 1 day of paid and sophomore year, I was a nanny. It earn just 71 percent of what men make leave. So their choice is to take care of was very rewarding. I loved the kids, in my State. It is unacceptable. It is their family’s health conditions or to but it was hard work and it was 24/7. unacceptable at a time when—accord- take care of their newborn child and After working as a nanny, I was a con- ing to a recent study from the Pew Re- just quit their job or go on unpaid struction worker. Do you know why I search Center—women are now the leave and actually not receive a salary. worked construction? I was paid better leading solo breadwinners in 40 percent How many people can go on unpaid and the work was not as difficult. I of households. That compares to just 11 leave and not receive salary? Not a lot. worked in a factory cleaning pipes, I percent in 1960. It does not make sense What it means is that frequently when worked on road construction, and I that we are still struggling to make people have to transition away from worked on rural water construction. the same amount as men for equal work, all of a sudden that person quali- Yes, that is hard work, and I was a la- work. fies for food stamps, qualifies for Med- borer in all of those jobs. It is hard Additionally, in North Dakota, 74 icaid, and qualifies for other govern- work, but none of it is as hard as tak- percent of children live in households ment assistance programs. The cost to ing care of children, sick people, or the where both parents work. Both parents the employer for those government elderly. Yet in America those jobs pay need to work in order to support their programs is equal to the price of a cup less. families. When women don’t make as of coffee a week. For $1.50 a week per It is time we evaluate what is hap- much as men, it doesn’t just hurt employee, we can provide this benefit. pening in the workplace and what is them, but it hurts their children and How do we know we can provide this happening to America’s families so we families across the country. benefit? Because we have States that can adopt these family-friendly poli- What is Congress to do about this have done it. California, which re- cies. In fact, we need to listen to our disparity? We need to pass a paycheck stricted their payment, I believe, to 50 constituents so we can have empathy fairness bill. We need to make sure we percent to families who used this insur- for the challenges of American fami- have this critical piece of legislation, ance benefit, recently upped that lies. When that empathy finds its way which responds to this concern, in our amount to 70 percent. This bill would to public policy in the halls of Con- laws and in the statutes of the United put it at 66 percent. gress, people will once again feel recon- States of America. The FAMILY Act is also a critical nected to their government. What does paycheck fairness do? It piece of legislation that moves our em- I encourage everyone who hasn’t would help close the pay gap by taking ployment economy into the 21st cen- taken a look at pay equity and hasn’t critical steps to empower women to ne- tury. It actually recognizes that yet taken a look at the FAMILY Act to

VerDate Sep 11 2014 02:11 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.051 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1909 understand and appreciate what this Revenue Code of 1986 to permanently extend I first learned of the threats they are can do for their constituents, what this increased expensing limitations, and for facing, the U.S. Agency for Inter- can do for the American workplace, other purposes. national Development has provided and how we can help small businesses Mitch McConnell, Daniel Coats, Lamar millions of dollars to nongovernmental Alexander, Bob Corker, Roger F. provide the services and benefits they Wicker, Orrin G. Hatch, Thom Tillis, organizations in Indonesia to try to en- need to provide so they can compete in John Hoeven, Kelly Ayotte, John sure their survival in the wild. this very competitive workforce envi- Thune, Mike Rounds, Roy Blunt, John Important progress has been made. ronment. Cornyn, Pat Roberts, John Barrasso, Back when the program started, it was With that, I yield the floor. Johnny Isakson, James M. Inhofe. feared that the orangutan would be ex- The PRESIDING OFFICER. The ma- Mr. MCCONNELL. I ask unanimous tinct in the wild within 15 years if jority leader. consent that the mandatory quorum nothing was done. That has not hap- AMENDMENT NO. 3464, AS AMENDED call be waived. pened, but their survival is far from as- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without sured, as an article in the April 6, 2016, move to table the Thune amendment objection, it is so ordered. edition of the New York Times entitled ‘‘Adapting to Life as Orphans, Fires No. 3464. AMENDMENT NO. 3680 TO AMENDMENT NO. 3679 and Corporate Expansion Threaten In- The PRESIDING OFFICER. The Mr. THUNE. Mr. President, I call up donesia’s Orangutans,’’ describes. It re- question is on agreeing to the motion. amendment No. 3680. minded me of what had sparked my at- The motion was agreed to. The PRESIDING OFFICER. The tention 20 years ago and how much AMENDMENT NO. 3679 clerk will report. more there is yet to do. (Purpose: In the nature of a substitute) The senior assistant legislative clerk Orangutans and humans share 97 per- Mr. MCCONNELL. Mr. President, I read as follows: cent of the same DNA. They are ex- call up substitute amendment No. 3679. The Senator from South Dakota [Mr. traordinarily intelligent animals and The PRESIDING OFFICER. The THUNE] proposes an amendment numbered physically far stronger than humans, 3680 to amendment No. 3679. clerk will report. but today, like all species, their sur- The senior assistant legislative clerk Mr. THUNE. I ask unanimous con- vival depends on humans. read as follows: sent that the reading of the amend- The Indonesian Government has The Senator from Kentucky [Mr. MCCON- ment be dispensed with. taken steps to change people’s atti- NELL], for Mr. THUNE, proposes an amend- The PRESIDING OFFICER. Without tudes toward orangutans, so they are ment numbered 3679. objection, it is so ordered. recognized as deserving of protection, Mr. MCCONNELL. I ask unanimous The amendment is as follows: not as pests to be killed or captured consent that the reading of the amend- (Purpose: To strike and replace section 4105) and kept as pets. In many ways, the ment be dispensed with. Strike section 4105 and insert the fol- orangutan is or could be Indonesia’s The PRESIDING OFFICER. Without lowing: equivalent of China’s Giant Pandas objection, it is so ordered. SEC. 4105. ADS-B MANDATE ASSESSMENT. which are protected and admired (The amendment is printed in today’s (a) ASSESSMENT.—Not later than 1 year around the world. RECORD under ‘‘Text of Amendments.’’) after the date of enactment of this Act, the Among the biggest threat to orang- CLOTURE MOTION Inspector General of the Department of utans today is the palm oil industry, Transportation shall assess— which is responsible for the destruction Mr. MCCONNELL. Mr. President, I (1) Administration and industry readiness send a cloture motion for the sub- of huge areas of tropical forest where to meet the ADS–B mandate by 2020; orangutans live. The fires used to clear stitute amendment to the desk. (2) changes to ADS–B program since May The PRESIDING OFFICER. The clo- 2010; and the forest for the planting of palm oil ture motion having been presented (3) additional options to comply with the trees has caused havoc on the environ- under rule XXII, the Chair directs the mandate and consequences, both for indi- ment and public health, contributing clerk to read the motion. vidual system users and for the overall safe- not only to the destruction of species The bill clerk read as follows: ty and efficiency of the national airspace but widespread drought. system, for noncompliance. The New York Times describes this CLOTURE MOTION (b) REPORT.—Not later than 60 days after increasingly precarious situation. I We, the undersigned Senators, in accord- the date the assessment under subsection (a) want to quote a few passages from that ance with the provisions of rule XXII of the is complete, the Inspector General of the De- Standing Rules of the Senate, do hereby article: partment of Transportation shall submit to ‘‘The blazes destroyed more than move to bring to a close debate on Senate the appropriate committees of Congress a. amendment No. 3679. report on the progress made toward meeting 10,000 square miles of forests, blan- Mitch McConnell, Daniel Coats, Roger F. the ADS–B mandate by 2020, including any keting large parts of Southeast Asia in Wicker, Roy Blunt, Orrin G. Hatch, recommendations of the Inspector General to a toxic haze for weeks, sickening hun- Thom Tillis, John Hoeven, Rob carry out such mandate. dreds of thousands of people and, ac- Portman, James Lankford, John f cording to the World Bank, causing $16 Thune, Mike Rounds, John Cornyn, billion in economic losses.’’ John Barrasso, Johnny Isakson, James MORNING BUSINESS ‘‘They also killed at least nine orang- M. Inhofe, Jerry Moran, Kelly Ayotte. utans, the endangered apes native to Mr. MCCONNELL. I ask unanimous the rain forests of Borneo and Suma- consent that the mandatory quorum THREAT TO INDONESIA’S ORANGUTANS tra. More than 100, trapped by the loss call be waived. of habitat, had to be relocated. Seven The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, a Decem- orphans, including five infants, were objection, it is so ordered. ber 16, 1997, New York Times article en- rescued and taken to rehabilitation CLOTURE MOTION titled ‘‘Asia’s Forest Fires, Scant centers here.’’ Mr. MCCONNELL. Mr. President, I Mercy for Orangutans’’ described the ‘‘Indonesia has approved palm oil send a cloture motion for the bill to widespread illegal logging and slash concessions on nearly 15 million acres the desk. and burn agriculture that posed an ex- of peatlands over the last decade; burn- The PRESIDING OFFICER. The clo- istential threat to the orangutan, one ing peat emits high levels of carbon di- ture motion having been presented of the world’s only four species of great oxide and is devilishly hard to extin- under rule XXII, the Chair directs the apes. It was after reading that article guish.’’ clerk to read the motion. and speaking to scientists who had de- ‘‘Multinational palm oil companies, The bill clerk read as follows: voted their lives to saving the orang- pulp and paper businesses, the planta- CLOTURE MOTION utan from extinction that I started a tions that sell to them, farmers and program in the foreign aid budget to We, the undersigned Senators, in accord- even day laborers all contribute to the ance with the provisions of rule XXII of the help protect their rapidly shrinking problem.’’ Standing Rules of the Senate, do hereby habitat. ‘‘While it is against Indonesian law move to bring to a close debate on Calendar Orangutans live in only two places on to clear plantations by burning, en- No. 55, H.R. 636, an act to amend the Internal Earth, Borneo and Sumatra, and since forcement is lax. The authorities have

VerDate Sep 11 2014 04:19 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.052 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1910 CONGRESSIONAL RECORD — SENATE April 12, 2016 opened criminal investigations against family of four, 4 months of mortgage HONORING OUR ARMED FORCES at least eight companies in connection and utility payments, or 6 months of CALIFORNIA CASUALTIES with last year’s fires, but there has yet rent. Mrs. BOXER. Mr. President, today I to be a single high-profile case to get And the wage gap is even bigger for wish to pay tribute to four service- to court.’’ African-American and Latino women. members from California or based in ‘‘The government in Jakarta, the African-American women are paid just California who have died while serving capital, has recently banned the drain- 63 cents. Hispanic women are paid just our country in Operation Freedom’s ing and clearing of all peatland for ag- 43 cents. We can’t allow this discrimi- Sentinel and in Operation Inherent Re- ricultural use, and it has ordered pro- nation to continue. solve since I last entered names into vincial governments to adopt better Next, I would like to address a long- the RECORD. fire suppression methods. But it has standing myth about the wage gap. TSgt Anthony E. Salazar, 40, of not publicly responded to calls for bet- Some say it exists only because women Hermosa Beach, CA, died April 13, 2015, ter prevention, such as cracking down choose lower-paying professions than at an air base in southwest Asia in a on slash-and-burn operations by large men. For example, women are the vast noncombat related incident. Technical palm oil companies.’’ majority of child care and home health Sergeant Salazar was assigned to the It would be an unforgiveable tragedy care workers. This is a myth. 577th Expeditionary Prime Base Engi- if any species of great apes were to be- Even when women perform the same neer Emergency Force Squadron, 1st come extinct in the wild. They are all job as men, with the same level of edu- Expeditionary Civil Engineer Group, endangered—gorillas, chimpanzees, cation, the wage gap persists. For ex- U.S. Air Forces Central Command. bonobos, and orangutans. We need to ample, men who are nurses are paid CAPT Jonathan J. Golden, 33, of do whatever is necessary to build inter- $5,000 more than women, even though Camarillo, CA, died October 2, 2015, in national support for protecting these only 10 percent of nurses are men. the crash of a C–130J Super Hercules animals, and to help countries like In- We need to do more to close the wage aircraft at Jalalabad Airfield, Afghani- donesia enforce its laws to stop the de- gap, and I am very proud that Cali- stan. Captain Golden was assigned to struction of tropical forests on which fornia is leading the way. A landmark the 39th Airlift Squadron, Dyess Air these and so many other species de- bill signed by Governor Jerry Brown Force Base, TX. pend. last year protects women from retalia- SGT Joseph F. Stifter, 30, of Glen- f tion if they ask how their pay com- dale, CA, died January 28, 2016, at Al Asad Airbase, Al Anbar Province, Iraq, NATIONAL EQUAL PAY DAY pares to their colleagues. This is im- portant because secrecy contributes to from wounds suffered when his armored Mrs. FEINSTEIN. Mr. President, the wage gap. Women often don’t know HMMWV was involved in a roll-over ac- today is Equal Pay Day, and I wish to they are being paid substantially less cident. Sergeant Stifter was assigned speak about the importance of ensur- than men. to the 1st Battalion, 7th Field Artillery ing women in this country are paid The bill also requires employers to Regiment, 2nd Brigade Combat Team, fairly. justify higher wages for men who per- 1st Infantry Division, Fort Riley, KS. April 12—102 days into the year— form the same jobs as women. SSgt Louis F. Cardin, of Temecula, marks the day that women’s wages This law is a big step to improve the CA, died March 19, 2016, in northern catch up to men’s wages from the pre- Iraq, from wounds suffered when the vious year. That is unacceptable. We economic security of California fami- lies. enemy attacked his unit with rocket can do better. fire. Staff Sergeant Cardin was as- Last week, the national women’s soc- While it is good news that States are addressing this issue, the wage gap is a signed to the 2nd Battalion, 6th Marine cer team filed a complaint with the Regiment, 26th Marine Expeditionary Equal Employment Opportunity Com- national problem. It affects all Amer- ican women, and the Senate must take Unit, Camp Lejeune, NC. mission. The complaint states that f women are paid just 40 percent of what action. The Paycheck Fairness Act is a men are paid—despite the fact that our good place to start. I have long sup- 37TH ANNIVERSARY OF THE SIGN- women’s soccer team has long been one ported this bill, which is sponsored by ING OF THE TAIWAN RELATIONS of the best in the world. The team has Senator BARBARA MIKULSKI. ACT won four of the last five Olympic Gold The Paycheck Fairness Act is similar Mr. BOOZMAN. Mr. President, today Medals and three of the last seven to the new California law. It would pro- I wish to recognize the 37th anniver- World Cups. Women soccer players are tect women from retaliation and re- sary of the enactment of the Taiwan even given smaller per-diems when quire employers to justify paying Relations Act, TRA. Since the TRA they travel. Women receive $50 per day women less than men for the same job. was signed into law in 1979, the U.S.- while men receive $62.50 per day. This The bill would also make it easier for Taiwan bilateral relationship has con- shows the pervasiveness of wage dis- women to take legal action under the tinued to expand, growing into an im- crimination in this country. The most Equal Pay Act, including class action portant friendship as trading partners successful women’s soccer team in the lawsuits. and allies. In 2015, Taiwan became the world still earns just 40 cents for every Under current law, it is significantly United States’ ninth largest trading dollar earned by men. easier to recoup lost wages if they were partner and our seventh largest des- Next, I would like to turn to my denied through other discriminatory tination for agricultural exports. My home State. Women in California are practices—like failure to pay overtime. home State of Arkansas has seen first- paid just 84 cents for every dollar Lastly, the bill would create a train- hand the benefit of these close com- earned by men. While better than the ing program to help women learn how mercial partnerships with Taiwan. national average of 79 cents, Califor- to negotiate their salaries. As a member of the Senate Taiwan nia’s wage gap totals nearly $40 billion This is a commonsense bill, and one Caucus, I support efforts to further each year in lost wages. That is $8,053 that is long overdue. strengthen and deepen the bonds be- for every woman who works full time. In closing, President John F. Ken- tween the people of the United States This gap has a significant effect on nedy signed the Equal Pay Act in 1963. and Taiwan, and I am not alone in the economic security of working fami- At the time, women made 59 cents for these efforts. During the past 8 years, lies—40 percent of women are the pri- every dollar earned by men. In 53 40 State legislative chambers have mary or sole breadwinners in their years, we have only closed the gap by passed resolutions in support of U.S.- families. That means 40 percent of fam- 16 cents. At this rate, it won’t be elimi- Taiwan trade and a close cultural rela- ilies depend on women’s wages to pay nated until 2059. tionship. As Taiwan President Ma the bills. Every dollar women lose to Women and their families deserve Ying-jeou recently pointed out, U.S.- the wage gap makes a difference. better, and they can’t afford to wait Taiwan relations have never been bet- Here are just a few examples of what that long. ter, and I look forward to working with the wage gap costs families: $8,000 is I strongly urge the Senate to pass President-elect Tsai Ing-wen to ensure about 1 year’s worth of groceries for a the Paycheck Fairness Act. this continues to be the case.

VerDate Sep 11 2014 04:19 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.044 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1911 In celebrating the 37 years since the titled ‘‘1,2-Propanediol, 3-[3-[1,3,3,3- Staff, Food and Drug Administration, De- Taiwan Relations Act was signed into tetramethyl-1-[(trimethylsilyl)oxy]-1- partment of Health and Human Services, law, I want to thank the Taiwanese disiloxanyl] propoxy]-; Exemption from the transmitting, pursuant to law, the report of people for their continued friendship Requirement of a Tolerance’’ (FRL No. 9944– a rule entitled ‘‘Sanitary Transportation of 11) received during adjournment of the Sen- Human and Animal Food’’ ((RIN0910–AG98) and support. It is my hope that the ate in the Office of the President of the Sen- (Docket No. FDA–2013–N–0013)) received in United States and Taiwan will con- ate on April 8, 2016; to the Committee on Ag- the Office of the President of the Senate on tinue to work together to promote en- riculture, Nutrition, and Forestry. April 11, 2016; to the Committee on Health, during peace, stability, and prosperity EC–5080. A communication from the Assist- Education, Labor, and Pensions. in the Asia-Pacific region. ant Secretary of Defense (Legislative Af- EC–5090. A communication from the Direc- fairs), transmitting legislative proposals rel- tor of Regulations and Policy Management f ative to the ‘‘National Defense Authoriza- Staff, Food and Drug Administration, De- ADDITIONAL STATEMENTS tion Act for Fiscal Year 2017’’; to the Com- partment of Health and Human Services, mittee on Armed Services. transmitting, pursuant to law, the report of EC–5081. A communication from the Sec- a rule entitled ‘‘Administrative Actions for retary of Defense, transmitting a report on CONGRATULATING AIRBUS Noncompliance; Lesser Administrative Ac- the approved retirement of Lieutenant Gen- tions’’ (Docket No. FDA–2015–N–5052) re- EMPLOYEES IN MOBILE, ALABAMA eral Thomas P. Bostick, United States ceived in the Office of the President of the ∑ Mr. SESSIONS. Mr. President, today Army, and his advancement to the grade of Senate on April 11, 2016; to the Committee on lieutenant general on the retired list; to the Health, Education, Labor, and Pensions. I wish to congratulate the Airbus Committee on Armed Services. workers at their new facility in Mobile, EC–5091. A communication from the Chair- EC–5082. A communication from the Under man of the Federal Communications Com- AL, for completing their first jet, the Secretary of Defense (Comptroller), trans- mission, transmitting, pursuant to law, the first Airbus A321 in the United States. mitting, pursuant to law, a report relative to Commission’s fiscal year 2015 annual report Airbus and its Alabama employees a violation of the Antideficiency Act that in- relative to the Notification and Federal Em- have worked tirelessly for several volved fiscal years 2012 and 2013 Operations ployee Antidiscrimination and Retaliation years toward this achievement. The and Maintenance, Department of Defense Of- Act of 2002 (No FEAR Act); to the Committee fice of Inspector General funds, and was as- on Homeland Security and Governmental Af- Airbus A321 is an advanced airplane signed case number 15–01; to the Committee and constructing it is no easy task. fairs. on Appropriations. EC–5092. A communication from the Ad- EC–5083. A communication from the Under There is no doubt that building the ministrator, General Services Administra- Secretary of Defense (Personnel and Readi- A321 required immense dedication from tion, transmitting, pursuant to law, the Ad- ness), Department of Defense, transmitting, the workers in the plant to the sup- ministration’s fiscal year 2015 report relative pursuant to law, a report entitled ‘‘2016 Re- pliers across Alabama and the entire to the Notification and Federal Employee port to Congress on Sustainable Ranges’’; to Antidiscrimination and Retaliation Act of southeast. the Committee on Armed Services. I am pleased that Airbus continues to EC–5084. A communication from the Direc- 2002 (No FEAR Act); to the Committee on be a leading participant in the manu- tor of the Regulatory Management Division, Homeland Security and Governmental Af- facturing resurgence in Alabama. The Environmental Protection Agency, transmit- fairs. EC–5093. A communication from the Direc- company joins hundreds of others that ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- tor, Office of the Secretary, Department of have recently located their operations Health and Human Services, transmitting, in our State, which is a testament to mentation Plans; Spokane, Washington: Sec- ond 10-Year PM10 Limited Maintenance pursuant to law, the Department’s fiscal the quality of Alabama products. It is Plan’’ (FRL No. 9944–83–Region 10) received year 2015 annual report relative to the Noti- great news indeed for America that one during adjournment of the Senate in the Of- fication and Federal Employee Antidiscrimi- of the finest aircraft manufacturing fice of the President of the Senate on April nation and Retaliation Act of 2002 (No FEAR companies is producing popular, fast- 8, 2016; to the Committee on Environment Act); to the Committee on Homeland Secu- and Public Works. rity and Governmental Affairs. selling models in the United States, EC–5094. A communication from the Direc- and specifically in Mobile, AL. EC–5085. A communication from the Direc- tor of the Regulatory Management Division, tor of the Federal Housing Finance Agency, While this accomplishment is only Environmental Protection Agency, transmit- transmitting, pursuant to law, the Agency’s the beginning, let us join together and ting, pursuant to law, the report of a rule en- fiscal year 2015 annual report relative to the enjoy the celebration of this important titled ‘‘Approval and Promulgation of Air Notification and Federal Employee Anti- milestone for Airbus, Alabama, and the Quality Implementation Plans; Colorado; discrimination and Retaliation Act of 2002 people of our community.∑ Revisions to Common Provisions and Regu- (No FEAR Act); to the Committee on Home- lation Number 3; Corrections’’ (FRL No. land Security and Governmental Affairs. f 9942–84–Region 8) received during adjourn- EC–5095. A communication from the Chair- EXECUTIVE AND OTHER ment of the Senate in the Office of the Presi- man, Occupational Safety and Health Review Commission, transmitting, pursuant to law, COMMUNICATIONS dent of the Senate on April 8, 2016; to the Committee on Environment and Public the Commission’s fiscal year 2015 annual re- The following communications were Works. port relative to the Notification and Federal laid before the Senate, together with EC–5086. A communication from the Assist- Employee Antidiscrimination and Retalia- accompanying papers, reports, and doc- ant Secretary for Legislation, Department of tion Act of 2002 (No FEAR Act); to the Com- uments, and were referred as indicated: Health and Human Services, transmitting, mittee on Homeland Security and Govern- pursuant to law, a report entitled ‘‘Fiscal mental Affairs. EC–5077. A communication from the Direc- Year 2015 Performance Report to the Presi- EC–5096. A communication from the Chair- tor of the Regulatory Management Division, dent and Congress for the Biosimilar User man of the Federal Energy Regulatory Com- Environmental Protection Agency, transmit- Fee Act’’; to the Committee on Health, Edu- mission, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- cation, Labor, and Pensions. Commission’s fiscal year 2015 annual report titled ‘‘Trichloroethylene; Significant New EC–5087. A communication from the Assist- relative to the Notification and Federal Em- Use Rule’’ ((RIN2070–AK05) (FRL No. 9943–83)) ant Secretary for Legislation, Department of ployee Antidiscrimination and Retaliation received during adjournment of the Senate Health and Human Services, transmitting, Act of 2002 (No FEAR Act); to the Committee in the Office of the President of the Senate pursuant to law, a financial report for fiscal on Homeland Security and Governmental Af- on April 8, 2016; to the Committee on Agri- year 2015 relative to the Biosimilar User Fee fairs. culture, Nutrition, and Forestry. Act of 2012; to the Committee on Health, EC–5097. A communication from the Ad- EC–5078. A communication from the Direc- Education, Labor, and Pensions. ministrator of the U.S. Small Business Ad- tor of the Regulatory Management Division, EC–5088. A communication from the Assist- ministration, transmitting, pursuant to law, Environmental Protection Agency, transmit- ant Secretary, Employee Benefits Security the Administration’s fiscal year 2015 annual ting, pursuant to law, the report of a rule en- Administration, Department of Labor, trans- report relative to the Notification and Fed- titled ‘‘Fluazinam; Pesticide Tolerances’’ mitting, pursuant to law, the report of a rule eral Employee Antidiscrimination and Re- (FRL No. 9942–99) received during adjourn- entitled ‘‘Definition of the Term ‘Fiduciary’; taliation Act of 2002 (No FEAR Act); to the ment of the Senate in the Office of the Presi- Conflict of Interest Rule—Retirement In- Committee on Homeland Security and Gov- dent of the Senate on April 8, 2016; to the vestment Advice’’ (RIN1210–AB32) received ernmental Affairs. Committee on Agriculture, Nutrition, and during adjournment of the Senate in the Of- EC–5098. A communication from the Chair- Forestry. fice of the President of the Senate on April man, Merit Systems Protection Board, EC–5079. A communication from the Direc- 8, 2016; to the Committee on Health, Edu- transmitting, pursuant to law, the Board’s tor of the Regulatory Management Division, cation, Labor, and Pensions. fiscal year 2013 annual report relative to the Environmental Protection Agency, transmit- EC–5089. A communication from the Direc- Notification and Federal Employee Anti- ting, pursuant to law, the report of a rule en- tor of Regulations and Policy Management discrimination and Retaliation Act of 2002

VerDate Sep 11 2014 02:11 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.045 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1912 CONGRESSIONAL RECORD — SENATE April 12, 2016 (No FEAR Act); to the Committee on Home- tire national talent pool, and for other pur- KING) was added as a cosponsor of S. land Security and Governmental Affairs. poses; to the Committee on Health, Edu- 1808, a bill to require the Secretary of EC–5099. A communication from the Chair- cation, Labor, and Pensions. Homeland Security to conduct a North- man, Dwight D. Eisenhower Memorial Com- By Mr. TESTER (for himself and Mr. ern Border threat analysis, and for mission, transmitting, pursuant to law, a re- FRANKEN): port relative to the memorial construction; S. 2785. A bill to protect Native children other purposes. to the Committee on Rules and Administra- and promote public safety in Indian country; S. 2042 tion. to the Committee on Indian Affairs. At the request of Mrs. MURRAY, the EC–5100. A communication from the Dep- f name of the Senator from New Mexico uty Chief, Consumer and Governmental Af- (Mr. UDALL) was added as a cosponsor SUBMISSION OF CONCURRENT AND fairs Bureau, Federal Communications Com- of S. 2042, a bill to amend the National mission, transmitting, pursuant to law, the SENATE RESOLUTIONS report of a rule entitled ‘‘Revision of Part 15 Labor Relations Act to strengthen pro- of the Commission’s Rules to Permit Unli- The following concurrent resolutions tections for employees wishing to advo- censed National Information Infrastructure and Senate resolutions were read, and cate for improved wages, hours, or (U–NII) Devices in the 5 GHz Band’’ ((FCC 16– referred (or acted upon), as indicated: other terms or conditions of employ- 24) (ET Docket No. 13–49)) received during ad- By Ms. COLLINS (for herself and Mrs. ment and to provide for stronger rem- journment of the Senate in the Office of the FEINSTEIN): edies for interference with these rights, President of the Senate on April 8, 2016; to S. Res. 418. A resolution recognizing Hafsat and for other purposes. the Committee on Commerce, Science, and Abiola, Khanim Latif, Yoani Sanchez, and Transportation. Akanksha Hazari for their selflessness and S. 2226 At the request of Ms. AYOTTE, the f dedication to their respective causes, and for other purposes; to the Committee on Foreign name of the Senator from Indiana (Mr. INTRODUCTION OF BILLS AND Relations. DONNELLY) was added as a cosponsor of JOINT RESOLUTIONS f S. 2226, a bill to amend the Public Health Service Act to reauthorize the The following bills and joint resolu- ADDITIONAL COSPONSORS tions were introduced, read the first residential treatment programs for and second times by unanimous con- S. 804 pregnant and postpartum women and sent, and referred as indicated: At the request of Mrs. SHAHEEN, the to establish a pilot program to provide By Mr. HEINRICH (for himself and Mr. name of the Senator from New York grants to State substance abuse agen- INHOFE): (Mr. SCHUMER) was added as a cospon- cies to promote innovative service de- S. 2778. A bill to amend title 10, United sor of S. 804, a bill to amend title XVIII livery models for such women. States Code, to provide for the rapid acquisi- of the Social Security Act to specify S. 2311 tion of directed energy weapons systems by coverage of continuous glucose moni- At the request of Mr. HELLER, the the Department of Defense, and for other toring devices, and for other purposes. name of the Senator from Indiana (Mr. purposes; to the Committee on Armed Serv- S. 857 ices. DONNELLY) was added as a cosponsor of By Mr. COONS (for himself, Ms. At the request of Ms. STABENOW, the S. 2311, a bill to amend the Public AYOTTE, and Mr. PETERS): names of the Senator from Nevada (Mr. Health Service Act to authorize the S. 2779. A bill to reauthorize the Hollings REID) and the Senator from Alaska Secretary of Health and Human Serv- Manufacturing Extension Partnership, and (Ms. MURKOWSKI) were added as cospon- ices, acting through the Administrator for other purposes; to the Committee on sors of S. 857, a bill to amend title of the Health Resources and Services Commerce, Science, and Transportation. XVIII of the Social Security Act to Administration, to make grants to By Mr. MORAN (for himself, Mr. provide for coverage under the Medi- States for screening and treatment for DAINES, Mr. TILLIS, Mr. BLUNT, Mr. RUBIO, and Mr. INHOFE): care program of an initial comprehen- maternal depression. S. 2780. A bill to amend section 1034 of the sive care plan for Medicare bene- S. 2437 National Defense Authorization Act for Fis- ficiaries newly diagnosed with Alz- At the request of Ms. MIKULSKI, the cal Year 2016 to strengthen the certification heimer’s disease and related demen- name of the Senator from Kansas (Mr. requirements relating to the transfer or re- tias, and for other purposes. MORAN) was added as a cosponsor of S. lease of detainees at United States Naval S. 1421 2437, a bill to amend title 38, United Station, Guantanamo Bay, Cuba; to the Committee on Armed Services. At the request of Mr. HATCH, the States Code, to provide for the burial By Mr. PERDUE (for himself, Mr. ISAK- name of the Senator from New Jersey of the cremated remains of persons who SON, Mr. UDALL, and Mr. HEINRICH): (Mr. MENENDEZ) was added as a cospon- served as Women’s Air Forces Service S. 2781. A bill to improve homeland secu- sor of S. 1421, a bill to amend the Fed- Pilots in Arlington National Cemetery, rity, including domestic preparedness and re- eral Food, Drug, and Cosmetic Act to and for other purposes. sponse to terrorism, by reforming Federal authorize a 6-month extension of cer- S. 2471 Law Enforcement Training Centers to pro- tain exclusivity periods in the case of At the request of Mr. KIRK, the name vide training to first responders, and for approved drugs that are subsequently other purposes; to the Committee on the Ju- of the Senator from Iowa (Mr. GRASS- diciary. approved for a new indication to pre- LEY) was added as a cosponsor of S. By Mr. BLUNT (for himself and Mr. vent, diagnose, or treat a rare disease 2471, a bill to amend the Internal Rev- REED): or condition, and for other purposes. enue Code of 1986 to improve and ex- S. 2782. A bill to amend the Public Health S. 1455 pand Coverdell education savings ac- Service Act to provide for the participation At the request of Mr. MARKEY, the counts. of pediatric subspecialists in the National name of the Senator from New York Health Service Corps program, and for other S. 2505 purposes; to the Committee on Health, Edu- (Mrs. GILLIBRAND) was added as a co- At the request of Mr. KIRK, the name cation, Labor, and Pensions. sponsor of S. 1455, a bill to provide ac- of the Senator from Georgia (Mr. By Mrs. SHAHEEN: cess to medication-assisted therapy, PERDUE) was added as a cosponsor of S. S. 2783. A bill to provide rental assistance and for other purposes. 2505, a bill to amend the Internal Rev- to low-income tenants of certain multi- S. 1715 enue Code of 1986 to ensure that retire- family rural housing projects, and for other At the request of Mr. HOEVEN, the ment investors receive advice in their purposes; to the Committee on Banking, Housing, and Urban Affairs. name of the Senator from Rhode Island best interests, and for other purposes. By Ms. HIRONO (for herself, Mr. (Mr. WHITEHOUSE) was added as a co- S. 2506 PETERS, Mrs. MURRAY, Mrs. GILLI- sponsor of S. 1715, a bill to require the At the request of Mr. LEAHY, the BRAND, Mr. BLUMENTHAL, Mr. MAR- Secretary of the Treasury to mint names of the Senator from Maryland KEY, Ms. CANTWELL, Mr. BOOKER, Mr. coins in commemoration of the 400th (Ms. MIKULSKI), the Senator from SCHATZ, Mr. MERKLEY, and Ms. MI- anniversary of the arrival of the Pil- Washington (Mrs. MURRAY), the Sen- KULSKI): grims. S. 2784. A bill to ensure that Federal ator from Wisconsin (Ms. BALDWIN), the science agencies and institutions of higher S. 1808 Senator from New York (Mrs. GILLI- education receiving Federal research and de- At the request of Ms. HEITKAMP, the BRAND), the Senator from North Da- velopment funding are fully engaging the en- name of the Senator from Maine (Mr. kota (Ms. HEITKAMP), the Senator from

VerDate Sep 11 2014 02:11 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.003 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1913 California (Mrs. BOXER), the Senator ginia (Mrs. CAPITO) and the Senator provide needed health care services. Li- from New Hampshire (Mrs. SHAHEEN), from Massachusetts (Mr. MARKEY) were censed health care providers may earn the Senator from Washington (Ms. added as cosponsors of S. 2758, a bill to up to $50,000 toward student loans in CANTWELL), the Senator from Hawaii amend title XVIII of the Social Secu- exchange for a 2-year commitment at (Ms. HIRONO) and the Senator from rity Act to remove consideration of an NHSC-approved site, within 2 years Ohio (Mr. BROWN) were added as co- certain pain-related issues from cal- of completing their residency. Accept- sponsors of S. 2506, a bill to restore culations under the Medicare hospital ed participants may serve as primary statutory rights to the people of the value-based purchasing program, and care medical, dental, or mental-behav- United States from forced arbitration. for other purposes. ioral health clinicians. S. 2597 AMENDMENT NO. 3557 NHSCLRP provides critical relief to At the request of Mr. BROWN, the At the request of Mr. FLAKE, the physicians who have completed pediat- name of the Senator from New York names of the Senator from Maryland rics or psychiatry residency training (Mr. SCHUMER) was added as a cospon- (Mr. CARDIN) and the Senator from Or- programs; however, pediatric sub- sor of S. 2597, a bill to amend title egon (Mr. MERKLEY) were added as co- specialists, such as child and adoles- XVIII of the Social Security Act to sponsors of amendment No. 3557 in- cent psychiatrists are effectively provide for treatment of clinical psy- tended to be proposed to H.R. 636, a bill barred from participating due to the chologists as physicians for purposes of to amend the Internal Revenue Code of extra training these physicians are re- furnishing clinical psychologist serv- 1986 to permanently extend increased quired to take after completing their ices under the Medicare program. expensing limitations, and for other residency. This extra training, which S. 2613 purposes. often results in increased student debt, typically consisting of a fellowship, At the request of Mr. GRASSLEY, the AMENDMENT NO. 3566 takes place in the 2-year window of eli- name of the Senator from Delaware At the request of Mr. CORNYN, the gibility for NHSCLRP. The creation of (Mr. COONS) was added as a cosponsor names of the Senator from North Caro- NHSCLRP preceded the expansion of of S. 2613, a bill to reauthorize certain lina (Mr. BURR) and the Senator from many pediatric subspecialties, not tak- programs established by the Adam North Carolina (Mr. TILLIS) were added ing into account the extra years of Walsh Child Protection and Safety Act as cosponsors of amendment No. 3566 training required for these physicians. of 2006. intended to be proposed to H.R. 636, a The Ensuring Children’s Access to S. 2646 bill to amend the Internal Revenue Specialty Care Act would correct this Code of 1986 to permanently extend in- At the request of Mr. BURR, the name loophole and allow pediatric sub- creased expensing limitations, and for of the Senator from Colorado (Mr. specialists practicing in underserved other purposes. GARDNER) was added as a cosponsor of areas to benefit from the National S. 2646, a bill to amend title 38, United AMENDMENT NO. 3591 Health Service Corps Loan Repayment States Code, to establish the Veterans At the request of Mr. SESSIONS, the Program. This bill would increase ac- Choice Program of the Department of name of the Senator from Utah (Mr. cess to specialty care for children and Veterans Affairs to improve health LEE) was added as a cosponsor of improve mental health parity for chil- care provided to veterans by the De- amendment No. 3591 intended to be pro- dren served by NHSCLRP. Every child partment, and for other purposes. posed to H.R. 636, a bill to amend the with a physical, mental, or behavioral S. 2659 Internal Revenue Code of 1986 to per- health condition should have access to At the request of Mr. BURR, the name manently extend increased expensing pediatric health services. of the Senator from West Virginia (Mr. limitations, and for other purposes. Providers across the spectrum of care MANCHIN) was added as a cosponsor of f support this bipartisan legislation in- S. 2659, a bill to reaffirm that the Envi- STATEMENTS ON INTRODUCED cluding the American Association of ronmental Protection Agency cannot BILLS AND JOINT RESOLUTIONS Child and Adolescent Psychiatry, the regulate vehicles used solely for com- American Academy of Pediatrics, the petition, and for other purposes. By Mr. BLUNT (for himself and Arthritis Foundation, Children’s Hos- S. 2668 Mr. REED): pital Association, March of Dimes, and S. 2782. A bill to amend the Public At the request of Ms. COLLINS, the the National Alliance on Mental Ill- name of the Senator from Alabama Health Service Act to provide for the ness. I look forward to working with participation of pediatric subspecial- (Mr. SESSIONS) was added as a cospon- these and other stakeholders as well as sor of S. 2668, a bill to provide housing ists in the National Health Service Senator BLUNT and our colleagues to opportunities for individuals living Corps program, and for other purposes; pass the Ensuring Children’s Access to with HIV or AIDS. to the Committee on Health, Edu- Specialty Care Act in order to help en- cation, Labor, and Pensions. S. 2741 sure children have access to the health Mr. REED. Mr. President, I am At the request of Mr. BROWN, the care they need. pleased to be joining Senator BLUNT in name of the Senator from Ohio (Mr. introducing the Ensuring Children’s By Ms. HIRONO (for herself, Mr. PORTMAN) was added as a cosponsor of Access to Specialty Care Act. PETERS, Mrs. MURRAY, Mrs. S. 2741, a bill to amend the Employee According to the American Associa- GILLIBRAND, Mr. BLUMENTHAL, Retirement Income Security Act of tion of Child and Adolescent Psychi- Mr. MARKEY, Ms. CANTWELL, 1974 to permit the Pension Benefit atry, there are currently only 8,300 Mr. BOOKER, Mr. SCHATZ, Mr. Guaranty Corporation and the Sec- child and adolescent psychiatrists, MERKLEY, and Ms. MIKULSKI): retary of Labor to elect not to recoup CAPs, in the United States—many of S. 2784. A bill to ensure that Federal benefits overpayments. whom are not practicing full time—far science agencies and institutions of S. 2752 short of the estimated need of over higher education receiving Federal re- At the request of Mr. RUBIO, the 30,000 CAPs. On average, patients wait search and development funding are name of the Senator from West Vir- almost 2 months to see a CAP, a star- fully engaging the entire national tal- ginia (Mrs. CAPITO) was added as a co- tling concern given that the incidence ent pool, and for other purposes; to the sponsor of S. 2752, a bill to prohibit the rates of mental illness and behavioral Committee on Health, Education, facilitation of certain financial trans- disorders among children in the United Labor, and Pensions. actions involving the Government of States continue to grow. Fifty percent Ms. HIRONO. Mr. President, today Iran or Iranian persons and to impose of all lifetime cases of mental illness April 12, is Equal Pay Day. Equal Pay sanctions with respect to the facilita- begin at age 14; 75 percent by age 24. Day means women have to work more tion of those transactions, and for The National Health Service Corps than 4 months longer to catch up to other purposes. Loan Repayment Program, NHSCLRP, what, on average, men made in 2015. S. 2758 was created by Congress 40 years ago to This significant pay disparity has been At the request of Mr. JOHNSON, the help recruit and place trained individ- going on for decades—generations— names of the Senator from West Vir- uals in underserved communities to even though it is against the law and

VerDate Sep 11 2014 02:11 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.006 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1914 CONGRESSIONAL RECORD — SENATE April 12, 2016 has been against the law since the pas- institutional barriers, cultural stereo- riers that can affect the inclusion of sage of the Equal Pay Act in 1963. types, and sexual harassment. These women and other underrepresented The gender pay gap persists across barriers permeate every level of the groups in STEM. The STEM Opportuni- all States and nearly all occupations. STEM career pipeline. They start as ties Act also allows universities and As we seek to build a 21st-century early as middle school and continue nonprofits to receive competitive workforce, more than 73 million work- throughout one’s career and lead to grants and recognition for mentoring ing women are at a disadvantage be- women and minorities disproportion- women and minorities in STEM fields. cause of pay inequity and other bar- ately giving up interest in STEM ca- Mentoring programs such as the Maui riers based on gender. While we have reers. Economic Development Board’s Women come a ways from the days of overt pay At the University of Hawaii at in Technology Program and the Native discrimination—such as in the 1930s, Manoa, men earned more than five Hawaiian Science and Engineering when the Federal Government, no less, times the number of computer science Mentorship Program at the University required women to be paid 25 percent bachelor’s degrees as women, and in of Hawaii have seen tremendous suc- less than their male counterparts—the the College of Engineering, men earned cess. pay gap persists. three times as many bachelor’s de- The Women in Technology Program It is bad enough that women with grees. These kinds of numbers in STEM supports those like Deanna Garcia, equal education and experience get education are not unique to Hawaii. who was first introduced to STEM paid less, but it gets worse. A recent Even when women overcome the odds through Women in Technology and is New York University study found that and pursue careers in STEM fields, now a mentor to girls who want to fol- when women begin to enter predomi- they continue to face gender biases low in her footsteps. nately male occupations, pay in those that can affect the hiring, promotion, Deanna said: fields decrease overall. For example, and career advancement for women in Women in Technology gave me the skills, when women began to pursue careers in STEM. For instance, researchers found confidence, and support I needed. Because of design, wages dropped more than 30 that women in STEM encountered bias their networking and strong ties within the percent. When they entered careers in judgments of their competence and the community, I was not only able to find an internship, but a career in IT. Because of the biology, wages dropped 18 percent. The ability to be hired. They also received study also showed the converse. When Women in Technology program, I can also less faculty encouragement and finan- pay it forward to current students and show men entered fields previously domi- cial rewards than identical male coun- them during career days or tours I am a nated by women, such as computer pro- terparts when negotiating salary pack- product of the program and hope to inspire gramming, wages increased. ages. them to pursue a path in STEM just like I The bottom line is that these studies Studies show that when women in did. show that women’s work is less valued STEM decide to become mothers, they Deanna’s story is just one of many than men’s work. This discrimination are perceived as less competent and successes that programs like Women in won’t change because we don’t like it less committed to hard work and are Technology have. or because we hope it will. It will only offered fewer jobs and lower salaries. In Mr. President, I ask unanimous con- begin to change if we take action. That comparison, men are not penalized for sent to have the testimonials on the is why I joined Senator MIKULSKI in being fathers. If that wasn’t enough, success of existing STEM programs continuing our call to pass the Pay- women in STEM often experience printed in the RECORD. check Fairness Act. This legislation workplace harassment. There being no objection, the mate- would allow women to compare their Recently, in the New York Times, rial was ordered to be printed in the salaries without fearing retaliation. University of Hawaii geobiology pro- RECORD, as follows: How can a woman find out if there is fessor Hope Jahren shared an email SENATOR MAZIE K. HIRONO—APRIL 12, 2016 pay discrimination going on in her that was sent to a former student from EXTENSION OF REMARKS: TESTIMONIALS FROM workplace if she can’t even find out a male colleague who works in the HAWAII STEM MENTORING PROGRAMS what others are being paid? The bill same lab as the student. This email MAUI ECONOMIC DEVELOPMENT BOARD WOMEN IN would also require employers to prove read in part this: TECHNOLOGY PROGRAM that differences in pay for men and All I know is that from the first day I Deanna Garcia, TMDS-MSAT Analysis Team women doing the same work are not re- talked to you, there hadn’t been a single day Manager, Akimeka LLC, A Subsidiary of lated to gender. or hour when you weren’t on my mind. VSE Corporation While the gender pay gap affects all That’s just the way things are and you’re ‘‘Technology and Engineering are known women, this morning I want to focus gonna have to deal with me until one of us to be male dominated fields, however, the on inequity in the fields of science, leaves. Women in Technology program empowered technology, engineering, and math— In the age of social media, these me to succeed in an IT Career. I got my start also known as STEM. Nationally, we kinds of totally inappropriate emails almost fifteen years ago because of the WIT program. They gave me the skills, con- need to promote STEM to remain com- are all too common. According to Pro- fidence, and support I needed and because of petitive in the global economy. STEM fessor Jahren, this former student feels their networking and strong ties within the careers are among the highest paid po- that she cannot rely on human re- community, I was not only able to find an sitions and are some of the most sources because she heard stories from internship, then job, but a career in IT. They sought after by employers. In order to female colleagues about how sexual also lead by example and have strong, driv- keep our country’s historical leader- harassment happens ‘‘all the time’’ in en, impactful women leading the way. Be- ship in STEM over the next decade, their organization and that no action cause of the WIT program, I can also pay it economists say we need to create a is taken. forward to current students and show them These stories are all too common. during career days or tours I’m a product of million more STEM careers than we the program and hope to inspire them to pur- are currently creating. We will lose our Again, merely condemning this kind of sue a path in STEM, just like I did.’’ competitive edge unless the number of environment is not enough. Merely Kawai Hall, Integrity Applications women earning STEM degrees keeps hoping that change will occur is not Incorporated pace with their growing share of the enough. We can and must do more to ‘‘Since there are fewer women with tech- population. But, of course, women in even the playing field for women in nology-related degrees, it is harder for work the STEM fields earn less than men. STEM, and that is why I am intro- industries to recruit women in these fields. I For example, on average, women engi- ducing the STEM Opportunities Act think Women In Technology is an amazing neers earn just 82 percent of what their today, so we can combat the systemic project to help bring awareness of STEM-re- male counterparts earn. Female doc- issues that can lead to women losing lated work opportunities to girls and women, tors’ starting salaries are almost interest in STEM and leaving STEM especially here in Hawaii where it is prime. careers basically in droves. Our company is made of mostly men but I $20,000 less than their male counter- haven’t felt the effect of gender in my work- parts, even after accounting for factors The STEM Opportunities Act helps place. Everyone works greatly as a team and such as specialty and location. Federal science agencies and institu- helps each other advance in learning. But it In addition to facing lower wages, tions of higher education identify and would be great to have more females added women in STEM must often overcome share best practices to overcome bar- to our workplace.’’

VerDate Sep 11 2014 02:11 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.034 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1915 Audrey Cabrera, Brown & Caldwell women who want to pursue STEM ca- The Vital Voices Global Partnership ‘‘After having my second child I’ve had a reers can do so in a supportive environ- identifies, invests in, and brings visi- hard time finding my balance and feeling ment without fear of harassment. bility to extraordinary women around like I am fulfilling my roles as employee, On Equal Pay Day, we are reminded the world by unleashing their leader- mother, and wife. Although we have come so of how far we have to go to achieve ship potential to transform lives and far in terms of women in the professional workforce and specifically STEM careers, equality, and I urge my colleagues to accelerate peace and prosperity. Vital the statistics remain that a large portion of support the Paycheck Fairness Act, Voices equips such leaders with the women migrate out of their STEM career in the STEM Opportunities Act, and other management, business development, their 30’s, when they are growing their fami- legislation that will help close the gen- marketing, and communications skills lies. My company is great, with fair pay and der gap in our workforce. required to expand their enterprises, to good benefits, but I feel that there are some f provide for their families, and create double standards/expectations that probably jobs in their communities. Vital Voices SUBMITTED RESOLUTIONS aren’t specific to my company, but in our so- seeks to empower these women leaders ciety in general.’’ to create a better world for us all. Kimberly Vaituulala, Maui Electric Com- The Vital Voices Global Partnership pany (MECO) mentor for Introduce a Girl SENATE RESOLUTION 418—RECOG- to Engineering Day (IGED) NIZING HAFSAT ABIOLA, KHANIM has trained and mentored over 14,000 women in 144 countries over the last 15 ‘‘Society has taught young girls to care for LATIF, YOANI SA´ NCHEZ, AND their baby dolls or encouraged to play AKANKSHA HAZARI FOR THEIR years, in addition to this year’s award ‘‘house’’ with their Barbie dolls. Meanwhile SELFLESSNESS AND DEDICATION recipients Hafsat Abiola of Nigeria, boys are building structures with Legos and TO THEIR RESPECTIVE CAUSES, founder of the Kudirat Initiative for playing outside, messing around with their AND FOR OTHER PURPOSES Democracy, campaigns to end violence bikes to see what they can do to make it go against women, trains young female faster or make it look and sound cooler as Ms. COLLINS (for herself and Mrs. leaders, and works to increase civic they ride by. This beginning transitions into FEINSTEIN) submitted the following res- participation. Khanim Latif of Iraq, college where the number of boys dominate olution; which was referred to the the Director of Asuda, places her life at science and math courses. For me, the sig- Committee on Foreign Relations: nificance of IGED is to show these young la- risk to provide safe haven to victims of S. RES. 418 dies that engineering/technology IS cool and sexual and gender-based violence, and it’s not just for boys. IGED gives these ladies Whereas women’s leadership in the world is fights threats of honor killings and fe- an opportunity to see real people working in critical to shaping and addressing world male genital cutting. Yoani Sa´ nchez of STEM careers, and broadens the horizon for events and decreasing global instability; Cuba, founder of ‘‘Generacio´ n Y’’, cre- these up and coming females. Igniting a Whereas women leaders play an integral ated a blog that captures daily life in spark of interest in just one of the 15 girls in role in fighting against transnational orga- nized crime, human trafficking, and violence Cuba in an effort to encourage political the group makes this effort completely change and increase public awareness worth it.... against women, including honor killings, and ‘‘Women are physiologically and psycho- female genital mutilation; and engagement; and Akanksha Hazari logically different from men. In order to Whereas changing the trajectory of these of India fights to deliver basic neces- solve the engineering problems of this world, dynamics requires empowering women lead- sities such as clean water and elec- the men cannot do it alone. It is vitally im- ers to advance economic opportunity and in- tricity to impoverished communities portant for women (of all ages) to be exposed crease political and public leadership; and to empower the underserved in to and consider a career in engineering. The Whereas women leaders have selflessly sac- India. different perspective that women can bring rificed, and in some cases placed their lives at risk, to advance causes that will better Such leaders, supported by the Vital to forth might be the key to making cold fu- Voices Global Partnership Fund, and sion a reality one day. their communities, their nations, and the ‘‘In college I was one of three girls in my world; through their selfless efforts and advo- electrical engineering classes. But I know Whereas Hafsat Abiola of Nigeria, founder cacy, continue to advance social jus- more girls are getting involved in STEM re- of the Kudirat Initiative for Democracy, tice, support democracy, and strength- lated fields and careers, and it can be attrib- campaigns to end violence against women, en the rule of law across the globe. uted to programs like IGED. Sometimes girls trains young female leaders, and works to in- With this in mind, I am pleased to need that extra push. Someone to tell them, crease civic participation; offer this resolution with Senator Whereas Khanim Latif of Iraq, the Director ‘‘Go! You can do it too!’’ And as long as we FEINSTEIN. of Asuda, places her life at risk to provide can sustain STEM programs like IGED, this Mrs. FEINSTEIN. Mr. President, I trend for girls will continue on upward.’’ safe haven to victims of sexual and gender- rise in support of a resolution, sub- Native Hawaiian Science & Engineering based violence, and fights threats of honor mitted by Senator COLLINS, to honor Mentorship Program (NHSEMP), Univer- killings and female genital cutting; ´ sity of Hawaii at Manoa Kaiho’olulu Whereas Yoani Sanchez of Cuba, founder of four women recently recognized by the ´ Rickard, mentee ‘‘Generacion Y’’, created a blog that cap- Vital Voices Global Partnership. tures daily life in Cuba as an effort to en- This is a global organization that ‘‘[NHSEMP] helped me focus on my studies courage political change and increase public and set goals. They got me started with a identifies, supports, and highlights awareness and engagement; women around the world who exhibit mentor who’s been helping me out with Whereas Akanksha Hazari of India fights choosing good projects to work on... I was to deliver basic necessities such as clean leadership to transform their commu- introduced to [researcher] Lloyd French, and water and electricity to impoverished com- nities. after that I really began to get involved in munities and to empower the underserved in I am pleased to sponsor this resolu- projects like MMIC, or Monolithic Micro- India; and tion with Senator COLLINS. wave Integrated Circuit, and JPL, which is Whereas each of these leaders serves as a The four women honored by this res- the NASA Jet Propulsion Laboratory.... role model and an inspiration to help change ‘‘I’ve really gotten involved in what I’m olution are leaders who have made a the lives of others: Now, therefore, be it doing here. My freshman year, my grades true difference in their countries in the Resolved, That the Senate— weren’t so good. I had about a 2.0 GPA then. face of adversity. (1) recognizes Hafsat Abiola, Khanim Latif, So, after I joined the program, I was given Hafsat Abiola of Nigeria founded the Yoani Sa´ nchez, and Akanksha Hazari for my own small office, and working with a Kudirat Initiative for Democracy to their selflessness and dedication to their re- mentor, basically helped me pull my GPA up spective causes; and end violence against women in Nigeria to a 3.0 in two semesters.’’ (2) commends their efforts to advance eco- and remove barriers for the civic par- Ms. HIRONO. I thank Congress- nomic opportunity, increase political and ticipation of women. She has been ac- woman EDDIE BERNICE JOHNSON of public leadership, combat violence against tively working on gender equality and Texas. Her legislation laid the ground- women, and empower women to address glob- women’s leadership in Nigeria since she work for the STEM Opportunities Act. al instability. was a teenager, and continues to ad- I also wish to thank Senators PETERS, Ms. COLLINS. Mr. President, I rise vance women’s rights. MURRAY, GILLIBRAND, BLUMENTHAL, to honor and congratulate the Vital Khanim Latif of Iraq is the Director MARKEY, CANTWELL, BOOKER, SCHATZ, Voices Global Partnership and the 2016 of Asuda, which works to combat sex- and MERKLEY for supporting this effort. Vital Voices Award recipients: Hafsat ual and gender-based violence in Iraq. Working together, I know we can do Abiola, Khanim Latif, Yoani Sa´ nchez, She has worked on gender-based vio- better, and I know we will ensure that and Akanksha Hazari. lence issues in Iraq for over 15 years,

VerDate Sep 11 2014 04:19 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.010 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1916 CONGRESSIONAL RECORD — SENATE April 12, 2016 and has helped provide refuge to SA 3647. Mr. HATCH submitted an amend- SA 3662. Mr. DAINES submitted an amend- women subjected to horrific violence in ment intended to be proposed to amendment ment intended to be proposed to amendment her country, including to those who SA 3464 submitted by Mr. THUNE (for himself SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. 636, supra; and Mr. NELSON) to the bill H.R. 636, supra; have been subjected to ISIL’s violent which was ordered to lie on the table. which was ordered to lie on the table. campaign against the region’s Yazidi SA 3648. Mr. CARDIN (for himself and Mr. SA 3663. Ms. MURKOWSKI (for herself and population. PORTMAN) submitted an amendment intended Mr. SULLIVAN) submitted an amendment in- Yoani Sa´ nchez of Cuba founded to be proposed to amendment SA 3464 sub- tended to be proposed to amendment SA 3464 ‘‘Generacion Y,’’ a platform to capture mitted by Mr. THUNE (for himself and Mr. submitted by Mr. THUNE (for himself and Mr. daily life in Cuba as an effort to en- NELSON) to the bill H.R. 636, supra; which NELSON) to the bill H.R. 636, supra; which courage political change. It stemmed was ordered to lie on the table. was ordered to lie on the table. SA 3649. Mr. CARDIN submitted an amend- SA 3664. Ms. MURKOWSKI (for herself and from her personal experiences growing ment intended to be proposed to amendment Mr. SULLIVAN) submitted an amendment in- up in Cuba, and the experiences of her SA 3464 submitted by Mr. THUNE (for himself tended to be proposed to amendment SA 3464 family. and Mr. NELSON) to the bill H.R. 636, supra; submitted by Mr. THUNE (for himself and Mr. Akanksha Hazari of India works to which was ordered to lie on the table. NELSON) to the bill H.R. 636, supra; which empower impoverished, rural commu- SA 3650. Mrs. FEINSTEIN (for herself, Mr. was ordered to lie on the table. nities in India. She has done this by TILLIS, and Mr. BLUMENTHAL) submitted an SA 3665. Mr. VITTER submitted an amend- pioneering a loyalty program—through amendment intended to be proposed to ment intended to be proposed to amendment amendment SA 3464 submitted by Mr. THUNE SA 3464 submitted by Mr. THUNE (for himself mobile phones—to provide social goods (for himself and Mr. NELSON) to the bill H.R. and Mr. NELSON) to the bill H.R. 636, supra; such as clean water to rural customers 636, supra; which was ordered to lie on the which was ordered to lie on the table. in India. table. SA 3666. Mr. VITTER submitted an amend- These women were recognized by SA 3651. Mr. SULLIVAN (for himself, Ms. ment intended to be proposed to amendment Vital Voices because they have made CANTWELL, Ms. MURKOWSKI, and Ms. AYOTTE) SA 3464 submitted by Mr. THUNE (for himself significant strides to better the com- submitted an amendment intended to be pro- and Mr. NELSON) to the bill H.R. 636, supra; posed to amendment SA 3464 submitted by munities in which they live, and they which was ordered to lie on the table. Mr. THUNE (for himself and Mr. NELSON) to SA 3667. Mr. WARNER submitted an continue to do so. the bill H.R. 636, supra; which was ordered to amendment intended to be proposed to The resolution, submitted by Senator lie on the table. amendment SA 3464 submitted by Mr. THUNE COLLINS and myself, further recognizes SA 3652. Ms. HEITKAMP (for herself and (for himself and Mr. NELSON) to the bill H.R. their contributions, and I hope that we Ms. AYOTTE) submitted an amendment in- 636, supra; which was ordered to lie on the can all draw inspiration from their tended to be proposed to amendment SA 3464 table. leadership. submitted by Mr. THUNE (for himself and Mr. SA 3668. Mrs. MURRAY (for herself and Ms. NELSON) to the bill H.R. 636, supra; which CANTWELL) submitted an amendment in- I congratulate these women, and look was ordered to lie on the table. tended to be proposed to amendment SA 3464 forward to hearing about their contin- SA 3653. Mr. CASEY (for himself and Mr. submitted by Mr. THUNE (for himself and Mr. ued success. BROWN) submitted an amendment intended NELSON) to the bill H.R. 636, supra; which f to be proposed to amendment SA 3464 sub- was ordered to lie on the table. mitted by Mr. THUNE (for himself and Mr. SA 3669. Mr. DAINES submitted an amend- AMENDMENTS SUBMITTED AND NELSON) to the bill H.R. 636, supra; which ment intended to be proposed to amendment PROPOSED was ordered to lie on the table. SA 3464 submitted by Mr. THUNE (for himself SA 3654. Mr. CORNYN (for himself, Mr. SA 3640. Mr. PORTMAN (for himself and and Mr. NELSON) to the bill H.R. 636, supra; BLUMENTHAL, Mr. KIRK, and Mr. COONS) sub- Mr. BROWN) submitted an amendment in- which was ordered to lie on the table. mitted an amendment intended to be pro- SA 3670. Mr. CRAPO submitted an amend- tended to be proposed to amendment SA 3464 posed to amendment SA 3464 submitted by ment intended to be proposed to amendment submitted by Mr. THUNE (for himself and Mr. Mr. THUNE (for himself and Mr. NELSON) to SA 3464 submitted by Mr. THUNE (for himself NELSON) to the bill H.R. 636, to amend the In- the bill H.R. 636, supra; which was ordered to and Mr. NELSON) to the bill H.R. 636, supra; ternal Revenue Code of 1986 to permanently lie on the table. which was ordered to lie on the table. extend increased expensing limitations, and SA 3655. Mr. GRASSLEY (for himself, Ms. SA 3671. Mr. BARRASSO submitted an for other purposes; which was ordered to lie CANTWELL, Mr. BLUNT, Ms. HEITKAMP, Mrs. amendment intended to be proposed to on the table. ERNST, Mr. DONNELLY, Mr. FRANKEN, and Mr. amendment SA 3464 submitted by Mr. THUNE SA 3641. Mr. JOHNSON (for himself, Mr. WHITEHOUSE) submitted an amendment in- (for himself and Mr. NELSON) to the bill H.R. LEAHY, Ms. MURKOWSKI, and Mr. SCHUMER) tended to be proposed to amendment SA 3464 636, supra; which was ordered to lie on the submitted an amendment intended to be pro- submitted by Mr. THUNE (for himself and Mr. table. posed to amendment SA 3464 submitted by NELSON) to the bill H.R. 636, supra; which SA 3672. Mrs. GILLIBRAND (for herself and Mr. THUNE (for himself and Mr. NELSON) to was ordered to lie on the table. Mr. SCHUMER) submitted an amendment in- the bill H.R. 636, supra; which was ordered to SA 3656. Mr. HATCH submitted an amend- tended to be proposed to amendment SA 3464 lie on the table. ment intended to be proposed to amendment submitted by Mr. THUNE (for himself and Mr. SA 3642. Mr. RUBIO submitted an amend- SA 3464 submitted by Mr. THUNE (for himself NELSON) to the bill H.R. 636, supra; which ment intended to be proposed to amendment and Mr. NELSON) to the bill H.R. 636, supra; was ordered to lie on the table. SA 3464 submitted by Mr. THUNE (for himself which was ordered to lie on the table. SA 3673. Mr. REED submitted an amend- and Mr. NELSON) to the bill H.R. 636, supra; SA 3657. Mr. WYDEN submitted an amend- ment intended to be proposed to amendment which was ordered to lie on the table. ment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE (for himself SA 3643. Mr. INHOFE (for himself and Mr. SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. 636, supra; BROWN) submitted an amendment intended and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. to be proposed to amendment SA 3464 sub- which was ordered to lie on the table. SA 3674. Mr. REED submitted an amend- mitted by Mr. THUNE (for himself and Mr. SA 3658. Mr. MURPHY submitted an ment intended to be proposed to amendment NELSON) to the bill H.R. 636, supra; which amendment intended to be proposed by him SA 3464 submitted by Mr. THUNE (for himself was ordered to lie on the table. to the bill H.R. 636, supra; which was ordered and Mr. NELSON) to the bill H.R. 636, supra; SA 3644. Mr. INHOFE submitted an amend- to lie on the table. which was ordered to lie on the table. ment intended to be proposed to amendment SA 3659. Mr. WYDEN (for himself and Mr. SA 3675. Ms. HEITKAMP (for herself and SA 3464 submitted by Mr. THUNE (for himself HOEVEN) submitted an amendment intended Mr. INHOFE) submitted an amendment in- and Mr. NELSON) to the bill H.R. 636, supra; to be proposed to amendment SA 3464 sub- tended to be proposed to amendment SA 3464 which was ordered to lie on the table. mitted by Mr. THUNE (for himself and Mr. submitted by Mr. THUNE (for himself and Mr. SA 3645. Ms. HEITKAMP (for herself, Mrs. NELSON) to the bill H.R. 636, supra; which NELSON) to the bill H.R. 636, supra; which CAPITO, Mr. DONNELLY, Mr. TESTER, Mr. was ordered to lie on the table. was ordered to lie on the table. BLUNT, Mr. BARRASSO, Mr. COATS, Mr. SA 3660. Mr. KAINE submitted an amend- SA 3676. Ms. HEITKAMP submitted an DAINES, and Mr. ENZI) submitted an amend- ment intended to be proposed to amendment amendment intended to be proposed to ment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE (for himself amendment SA 3464 submitted by Mr. THUNE SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. 636, supra; (for himself and Mr. NELSON) to the bill H.R. and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. 636, supra; which was ordered to lie on the which was ordered to lie on the table. SA 3661. Mr. JOHNSON (for himself, Mr. table. SA 3646. Mr. HATCH (for himself and Mr. LEAHY, Ms. MURKOWSKI, and Mr. SCHUMER) SA 3677. Mr. MARKEY submitted an BENNET) submitted an amendment intended submitted an amendment intended to be pro- amendment intended to be proposed to to be proposed to amendment SA 3464 sub- posed to amendment SA 3464 submitted by amendment SA 3464 submitted by Mr. THUNE mitted by Mr. THUNE (for himself and Mr. Mr. THUNE (for himself and Mr. NELSON) to (for himself and Mr. NELSON) to the bill H.R. NELSON) to the bill H.R. 636, supra; which the bill H.R. 636, supra; which was ordered to 636, supra; which was ordered to lie on the was ordered to lie on the table. lie on the table. table.

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SA 3678. Ms. HIRONO (for herself, Mr. (b) CONFORMING AMENDMENT.—Paragraph (2) in the table of sections for chapter 212A, BROWN, Ms. WARREN, and Mrs. SHAHEEN) sub- (3) of section 332(c) of the FAA Moderniza- by inserting after the item relating to sec- mitted an amendment intended to be pro- tion and Reform Act of 2012 (Public Law 112– tion 3272 the following: posed to amendment SA 3464 submitted by 95; 49 U.S.C. 40101 note) is amended by strik- ‘‘3273. Offenses committed by certain United Mr. THUNE (for himself and Mr. NELSON) to ing ‘‘6’’. States personnel stationed in the bill H.R. 636, supra; which was ordered to Canada in furtherance of border lie on the table. SA 3641. Mr. JOHNSON (for himself, security initiatives.’’. SA 3679. Mr. MCCONNELL (for Mr. THUNE Mr. LEAHY, Ms. MURKOWSKI, and Mr. (for himself and Mr. NELSON)) proposed an SCHUMER) submitted an amendment in- SA 3642. Mr. RUBIO submitted an amendment to the bill H.R. 636, supra. tended to be proposed to amendment amendment intended to be proposed to SA 3680. Mr. THUNE proposed an amend- SA 3464 submitted by Mr. THUNE (for amendment SA 3464 submitted by Mr. ment to amendment SA 3679 proposed by Mr. himself and Mr. NELSON) to the bill THUNE (for himself and Mr. NELSON) to MCCONNELL (for Mr. THUNE (for himself and H.R. 636, to amend the Internal Rev- Mr. NELSON)) to the bill H.R. 636, supra. the bill H.R. 636, to amend the Internal SA 3681. Mr. HATCH submitted an amend- enue Code of 1986 to permanently ex- Revenue Code of 1986 to permanently ment intended to be proposed by him to the tend increased expensing limitations, extend increased expensing limita- bill H.R. 636, supra; which was ordered to lie and for other purposes; which was or- tions, and for other purposes; which on the table. dered to lie on the table; as follows: was ordered to lie on the table; as fol- SA 3682. Mr. INHOFE submitted an amend- At the end of title V, add the following: lows: ment intended to be proposed to amendment SEC. 5032. JURISDICTION OVER OFFENSES COM- At the end of title V, add the following: SA 3464 submitted by Mr. THUNE (for himself MITTED BY CERTAIN UNITED SEC. 5032. GOVERNMENT ACCOUNTABILITY OF- and Mr. NELSON) to the bill H.R. 636, supra; STATES PERSONNEL STATIONED IN CANADA. FICE STUDY OF TRANSFERRING which was ordered to lie on the table. FEDERAL AVIATION ADMINISTRA- (a) AMENDMENT.—Chapter 212A of title 18, SA 3683. Mr. BOOKER (for himself and Mr. TION CERTIFICATIONS TO INSTITU- DAINES) submitted an amendment intended United States Code, is amended— TIONS OF HIGHER EDUCATION. to be proposed to amendment SA 3464 sub- (1) in the chapter heading, by striking The Comptroller General of the United mitted by Mr. THUNE (for himself and Mr. ‘‘TRAFFICKING IN PERSONS’’; and States shall— NELSON) to the bill H.R. 636, supra; which (2) by adding after section 3272 the fol- (1) conduct a study on barriers to individ- was ordered to lie on the table. lowing: uals transferring certifications provided by SA 3684. Mr. MCCONNELL (for Mr. CARPER ‘‘§ 3273. Offenses committed by certain United the Federal Aviation Administration into (for himself and Mr. TILLIS)) proposed an States personnel stationed in Canada in postsecondary programs at institutions of amendment to the bill S. 2133, to improve furtherance of border security initiatives higher education for academic credit; and Federal agency financial and administrative ‘‘(a) IN GENERAL.—Whoever, while em- (2) not later than 180 days after the date of controls and procedures to assess and miti- ployed by the Department of Homeland Se- the enactment of this Act, submit to Con- gate fraud risks, and to improve Federal curity or the Department of Justice and sta- gress a report on the results of the study. agencies’ development and use of data ana- tioned or deployed in Canada pursuant to a lytics for the purpose of identifying, pre- treaty, executive agreement, or bilateral SA 3643. Mr. INHOFE (for himself venting, and responding to fraud, including memorandum in furtherance of a border se- and Mr. BROWN) submitted an amend- improper payments. curity initiative, engages in conduct (or con- ment intended to be proposed to spires or attempts to engage in conduct) in f amendment SA 3464 submitted by Mr. Canada that would constitute an offense for THUNE (for himself and Mr. NELSON) to TEXT OF AMENDMENTS which a person may be prosecuted in a court of the United States had the conduct been the bill H.R. 636, to amend the Internal SA 3640. Mr. PORTMAN (for himself engaged in within the United States or with- Revenue Code of 1986 to permanently and Mr. BROWN) submitted an amend- in the special maritime and territorial juris- extend increased expensing limita- ment intended to be proposed to diction of the United States shall be fined or tions, and for other purposes; which amendment SA 3464 submitted by Mr. imprisoned, or both, as provided for that of- was ordered to lie on the table; as fol- THUNE (for himself and Mr. NELSON) to fense. lows: ‘‘(b) DEFINITIONS.—In this section: the bill H.R. 636, to amend the Internal At the end of subtitle C of title II, add the ‘‘(1) EMPLOYED BY THE DEPARTMENT OF Revenue Code of 1986 to permanently following: HOMELAND SECURITY OR THE DEPARTMENT OF SEC. 2320. AVIATION RULEMAKING COMMITTEE extend increased expensing limita- JUSTICE.—The term ‘employed by the Depart- tions, and for other purposes; which FOR PILOT REST AND DUTY REGU- ment of Homeland Security or the Depart- LATIONS. was ordered to lie on the table; as fol- ment of Justice’ means— (a) IN GENERAL.—Not later than 180 days lows: ‘‘(A) being employed as a civilian em- after the date of the enactment of this Act, After section 2125, insert the following: ployee, a contractor (including a subcon- the Administrator of the Federal Aviation tractor at any tier), an employee of a con- SEC. 2126. PILOT PROGRAM TO INTEGRATE UN- Administration shall convene an aviation MANNED AIRCRAFT SYSTEMS INTO tractor (or a subcontractor at any tier), a rulemaking committee to review pilot rest THE NATIONAL AIRSPACE. grantee (including a contractor of a grantee and duty regulations under part 135 of title (a) ADDITIONAL TEST RANGES.—Paragraph or a subgrantee or subcontractor at any 14, Code of Federal Regulations. (1) of section 332(c) of the FAA Moderniza- tier), or an employee of a grantee (or a con- (b) COMPOSITION.—The aviation rulemaking tion and Reform Act of 2012 (Public Law 112– tractor of a grantee or a subgrantee or sub- committee convened under subsection (a) 95; 49 U.S.C. 40101 note) is amended— contractor at any tier) of the Department of shall consist of members appointed by the (1) by striking ‘‘Not later than’’ and insert- Homeland Security or the Department of Administrator, including— ing the following; Justice; (1) applicable representatives of industry; ‘‘(A) INITIAL TEST RANGES.—Not later ‘‘(B) being present or residing in Canada in (2) a pilot labor organization exclusively than’’; and connection with such employment; and representing a minimum of 1,000 pilots who (2) by adding at the end the following: ‘‘(C) not being a national of or ordinarily are covered by— ‘‘(B) ADDITIONAL TEST RANGES.— resident in Canada. (A) part 135 of title 14, Code of Federal Reg- ‘‘(i) REQUIREMENT.—Not later than 180 days ‘‘(2) GRANT AGREEMENT.—The term ‘grant ulations; and after the date of the enactment of the Fed- agreement’ means a legal instrument de- (B) subpart K of part 91 of such title; and eral Aviation Administration Reauthoriza- scribed in section 6304 or 6305 of title 31, (3) aviation safety experts with specific tion Act of 2016, the Administrator shall es- other than an agreement between the United knowledge of flight crewmember education tablish 4 additional test ranges under the States and a State, local, or foreign govern- and training requirements relating to part program established under subparagraph (A). ment or an international organization. 135 of such title. ‘‘(ii) APPLICATION.—The Administrator ‘‘(3) GRANTEE.—The term ‘grantee’ means a (c) MATTERS TO BE ADDRESS.—In reviewing shall— party, other than the United States, to a the pilot rest and duty regulations under ‘‘(I) permit a State that submitted an ap- grant agreement.’’. part 135 of title 14, Code of Federal Regula- plication to be a test range prior to such (b) TECHNICAL AND CONFORMING AMEND- tions, the aviation rulemaking committee date of enactment to use that prior submis- MENTS.—Part II of title 18, United States shall consider the following: sion, or a modified version of that submis- Code, is amended— (1) Recommendations of aviation rule- sion, as an application to be a test range (1) in the table of chapters, by striking the making committees convened before the under clause (i); and item relating to chapter 212A and inserting date of the enactment of this Act. ‘‘(II) permit States that did not submit an the following: (2) Accommodations necessary for small application to be a test range prior to such ‘‘212A. Extraterritorial jurisdiction businesses. date of enactment to apply to be a test range over certain offenses ...... 3271’’; (3) Scientific data derived from aviation- under clause (i).’’. and related fatigue and sleep research.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.015 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1918 CONGRESSIONAL RECORD — SENATE April 12, 2016 (4) Data gathered from aviation safety re- SEC. lll. EXTENSION OF ENHANCED CARBON ment factor for such calendar year deter- porting programs. DIOXIDE SEQUESTRATION CREDIT. mined under section 43(b)(3)(B) for such cal- (5) The need to accommodate diversity of (a) SHORT TITLE.—This section may be endar year, determined by substituting ‘2024’ operations conducted under part 135 of such cited as the ‘‘Carbon Capture Act’’. for ‘1990’. title. (b) IN GENERAL.— ‘‘(B) ROUNDING.—The applicable dollar (6) Such other matters as the Adminis- (1) INCREASE IN CREDIT RATE FOR CERTAIN amount determined under subparagraph (A) trator considers appropriate. CARBON CAPTURE EQUIPMENT.—Section 45Q(a) shall be rounded to the nearest cent. of the Internal Revenue Code of 1986 is (d) REPORT AND NOTICE OF PROPOSED RULE- ‘‘(2) INSTALLATION OF ADDITIONAL CARBON amended— MAKING.—The Administrator shall— CAPTURE EQUIPMENT ON EXISTING QUALIFIED (1) not later than 24 months after the date (A) in paragraph (1)— FACILITY.—In the case of a qualified facility of the enactment of this Act, submit to the (i) by amending subparagraph (A) to read placed in service before the date of the en- appropriate committees of Congress a report as follows: actment of the Carbon Capture Act, for based on the findings of the aviation rule- ‘‘(A) captured by the taxpayer using quali- which additional qualified carbon capture fied carbon capture equipment which is making committee convened under sub- equipment is placed in service on or after the originally placed in service at a qualified fa- section (a); and date of the enactment of the Carbon Capture cility before the date of the enactment of the (2) not later than 12 months after submit- Act, the amount of qualified carbon dioxide Carbon Capture Act, and’’, and ting the report required under paragraph (1), which is captured by the taxpayer shall be (ii) in subparagraph (B), by striking ‘‘and’’ issue a notice of proposed rulemaking con- equal to— at the end, sistent with any consensus recommendations ‘‘(A) for purposes of paragraph (1)(A) and (B) in paragraph (2)— reached by the aviation rulemaking com- (2)(A) of subsection (a), the lesser of— (i) by amending subparagraph (A) to read mittee. ‘‘(i) the total amount of qualified carbon as follows: dioxide captured at such facility for the tax- ‘‘(A) captured by the taxpayer using quali- SA 3644. Mr. INHOFE submitted an able year, or fied carbon capture equipment which is ‘‘(ii) the total amount of the carbon diox- amendment intended to be proposed to originally placed in service at a qualified fa- amendment SA 3464 submitted by Mr. ide capture capacity of the qualified carbon cility before the date of the enactment of the capture equipment in service at such facility THUNE (for himself and Mr. NELSON) to Carbon Capture Act,’’, and on the day before the date of the enactment the bill H.R. 636, to amend the Internal (ii) in subparagraph (C), by striking the pe- of the Carbon Capture Act, and Revenue Code of 1986 to permanently riod at the end and inserting a comma, and ‘‘(B) for purposes of paragraph (3)(A) and extend increased expensing limita- (C) by adding at the end the following new (4)(A) of such subsection, an amount (not tions, and for other purposes; which paragraphs: less than zero) equal to the excess of— ‘‘(3) the applicable dollar amount (as deter- ‘‘(i) the amount described in clause (i) of was ordered to lie on the table; as fol- mined under subsection (b)(1)) per metric ton lows: subparagraph (A), over of qualified carbon dioxide which is— ‘‘(ii) the amount described in clause (ii) of Strike section 3109 and insert the fol- ‘‘(A) captured by the taxpayer using quali- such subparagraph. lowing: fied carbon capture equipment which is ‘‘(3) ELECTION.—For purposes of deter- SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. originally placed in service at a qualified fa- mining the carbon dioxide sequestration (a) REGULATIONS.— cility on or after the date of the enactment credit under this section, a taxpayer may (1) IN GENERAL.—Not later than one year of the Carbon Capture Act, during the 10- elect to have the dollar amounts applicable after the date of the enactment of this Act, year period beginning on the date the equip- under paragraph (1) or (2) of subsection (a) the Secretary of Transportation shall issue ment was originally placed in service, and apply in lieu of the dollar amounts applica- final regulations to require a covered air car- ‘‘(B) disposed of by the taxpayer in secure ble under paragraph (3) or (4) of such sub- rier to promptly provide a refund to a pas- geological storage and not used by the tax- section for each metric ton of qualified car- senger, upon request, in the amount of any payer as described in paragraph (4)(B), and bon dioxide which is captured by the tax- applicable ancillary fees paid by the pas- ‘‘(4) the applicable dollar amount (as deter- payer using qualified carbon capture equip- senger if the air carrier has charged the pas- mined under subsection (b)(1)) per metric ton ment which is originally placed in service at senger an ancillary fee for checked baggage of qualified carbon dioxide which is— a qualified facility on or after the date of the and, except as provided in subsection (b), the ‘‘(A) captured by the taxpayer using quali- enactment of the Carbon Capture Act.’’. air carrier fails to deliver the checked bag- fied carbon capture equipment which is (3) ELECTION TO ALLOW CREDIT TO PERSON gage to the passenger within 24 hours of the originally placed in service at a qualified fa- THAT DISPOSES OF OR USES THE CARBON DIOX- time of arrival of the passenger at the pas- cility on or after the date of the enactment IDE.—Paragraph (5) of section 45Q(e) of such senger’s destination. of the Carbon Capture Act, during the 10- Code, as redesignated by paragraph (2)(A), is (2) CHOICE OF COMPARABLE COMPENSATION.— year period beginning on the date the equip- amended to read as follows: In the final regulations issued under para- ment was originally placed in service, ‘‘(5) CREDIT ATTRIBUTABLE TO TAXPAYER.— graph (1), the Secretary shall not prescribe ‘‘(B) used by the taxpayer as a tertiary ‘‘(A) IN GENERAL.—Except as provided sub- specific compensation, but shall permit a injectant in a qualified enhanced oil or nat- paragraph (B) or in any regulations pre- covered air carrier to provide the passenger ural gas recovery project, and scribed by the Secretary, any credit under with a choice of comparable compensation so ‘‘(C) disposed of by the taxpayer in secure this section shall be attributable to— long as a full refund of the ancillary fee is geological storage.’’. ‘‘(i) in the case of qualified carbon dioxide one of the choices simultaneously offered by (2) APPLICABLE DOLLAR AMOUNT; ADDITIONAL captured using qualified carbon capture the covered air carrier. EQUIPMENT; ELECTION.—Section 45Q of such equipment which is originally placed in serv- (b) EXCEPTION.—An air carrier is not re- Code is amended— ice at a qualified facility before the date of quired to provide a refund under subsection (A) by redesignating subsections (b) the enactment of the Carbon Capture Act, (a) with respect to checked baggage if the air through (e) as subsections (c) through (f), re- the person that captures and physically or carrier is prevented from delivering checked spectively, and contractually ensures the disposal of or the baggage by the time specified in subsection (B) by inserting after subsection (a) the use as a tertiary injectant of such qualified (a) by extraordinary circumstances that following new subsection: carbon dioxide, and could not have been avoided by the air car- ‘‘(b) APPLICABLE DOLLAR AMOUNT; ADDI- ‘‘(ii) in the case of qualified carbon dioxide rier even if all reasonable measures had been TIONAL EQUIPMENT; ELECTION.— captured using qualified carbon capture taken. ‘‘(1) APPLICABLE DOLLAR AMOUNT.— equipment which is originally placed in serv- ‘‘(A) IN GENERAL.—The applicable dollar ice at a qualified facility on or after the date SA 3645. Ms. HEITKAMP (for herself, amount shall be an amount equal to— of the enactment of the Carbon Capture Act, Mrs. CAPITO, Mr. DONNELLY, Mr. ‘‘(i) for any taxable year beginning in a the person that owns the qualified carbon calendar year after 2015 and ending before capture equipment and physically or con- TESTER, Mr. BLUNT, Mr. BARRASSO, Mr. 2026— tractually ensures the capture and disposal COATS, Mr. DAINES, and Mr. ENZI) sub- ‘‘(I) for purposes of paragraph (3) of sub- of or the use as a tertiary injectant of such mitted an amendment intended to be section (a), the dollar amount established by qualified carbon dioxide. proposed to amendment SA 3464 sub- linear interpolation between $22.66 and $30 ‘‘(B) ELECTION.—If the person described in mitted by Mr. THUNE (for himself and for each calendar year during such period, subparagraph (A) makes an election under Mr. NELSON) to the bill H.R. 636, to and this subparagraph in such time and manner amend the Internal Revenue Code of ‘‘(II) for purposes of paragraph (4) of such as the Secretary may prescribe by regula- 1986 to permanently extend increased subsection, the dollar amount established by tions, the credit under this section— expensing limitations, and for other linear interpolation between $12.83 and $30 ‘‘(i) shall be allowable to the person that for each calendar year during such period, disposes of the qualified carbon dioxide or purposes; which was ordered to lie on and uses the qualified carbon dioxide as a ter- the table; as follows: ‘‘(ii) for any taxable year beginning in a tiary injectant, and At the appropriate place, insert the fol- calendar year after 2025, an amount equal to ‘‘(ii) shall not be allowable to the person lowing: the product of $30 and the inflation adjust- described in subparagraph (A).’’.

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(4) DEFINITION OF QUALIFIED FACILITY AND On page 215, between lines 17 and 18, insert tax under section 501(a)’’ after ‘‘political sub- QUALIFIED CARBON CAPTURE EQUIPMENT.—Sub- the following: division thereof’’. section (d) of section 45Q of such Code, as re- (b) HELICOPTER CRASH-RESISTANT FUEL (2) CLERICAL AMENDMENT.—The heading of designated by paragraph (2)(A), is amended SYSTEMS.—Not later 1 year after the date of paragraph (4) of section 179D(d) of such Code to read as follows: enactment of this Act, in accordance with is amended by inserting ‘‘AND PROPERTY HELD ‘‘(d) QUALIFIED FACILITY AND QUALIFIED the safety recommendations of the National BY CERTAIN NON-PROFITS’’ after ‘‘PUBLIC PROP- CARBON CAPTURE EQUIPMENT.— Transportation Safety Board, dated July 23, ERTY’’. ‘‘(1) QUALIFIED FACILITY.—For purposes of 2015 (A–15–12), the Administrator of the Fed- (c) EFFECTIVE DATE.—The amendments this section, the term ‘qualified facility’ eral Aviation Administration shall issue reg- made by this section shall apply to property means any industrial facility— ulations to ensure that the requirements of placed in service after December 31, 2015. ‘‘(A)(i) the construction of which begins be- sections 27.952 and 29.952 of title 14, Code of fore January 1, 2022, and— Federal Regulations, are met by requiring SA 3649. Mr. CARDIN submitted an ‘‘(I) the original planning and design for that all newly manufactured helicopters, re- amendment intended to be proposed to such facility includes installation of quali- gardless of the original certification dates of amendment SA 3464 submitted by Mr. fied carbon capture equipment, or the designs for such helicopters, have fuel THUNE (for himself and Mr. NELSON) to ‘‘(II) construction of qualified carbon cap- systems that meet the crash-worthiness re- the bill H.R. 636, to amend the Internal ture equipment begins before such date, or quirements of such sections. ‘‘(ii) which is placed in service before Janu- Revenue Code of 1986 to permanently ary 1, 2022, and includes installation of quali- SA 3647. Mr. HATCH submitted an extend increased expensing limita- fied carbon capture equipment, provided that amendment intended to be proposed to tions, and for other purposes; which construction of such carbon capture equip- amendment SA 3464 submitted by Mr. was ordered to lie on the table; as fol- ment begins before such date, and lows: ‘‘(B) which captures— THUNE (for himself and Mr. NELSON) to the bill H.R. 636, to amend the Internal At the appropriate place, insert the fol- ‘‘(i) in the case of an electricity generating lowing: Revenue Code of 1986 to permanently facility, not less than 500,000 metric tons of SEC. lll. COMPENSATION FOR FEDERAL EM- qualified carbon dioxide during the taxable extend increased expensing limita- PLOYEES AFFECTED BY A LAPSE IN year, or tions, and for other purposes; which APPROPRIATIONS. ‘‘(ii) in the case of facility not described in was ordered to lie on the table; as fol- Section 1341 of title 31, United States Code, clause (i), not less than 100,000 metric tons of lows: is amended— qualified carbon dioxide during the taxable (1) in subsection (a)(1), by striking ‘‘An of- At the end of subtitle D of title II, add the year. ficer’’ and inserting ‘‘Except as specified in following: ‘‘(2) QUALIFIED CARBON CAPTURE EQUIP- this subchapter or any other provision of MENT.—For purposes of this section, the term SEC. 2405. FRANGIBILITY STANDARDS AND RE- law, an officer’’; and QUIREMENTS. ‘qualified carbon capture equipment’ (2) by adding at the end the following: means— (a) IN GENERAL.—Not later than one year ‘‘(c)(1) In this subsection— ‘‘(A) carbon capture equipment placed in after the date of the enactment of this Act, ‘‘(A) the term ‘covered lapse in appropria- service before January 1, 2022, and the Administrator of the Federal Aviation tions’ means a lapse in appropriations that ‘‘(B) carbon capture equipment the con- Administration shall— begins on or after October 1, 2015; and struction of which begins before such date.’’. (1) develop standards and requirements for ‘‘(B) the term ‘excepted employee’ means (5) APPLICATION OF SECTION.—Subsection (f) the frangibility of new civilian aviation fa- an excepted employee or an employee per- of section 45Q of such Code, as redesignated cilities and structures, in accordance with forming emergency work, as such terms are by paragraph (2)(A), is amended to read as Federal Aviation Administration Advisory defined by the Office of Personnel Manage- follows: Circular 150/5220-23; ment. ‘‘(f) APPLICATION OF SECTION FOR CERTAIN (2) develop standard test protocols and cer- ‘‘(2) Each Federal employee furloughed as CARBON CAPTURE EQUIPMENT.—In the case of tification processes for frangible civilian a result of a covered lapse in appropriations any qualified carbon capture equipment aviation facilities and structures; and shall be paid for the period of the lapse in ap- placed in service before the date of the en- (3) notify Congress of the viability of es- propriations, and each excepted employee actment of the Carbon Capture Act, the cred- tablishing a frangibility test center in the who is required to perform work during a it under this section shall apply with respect United States that is capable of performing covered lapse in appropriations shall be paid to qualified carbon dioxide captured using test protocols approved by the Federal Avia- for such work, at the employee’s standard such equipment before the end of the cal- tion Administration. rate of pay at the earliest date possible after endar year in which the Secretary, in con- (b) CONSIDERATIONS.—In determining the the lapse in appropriations ends, regardless sultation with the Administrator of the En- viability of establishing a frangibility test of scheduled pay dates. vironmental Protection Agency, certifies center in the United States under subsection ‘‘(3) During a covered lapse in appropria- that 75,000,000 metric tons of qualified carbon (a)(3), the Administrator shall consider fa- tions, each excepted employee who is re- dioxide have been taken into account in ac- cilities of centers of excellence, partnerships, quired to perform work shall be entitled to cordance with paragraphs (1) and (2) of sub- industry stakeholders, and other Federal use leave under chapter 63 of title 5, or any section (a).’’. agencies. other applicable law or equivalent formal (6) REGULATIONS.—Section 45Q of such Code leave system governing the use of leave by is amended by adding at the end the fol- SA 3648. Mr. CARDIN (for himself the excepted employee, for which compensa- lowing new subsection: and Mr. PORTMAN) submitted an tion shall be paid at the earliest date pos- ‘‘(g) REGULATIONS.—The Secretary may amendment intended to be proposed to sible after the lapse in appropriations ends, prescribe such regulations and other guid- regardless of scheduled pay dates.’’. ance as may be necessary or appropriate to amendment SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to carry out this section, including regulations SA 3650. Mrs. FEINSTEIN (for her- or other guidance to— the bill H.R. 636, to amend the Internal self, Mr. TILLIS, and Mr. BLUMENTHAL) ‘‘(1) ensure proper allocation under sub- Revenue Code of 1986 to permanently section (a) for qualified carbon dioxide cap- submitted an amendment intended to extend increased expensing limita- be proposed to amendment SA 3464 sub- tured by a taxpayer during the taxable year tions, and for other purposes; which mitted by Mr. THUNE (for himself and ending after the date of the enactment of the was ordered to lie on the table; as fol- Carbon Capture Act, and Mr. NELSON) to the bill H.R. 636, to lows: ‘‘(2) determine whether a facility satisfies amend the Internal Revenue Code of the requirements under subsection (d)(1) dur- At the appropriate place, insert the fol- 1986 to permanently extend increased lowing: ing such taxable year.’’. expensing limitations, and for other (c) EFFECTIVE DATE.—The amendments SEC. llll. ALLOCATIONS OF CREDITS TO IN- made by this section shall take effect on the DIAN TRIBAL GOVERNMENTS AND purposes; which was ordered to lie on date of the enactment of this Act. NONPROFIT ORGANIZATIONS. the table; as follows: (a) ALLOCATIONS TO INDIAN TRIBAL GOVERN- Strike section 2152. SA 3646. Mr. HATCH (for himself and MENTS.—Paragraph (4) of section 179D(d) of Mr. BENNET) submitted an amendment the Internal Revenue Code of 1986 is amended SA 3651. Mr. SULLIVAN (for himself, intended to be proposed to amendment by striking ‘‘or local’’ and inserting ‘‘local, Ms. CANTWELL, Ms. MURKOWSKI, and SA 3464 submitted by Mr. THUNE (for or Indian tribal’’. Ms. AYOTTE) submitted an amendment (b) ALLOCATIONS TO CERTAIN NONPROFIT OR- himself and Mr. NELSON) to the bill intended to be proposed to amendment GANIZATIONS.— H.R. 636, to amend the Internal Rev- SA 3464 submitted by Mr. THUNE (for (1) IN GENERAL.—Paragraph (4) of section enue Code of 1986 to permanently ex- 179D(d) of the Internal Revenue Code of 1986, himself and Mr. NELSON) to the bill tend increased expensing limitations, as amended by subsection (a), is amended by H.R. 636, to amend the Internal Rev- and for other purposes; which was or- inserting ‘‘, or by an organization that is de- enue Code of 1986 to permanently ex- dered to lie on the table; as follows: scribed in section 501(c)(3) and exempt from tend increased expensing limitations,

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Mr. CASEY (for himself and dered to lie on the table; as follows: TEES.—The term ‘‘appropriate congressional Mr. BROWN) submitted an amendment Beginning on page 316, strike line 20 and committees’’ means— intended to be proposed to amendment (A) the Committee on Homeland Security all that follows through page 318, line 17, and SA 3464 submitted by Mr. THUNE (for and Governmental Affairs of the Senate; insert the following: himself and Mr. NELSON) to the bill ‘‘(B) CONSIDERATION OF ADDITIONAL APPLI- (B) the Committee on Appropriations of the Senate; H.R. 636, to amend the Internal Rev- CANTS.—The Administrator shall consider enue Code of 1986 to permanently ex- additional applicants for the position of air (C) the Committee on the Judiciary of the traffic controller by referring an approxi- Senate; tend increased expensing limitations, mately equal number of employees for ap- (D) the Committee on Commerce, Science, and for other purposes; which was or- pointment among the the applicant pools de- and Transportation of the Senate; dered to lie on the table; as follows: scribed in subparagraph (C). If the number of (E) the Committee on Homeland Security of the House of Representatives; At the appropriate place, insert the fol- referrals from one of the pools is insufficient lowing: to provide an approximately equal number of (F) the Committee on Appropriations of candidates as the other pools in order to the House of Representatives; SEC. ll. SCALABLE AEROSPACE ADDITIVE MAN- (G) the Committee on the Judiciary of the UFACTURING DEMONSTRATION INI- meet the need of the Federal Aviation Ad- TIATIVE. ministration for new employees, the Admin- House of Representatives; and (a) IN GENERAL.—The Administrator of the istrator shall draw from the other pools to (H) the Committee on Energy and Com- Federal Aviation Administration shall de- meet the need. The number of employees re- merce of the House of Representatives. velop a scalable aerospace additive manufac- ferred for consideration from pool one and (2) NORTHERN BORDER.—The term ‘‘North- turing demonstration initiative which shall pool two shall not differ by more than 10 per- ern Border’’ means the land and maritime focus on developing research and training on cent. borders between the United States and Can- a certification framework for a range of air- ‘‘(C) APPLICANT POOLS.—The the applicant ada. craft components, including safety-critical pools referred to in subparagraph (B) are the (c) NORTHERN BORDER THREAT ANALYSIS.— applications, to address barriers to the scal- following: (1) IN GENERAL.—Not later than 180 days able adoption of additive manufacturing in ‘‘(i) POOL ONE.—Applicants who have suc- after the date of enactment of this Act, the United States civil aerospace. cessfully completed air traffic controller Secretary of Homeland Security shall sub- training and graduated from an institution mit to the appropriate congressional com- (b) INITIATIVE COMPONENTS.—The dem- participating in the Collegiate Training Ini- mittees a Northern Border threat analysis onstration initiative required by subsection tiative program maintained under sub- that includes— (a) shall— section (c)(1) who have received from the in- (A) current and potential terrorism and (1) promote and facilitate collaboration stitution— criminal threats posed by individuals and or- among academia, the commercial aircraft in- ‘‘(I) an appropriate recommendation; or ganized groups seeking— dustry, including manufacturers, suppliers ‘‘(II) an endorsement certifying that the (i) to enter the United States through the and commercial air carriers, Centers for individual would have met the requirements Northern Border; or Manufacturing Innovation in the Network in effect as of December 31, 2013, for an ap- (ii) to exploit border vulnerabilities on the for Manufacturing Innovation Program ad- propriate recommendation. Northern Border; ministered by the Department of Commerce, ‘‘(ii) POOL TWO.—Applicants who apply (B) improvements needed at and between and national manufacturing innovation in- under a vacancy announcement recruiting ports of entry along the Northern Border— stitutes administered by the Federal Avia- from all United States citizens. (i) to prevent terrorists and instruments of tion Administration; ‘‘(iii) POOL THREE.—Applicants who— terrorism from entering the United States; (2) identify and promote opportunities for ‘‘(I) are eligible for a veterans recruitment and collaboration and technical exchange among appointment pursuant to section 4214 of title (ii) to reduce criminal activity, as meas- agencies involved in research related to the 38, United States Code, and provide a Certifi- ured by the total flow of illegal goods, illicit safety and certification of scalable additive cate of Release or Discharge from Active drugs, and smuggled and trafficked persons manufacturing, including the National Aero- Duty within 120 days of the announcement moved in either direction across to the nautics and Space Administration, the Na- closing; Northern Border; tional Science Foundation, the National In- ‘‘(II) are eligible veterans (as defined in (C) gaps in law, policy, cooperation be- stitute of Standards and Technology, and the section 4211 of title 38, United States Code) tween State, tribal, and local law enforce- Department of Energy; maintaining aviation experience obtained in ment, international agreements, or tribal (3) develop a research and training pro- the course of the individual’s military expe- agreements that hinder effective and effi- gram for basic and applied technical ad- rience; or cient border security, counter-terrorism, vances in technologies related to the safety ‘‘(III) are preference eligible veterans (as anti-human smuggling and trafficking ef- and certification of additively manufactured defined in section 2108 of title 5, United forts, and the flow of legitimate trade along aerospace components, including safety crit- States Code). the Northern Border; and ical applications; and ‘‘(D) RULE OF CONSTRUCTION.—Nothing in (D) whether additional U.S. Customs and (4) develop and undertake research on tech- this paragraph limits the applicability to the Border Protection preclearance and nologies related to improving the certifi- three pools of applicants described in sub- preinspection operations at ports of entry cation of additive manufactured components paragraph (C) of any provision of title 5 re- along the Northern Border could help pre- with academia, industry, non-profit research lating to veterans. vent terrorists and instruments of terror institutes, and manufacturing innovation in- ‘‘(2) USE OF BIOGRAPHICAL ASSESSMENTS.— from entering the United States. stitutes. ‘‘(A) BIOGRAPHICAL ASSESSMENTS.—The Ad- (2) ANALYSIS REQUIREMENTS.—For the ministration shall not use any biographical threat analysis required under paragraph (1), SA 3654. Mr. CORNYN (for himself, assessment when hiring under subparagraph the Secretary of Homeland Security shall Mr. BLUMENTHAL, Mr. KIRK, and Mr. (A) or clause (i) or (iii) of subparagraph (C) of consider and examine— COONS) submitted an amendment in- paragraph (1). (A) technology needs and challenges; tended to be proposed to amendment (B) personnel needs and challenges; SA 3464 submitted by Mr. THUNE (for SA 3652. Ms. HEITKAMP (for herself (C) the role of State, tribal, and local law and Ms. AYOTTE) submitted an amend- enforcement in general border security ac- himself and Mr. NELSON) to the bill ment intended to be proposed to tivities; H.R. 636, to amend the Internal Rev- amendment SA 3464 submitted by Mr. (D) the need for cooperation among Fed- enue Code of 1986 to permanently ex- THUNE (for himself and Mr. NELSON) to eral, State, tribal, local, and Canadian law tend increased expensing limitations, the bill H.R. 636, to amend the Internal enforcement entities relating to border secu- and for other purposes; which was or- rity; dered to lie on the table; as follows: Revenue Code of 1986 to permanently (E) the terrain, population density, and cli- extend increased expensing limita- mate along the Northern Border; and At the end of title V, add the following: tions, and for other purposes; which (F) the needs and challenges of Department SEC. 5032. REPORT ON AIRPORTS USED BY was ordered to lie on the table; as fol- facilities, including the physical approaches MAHAN AIR. lows: to such facilities. (a) IN GENERAL.—Not later than 120 days At the appropriate place, insert the fol- (3) CLASSIFIED THREAT ANALYSIS.—To the after the date of the enactment of this Act, lowing: extent possible, the Secretary of Homeland and annually thereafter through 2020, the SEC. lll. NORTHERN BORDER SECURITY RE- Security shall submit the threat analysis re- Secretary of Homeland Security, in con- VIEW. quired under paragraph (1) in unclassified sultation with the Secretary of Transpor- (a) SHORT TITLE.—This section may be form. The Secretary may submit a portion of tation, the Secretary of State, the Secretary cited as the ‘‘Northern Border Security Re- the threat analysis in classified form if the of the Treasury, and the Director of National view Act’’. Secretary determines that such form is ap- Intelligence, shall submit to Congress a re- (b) DEFINITIONS.—In this section: propriate for that portion. port that includes—

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(1) a list of all airports at which aircraft ‘‘(i) IN GENERAL.—The term ‘qualified bio- ‘‘(ii) any fuel derived from coprocessing owned or controlled by Mahan Air have land- diesel mixture’ means a biodiesel mixture biomass with a feedstock which is not bio- ed during the 2 years preceding the submis- which is— mass, or sion of the report; and ‘‘(I) sold by the producer of such mixture ‘‘(iii) any fuel that is not chemically equiv- (2) for each such airport— to any person for use as a fuel, or alent to petroleum diesel fuels that can meet (A) an assessment of whether aircraft ‘‘(II) used by the producer of such mixture fuel quality specifications applicable to die- owned or controlled by Mahan Air continue as a fuel. sel fuel, gasoline, or aviation fuel. to conduct operations at that airport; ‘‘(ii) SALE OR USE MUST BE IN TRADE OR ‘‘(C) BIOMASS.—For purposes of this para- (B) an assessment of whether any of the BUSINESS, ETC.—A biodiesel mixture shall not graph, the term ‘biomass’ has the meaning landings of aircraft owned or controlled by be treated as a qualified biodiesel mixture given such term by section 45K(c)(3).’’. Mahan Air were necessitated by an emer- unless the sale or use described in clause (i) (B) CONFORMING AMENDMENTS.—Section gency situation; is in a trade or business of the person pro- 40A(f) of such Code is amended— (C) a determination regarding whether ad- ducing the biodiesel mixture. (i) by striking ‘‘Subsection (b)(4)’’ in para- ditional security measures should be im- ‘‘(B) BIODIESEL MIXTURE.—The term ‘bio- graph (2) and inserting ‘‘Subsection (b)’’, and posed on flights to the United States that diesel mixture’ means a mixture which con- (ii) by striking paragraph (4) and inserting originate from that airport; and sists of biodiesel and diesel fuel (as defined the following: (D) an explanation of the rationale for that in section 4083(a)(3)), determined without re- ‘‘(4) CERTAIN AVIATION FUEL.—Except as determination. gard to any use of kerosene. provided paragraph (3)(B), the term ‘renew- (b) FORM OF REPORT.—Each report required ‘‘(3) BIODIESEL NOT USED FOR A QUALIFIED able diesel’ shall include fuel derived from by subsection (a) shall be submitted in un- PURPOSE.—If— biomass which meets the requirements of a classified form, but may include a classified ‘‘(A) any credit was determined with re- Department of Defense specification for mili- annex. spect to any biodiesel under this section, and tary jet fuel or an American Society of Test- (c) PUBLICATION OF LIST.—The list required ‘‘(B) any person uses such biodiesel for a ing and Materials specification for aviation by subsection (a)(1) shall be publicly and purpose not described in subsection (a), turbine fuel.’’. prominently posted on the website of the De- then there is hereby imposed on such person (5) EXTENSION.—Subsection (g) of section partment of Homeland Security on the date a tax equal to the product of the rate appli- 40A of such Code is amended by striking ‘‘De- on which the report required by subsection cable under subsection (a) and the number of cember 31, 2016’’ and inserting ‘‘December 31, (a) is submitted to Congress. gallons of such biodiesel. 2019’’. ‘‘(4) PASS-THRU IN THE CASE OF ESTATES AND (6) CLERICAL AMENDMENT.—The table of SA 3655. Mr. GRASSLEY (for him- TRUSTS.—Under regulations prescribed by sections for subpart D of part IV of sub- self, Ms. CANTWELL, Mr. BLUNT, Ms. the Secretary, rules similar to the rules of chapter A of chapter 1 of such Code is HEITKAMP, Mrs. ERNST, Mr. DONNELLY, subsection (d) of section 52 shall apply. amended by striking the item relating to section 40A and inserting the following new Mr. FRANKEN, and Mr. WHITEHOUSE) ‘‘(5) LIMITATION TO BIODIESEL WITH CONNEC- item: submitted an amendment intended to TION TO THE UNITED STATES.— ‘‘Sec. 40A. Biodiesel fuels credit.’’. be proposed to amendment SA 3464 sub- ‘‘(A) IN GENERAL.—No credit shall be deter- mined under subsection (a) with respect to (b) REFORM OF EXCISE TAX CREDIT.— mitted by Mr. THUNE (for himself and biodiesel unless such biodiesel is produced in (1) IN GENERAL.—Subsection (c) of section Mr. NELSON) to the bill H.R. 636, to the United States from qualified feedstocks. 6426 of the Internal Revenue Code of 1986 is amend the Internal Revenue Code of For purposes of this paragraph, the term amended to read as follows: 1986 to permanently extend increased ‘United States’ includes any possession of ‘‘(c) BIODIESEL PRODUCTION CREDIT.— expensing limitations, and for other the United States. ‘‘(1) IN GENERAL.—For purposes of this sec- purposes; which was ordered to lie on ‘‘(B) QUALIFIED FEEDSTOCKS.—For purposes tion, the biodiesel production credit is $1.00 the table; as follows: of subparagraph (A), the term ‘qualified feed- for each gallon of biodiesel produced by the stock’ means any feedstock which is allow- taxpayer and which— At the appropriate place, insert the fol- able for a fuel that is assigned a D–Code of 4 ‘‘(A) is sold by such taxpayer to another lowing: under table 1 of section 80.1426(f) of title 40, person— SEC. lll. REFORM OF BIODIESEL TAX INCEN- Code of Federal Regulations.’’. ‘‘(i) for use by such other person’s trade or TIVES. (3) RULES FOR SMALL BIODIESEL PRO- business as a fuel or in the production of a (a) INCOME TAX CREDIT.— DUCERS.— qualified biodiesel mixture (other than cas- (1) IN GENERAL.—So much of section 40A of (A) IN GENERAL.—Section 40A(e) of such ual off-farm production), or the Internal Revenue Code of 1986 as precedes Code is amended— ‘‘(ii) who sells such biodiesel at retail to subsection (c) is amended to read as follows: (i) by striking ‘‘agri-biodiesel’’ each place another person and places such biodiesel in ‘‘SEC. 40A. BIODIESEL FUELS CREDIT. it appears in paragraphs (1) and (5)(A) and in- the fuel tank of such other person, or ‘‘(a) IN GENERAL.—For purposes of section serting ‘‘biodiesel’’, ‘‘(B) is used by such taxpayer for any pur- 38, the biodiesel fuels credit determined (ii) by striking ‘‘subsection (b)(4)(C)’’ each pose described in subparagraph (A). under this section for the taxable year is place it appears in paragraphs (2) and (3) and ‘‘(2) DEFINITIONS.—Any term used in this $1.00 for each gallon of biodiesel produced by inserting ‘‘subsection (b)(2)’’, and subsection which is also used in section 40A the taxpayer which during the taxable year— (iii) by striking ‘‘subsection (a)(3)’’ each shall have the meaning given such term by ‘‘(1) is sold by the taxpayer to another per- place it appears in paragraphs (5)(A), section 40A. son— (6)(A)(i), and (6)(B)(i) and inserting ‘‘sub- ‘‘(3) TERMINATION.—This subsection shall ‘‘(A) for use by such other person’s trade or section (b)’’. not apply to any sale, use, or removal after business as a fuel or in the production of a (B) The heading for subsection (e) of sec- December 31, 2019.’’. qualified biodiesel mixture (other than cas- tion 40A of such Code is amended by striking (2) PRODUCER REGISTRATION REQUIREMENT.— ual off-farm production), or ‘‘AGRI-BIODIESEL’’ and inserting ‘‘BIODIESEL’’. Subsection (a) of section 6426 of such Code is ‘‘(B) who sells such biodiesel at retail to (C) The headings for paragraphs (1) and (6) amended by striking ‘‘subsections (d) and another person and places such biodiesel in of section 40A(e) of such Code are each (e)’’ in the flush sentence at the end and in- the fuel tank of such other person, or amended by striking ‘‘AGRI-BIODIESEL’’ and serting ‘‘subsections (c), (d), and (e)’’. ‘‘(2) is used by such taxpayer for any pur- inserting ‘‘BIODIESEL’’. (3) RECAPTURE.— pose described in paragraph (1). (4) RENEWABLE DIESEL.— (A) IN GENERAL.—Subsection (f) of section ‘‘(b) INCREASED CREDIT FOR SMALL PRO- (A) IN GENERAL.—Paragraph (3) of section 6426 of such Code is amended— DUCERS.— 40A(f) of such Code is amended to read as fol- (i) by striking ‘‘or biodiesel’’ each place it ‘‘(1) IN GENERAL.—In the case of any eligi- lows: appears in subparagraphs (A) and (B)(i) of ble small biodiesel producer, subsection (a) ‘‘(3) RENEWABLE DIESEL DEFINED.— paragraph (1), shall be applied by increasing the dollar ‘‘(A) IN GENERAL.—The term ‘renewable (ii) by striking ‘‘or biodiesel mixture’’ in amount contained therein by 10 cents. diesel’ means liquid fuel derived from bio- paragraph (1)(A), and ‘‘(2) LIMITATION.—Paragraph (1) shall only mass which— (iii) by redesignating paragraph (2) as para- apply with respect to the first 15,000,000 gal- ‘‘(i) is not a mono-alkyl ester, graph (3) and by inserting after paragraph (1) lons of biodiesel produced by any eligible ‘‘(ii) can be used in engines designed to op- the following new paragraph: small biodiesel producer during any taxable erate on conventional diesel fuel, and ‘‘(2) BIODIESEL.—If any credit was deter- year.’’. ‘‘(iii) meets the requirements for any mined under this section or paid pursuant to (2) DEFINITIONS AND SPECIAL RULES.—Sec- Grade No. 1–D fuel or Grade No. 2–D fuel cov- section 6427(e) with respect to the production tion 40A(d) of such Code is amended by strik- ered under the American Society for Testing of any biodiesel and any person uses such ing all that follows paragraph (1) and insert- and Materials specification D–975–13a. biodiesel for a purpose not described in sub- ing the following: ‘‘(B) EXCEPTIONS.—Such term shall not in- section (c)(1), then there is hereby imposed ‘‘(2) QUALIFIED BIODIESEL MIXTURE; BIO- clude— on such person a tax equal to $1 for each gal- DIESEL MIXTURE.— ‘‘(i) any liquid with respect to which a lon of such biodiesel.’’. ‘‘(A) QUALIFIED BIODIESEL MIXTURE.— credit may be determined under section 40, (B) CONFORMING AMENDMENTS.—

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.019 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1922 CONGRESSIONAL RECORD — SENATE April 12, 2016 (i) Paragraph (3) of section 6426(f) of such Strike section 2124 through 2138 and insert ards for small unmanned aircraft systems de- Code, as redesignated by subparagraph the following: veloped under subsection (a); (A)(iii), is amended by inserting ‘‘or (2)’’ SEC. 2124. SMALL UNMANNED AIRCRAFT SAFETY ‘‘(2) the certification of small unmanned after ‘‘paragraph (1)’’. STANDARDS. aircraft systems based upon the consensus (ii) The heading for paragraph (1) of section (a) IN GENERAL.—Chapter 448, as amended safety standards developed under subsection 6426(f) of such Code is amended by striking by section 2122 of this Act, is further amend- (a), which shall allow the Administrator to ‘‘IMPOSITION OF TAX’’ and inserting ‘‘IN GEN- ed by inserting after section 44802 the fol- approve small unmanned aircraft systems for ERAL’’. lowing: operation within the national airspace sys- (4) LIMITATION.—Section 6426(i) of such ‘‘SEC. 44803. SMALL UNMANNED AIRCRAFT SAFE- tem without requiring the type certification Code is amended— TY STANDARDS. process in parts 21 and 23 of title 14, Code of (A) in paragraph (2)— ‘‘(a) CONSENSUS SAFETY STANDARDS.—Not Federal Regulations; and (i) by striking ‘‘biodiesel or’’, and later than 60 days after the date of enact- ‘‘(3) the certification of a manufacturer of (ii) by striking ‘‘BIODIESEL AND’’ in the ment of the Federal Aviation Administration small unmanned aircraft systems, or an em- heading, and Reauthorization Act of 2016, the Director of ployee of such manufacturer, that has dem- (B) by inserting after paragraph (2) the fol- the National Institute of Standards and onstrated compliance with the consensus lowing new paragraph: Technology and the Administrator of the safety standards developed under subsection ‘‘(3) BIODIESEL.—No credit shall be deter- Federal Aviation Administration, in con- (a) and met any other qualifying criteria, as mined under subsection (a) with respect to sultation with government and industry determined by the Administrator, to alter- biodiesel unless such biodiesel is produced in stakeholders and appropriate standards-set- natively satisfy the requirements of para- the United States from qualified feedstocks ting organizations, shall initiate a collabo- graph (2), which certification— (as defined in section 40A(d)(5)(B)).’’. rative process to develop risk-based, con- ‘‘(A) shall allow small unmanned aircraft (5) CLERICAL AMENDMENTS.— sensus industry safety standards related to systems to operate within the national air- (A) The heading of section 6426 of such the safe integration of small unmanned air- space system without requiring the type cer- craft systems into the national airspace sys- Code is amended by striking ‘‘ALCOHOL FUEL, tification process in parts 21 and 23 of title tem. BIODIESEL, AND ALTERNATIVE FUEL MIXTURES’’ 14, Code of Federal Regulations; and ‘‘(b) CONSIDERATIONS.—In developing the and inserting ‘‘ALCOHOL FUEL MIXTURES, BIO- ‘‘(B) may be revoked if the Administrator consensus safety standards under subsection DIESEL PRODUCTION, AND ALTERNATIVE FUEL determines that the manufacturer is not in (a), the Director and Administrator shall ’’. compliance with requirements set forth by MIXTURES consider the following: (B) The item relating to section 6426 in the the Administrator. ‘‘(1) Technologies or standards related to table of sections for subchapter B of chapter geographic limitations, altitude limitations, ‘‘(e) REVIEW.—The Administrator of the 65 of such Code is amended by striking ‘‘alco- and sense and avoid capabilities. Federal Aviation Administration may re- hol fuel, biodiesel, and alternative fuel mix- ‘‘(2) Using performance-based standards. quire manufacturers to provide the FAA tures’’ and inserting ‘‘alcohol fuel mixtures, ‘‘(3) Predetermined action to maintain with the following: biodiesel production, and alternative fuel safety in the event that a communications ‘‘(1) The aircraft’s operating instructions. mixtures’’. link between a small unmanned aircraft and ‘‘(2) The manufacturer’s statement of com- (c) REFORM OF EXCISE PAYMENTS.—Sub- pliance as described in subsection (f). section (e) of section 6427 of the Internal its operator is lost or compromised. Revenue Code of 1986 is amended— ‘‘(4) Detectability and identifiability to pi- ‘‘(3) A sample aircraft, to be inspected, (1) by striking ‘‘or the biodiesel mixture lots, the Federal Aviation Administration, upon request, by the Federal Aviation Ad- credit’’ in paragraph (1), and air traffic controllers, as appropriate. ministration to ensure compliance with the (2) by redesignating paragraphs (3) through ‘‘(5) Means to prevent tampering with or consensus safety standards required by the (6) as paragraphs (4) through (7), respec- modification of any system, limitation, or Administrator under subsection (d). tively, and by inserting after paragraph (2) other safety mechanism or standard under ‘‘(f) MANUFACTURER’S STATEMENT OF COM- the following new paragraph: this section or any other provision of law, in- PLIANCE FOR SMALL UAS.—A manufacturer’s ‘‘(3) BIODIESEL PRODUCTION CREDIT.—If any cluding a means to identify any tampering statement of compliance shall— person produces biodiesel and sells or uses or modification that has been made. ‘‘(1) identify the aircraft make and model, such biodiesel as provided in section ‘‘(6) Consensus identification standards and consensus safety standards used; 6426(c)(1), the Secretary shall pay (without under section 2105. ‘‘(2) state that the aircraft make and interest) to such person an amount equal to ‘‘(7) Cost benefit and risk analysis to up- model meets the provisions of the standards the biodiesel production credit with respect date or modify a small unmanned aircraft identified in paragraph (1); to such biodiesel.’’, system that was commercially distributed ‘‘(3) state that the aircraft make and (3) by striking ‘‘paragraph (1) or (2)’’ each prior to the development of the consensus model conforms to the manufacturer’s design place it appears in paragraphs (4) and (6), as aircraft safety standards so that, to the data and is manufactured in way that en- redesignated by paragraph (2), and inserting greatest extent practicable, such systems sures consistency in production across units ‘‘paragraph (1), (2), or (3)’’, meet the consensus aircraft safety stand- in the production process in order to meet (4) by striking ‘‘alternative fuel’’ each ards. the applicable consensus safety standards; place it appears in paragraphs (4) and (6), as ‘‘(8) Any technology or standard related to ‘‘(4) state that the manufacturer will make redesignated by paragraph (2), and inserting small unmanned aircraft systems that pro- available to any interested person— ‘‘fuel’’, and motes aviation safety. ‘‘(A) the aircraft’s operating instructions, (5) in paragraph (7)(B), as redesignated by ‘‘(9) Whether any category of unmanned that meet the standards identified in para- paragraph (2)— aircraft systems, based on verified low risk graph (1); and (A) by striking ‘‘biodiesel mixture (as de- factors, should be exempt from such stand- ‘‘(B) the aircraft’s maintenance and inspec- fined in section 6426(c)(3))’’ and inserting ards. tion procedures, that meet the standards ‘‘(c) CONSULTATION.—In developing the con- ‘‘biodiesel (within the meaning of section identified in paragraph (1); sensus safety standards under subsection (a), 40A)’’, and ‘‘(5) state that the manufacturer will mon- the Director and Administrator shall consult (B) by striking ‘‘December 31, 2016’’ and in- itor safety-of-flight issues to ensure it meets with— serting ‘‘December 31, 2019’’. the standards identified in paragraph (1); ‘‘(1) the Administrator of the National Aer- (d) GUIDANCE.—Not later than 30 days after ‘‘(6) state that at the request of the Admin- onautics and Space Administration; the date of the enactment of this Act, the istrator, the manufacturer will provide ac- ‘‘(2) the President of RTCA, Inc.; Secretary of the Treasury, or the Secretary’s cess for the Administrator to its facilities; ‘‘(3) the Secretary of Defense; delegate, shall issue preliminary guidance and ‘‘(4) each operator of a test site under sec- with respect to the amendments made by ‘‘(7) state that the manufacturer, in ac- tion 44802; this subsection. cordance with testing requirements identi- ‘‘(5) the Center of Excellence for Unmanned (e) EFFECTIVE DATE.—The amendments fied by the Federal Aviation Administration, Aircraft Systems; made by this section shall apply to fuel sold has— ‘‘(6) unmanned aircraft systems stake- or used after December 31, 2016. ‘‘(A) ground and flight tested random sam- holders, including manufacturers of varying ples of the aircraft; SA 3656. Mr. HATCH submitted an sizes of such aircraft; and ‘‘(B) found the sample aircraft performance ‘‘(7) community-based aviation organiza- amendment intended to be proposed to acceptable; and tions. amendment SA 3464 submitted by Mr. ‘‘(C) determined that the make and model ‘‘(d) FAA PROCESS AND CERTIFICATION.— THUNE (for himself and Mr. NELSON) to of aircraft is suitable for safe operation. the bill H.R. 636, to amend the Internal Not later than 1 year after the date of enact- ment of the Federal Aviation Administration ‘‘(g) PROHIBITION.—It shall be unlawful for Revenue Code of 1986 to permanently Reauthorization Act of 2016, the Adminis- any person to introduce or deliver for intro- extend increased expensing limita- trator of the Federal Aviation Administra- duction into interstate commerce any un- tions, and for other purposes; which tion shall establish a process for— manned aircraft system manufactured after was ordered to lie on the table; as fol- ‘‘(1) the adoption by the Federal Aviation the date that the Administrator adopts con- lows: Administration of consensus safety stand- sensus safety standards under this section,

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.020 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1923 unless the manufacturer has received ap- manned aircraft systems may operate safely aircraft systems while reducing kinetic en- proval under subsection (d) for that make in the national airspace system notwith- ergy and risk compared to unmanned air- and model of unmanned aircraft system. standing completion of the comprehensive craft that may weigh as much as 55 pounds; ‘‘(h) EXCLUSIONS.—This section shall not plan and rulemaking required by section 332 (3) advancements in unmanned technology apply to unmanned aircraft systems that are of the FAA Modernization and Reform Act of will have the capacity to ultimately improve not capable of navigating beyond the visual 2012 (49 U.S.C. 40101 note) or the guidance re- manned aircraft safety; and line of sight of the operator through ad- quired by section 44807. (4) integrating unmanned aircraft systems vanced flight systems and technology, unless ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT safely into the national airspace, including the Administrator determines that is nec- SYSTEMS.—In making the determination beyond visual line of sight and nighttime op- essary to ensure safety of the airspace.’’. under subsection (a), the Secretary shall de- erations on a routine basis should remain a (b) TABLE OF CONTENTS.—The table of con- termine, at a minimum— top priority for the Federal Aviation Admin- tents for chapter 448, as amended by section ‘‘(1) which types of unmanned aircraft sys- istration as it pursues additional 2122 of this Act, is further amended by in- tems, if any, as a result of their size, weight, rulemakings under the amendments made by serting after the item relating to section speed, operational capability, proximity to this section. 44802 the following: airports and populated areas, and operation (b) IN GENERAL.—Chapter 448, as amended ‘‘44803. Small unmanned aircraft safety within or beyond visual line of sight, or oper- by section 2126 of this Act, is further amend- standards.’’. ation during the day or night, do not create ed by inserting after section 44805 the fol- SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN a hazard to users of the national airspace lowing: THE ARCTIC. system or the public; and ‘‘§ 44806. Additional rulemaking authority ‘‘(2) whether a certificate under section (a) IN GENERAL.—Chapter 448, as amended ‘‘(a) IN GENERAL.—Notwithstanding the by section 2124 of this Act, is further amend- 44703 or section 44704 of this title, or a cer- rulemaking required by section 332 of the ed by inserting after section 44803 the fol- tificate of waiver or certificate of authoriza- FAA Modernization and Reform Act of 2012 lowing: tion, is required for the operation of un- (49 U.S.C. 40101 note) or the guidance re- ‘‘§ 44804. Unmanned aircraft systems in the manned aircraft systems identified under quired by section 44807 of this title and sub- Arctic paragraph (1) of this subsection. ject to subsection (b)(2) of this section and ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.— section 44808, the Administrator may issue ‘‘(a) IN GENERAL.—The Secretary of Trans- If the Secretary determines under this sec- regulations under which a person may oper- portation shall develop a plan and initiate a tion that certain unmanned aircraft systems ate certain unmanned aircraft systems (as process to work with relevant Federal agen- may operate safely in the national airspace determined by the Administrator) in the cies and national and international commu- system, the Secretary shall establish re- United States— nities to designate permanent areas in the quirements for the safe operation of such air- ‘‘(1) without an airman certificate; Arctic where small unmanned aircraft may craft systems in the national airspace sys- ‘‘(2) without an airworthiness certificate operate 24 hours per day for research and tem, including operation related to research, for the associated unmanned aircraft; or commercial purposes. development, and testing of proprietary sys- ‘‘(3) that are not registered with the Fed- ‘‘(b) PLAN CONTENTS.—The plan under sub- tems. section (a) shall include the development of eral Aviation Administration. ‘‘(d) PILOT CERTIFICATION EXEMPTION.—If ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS processes to facilitate the safe operation of the Secretary proposes, under this section, OPERATIONAL RULES.— unmanned aircraft beyond line of sight. to require an operator of an unmanned air- ‘‘(1) IN GENERAL.—Notwithstanding the ‘‘(c) REQUIREMENTS.—Each permanent area craft system to hold an airman certificate, a rulemaking required by section 332 of the designated under subsection (a) shall enable medical certificate, or to have a minimum FAA Modernization and Reform Act of 2012 over-water flights from the surface to at number of hours operating a manned air- (49 U.S.C. 40101 note), the Administrator least 2,000 feet in altitude, with ingress and craft, the Secretary shall set forth the rea- shall issue regulations not later than 270 egress routes from selected coastal launch soning for such proposal and seek public no- days after the date of enactment of the Fed- sites. tice and comment before imposing any such ‘‘(d) AGREEMENTS.—To implement the plan eral Aviation Administration Reauthoriza- requirements. under subsection (a), the Secretary may tion Act of 2016 under which any person may ‘‘(e) SUNSET.—The authority under this operate a micro unmanned aircraft system enter into an agreement with relevant na- section for the Secretary to determine if cer- classification of unmanned aircraft systems, tional and international communities. tain unmanned aircraft systems may operate ‘‘(e) AIRCRAFT APPROVAL.—Not later than 1 the aircraft component of which weighs 4.4 safely in the national airspace system termi- year after the entry into force of an agree- pounds or less, including payload, without nates effective September 30, 2017.’’. ment necessary to effectuate the purposes of the person operating the system being re- (b) TECHNICAL AND CONFORMING AMEND- this section, the Secretary shall work with quired to pass any airman certification re- MENTS.— relevant national and international commu- quirement, including any requirements (1) TABLE OF CONTENTS.—The table of con- under section 44703 of this title, part 61 of nities to establish and implement a process, tents for chapter 448, as amended by section title 14, Code of Federal Regulations, or any or may apply an applicable process already 2125 of this Act, is further amended by in- other rule or regulation relating to airman established, for approving the use of un- serting after the item relating to section certification. manned aircraft in the designated permanent 44804 the following: areas in the Arctic without regard to wheth- ‘‘(2) OPERATIONAL RULES.—The rulemaking er an unmanned aircraft is used as a public ‘‘44805. Special rules for certain unmanned required by paragraph (1) relating to micro aircraft, a civil aircraft, or a model air- aircraft systems.’’. unmanned aircraft systems shall consider craft.’’. (2) SPECIAL RULES FOR CERTAIN UNMANNED the following rules, or any appropriate modi- (b) TECHNICAL AND CONFORMING AMEND- AIRCRAFT SYSTEMS.—Section 333 of the FAA fications thereof concerning altitude, air- MENTS.— Modernization and Reform Act of 2012 (49 speed, geographic location, and time of day (1) TABLE OF CONTENTS.—The table of con- U.S.C. 40101 note) and the item relating to as the Administrator considers appropriate, tents for chapter 448, as amended by section that section in the table of contents under for operation of such systems: 2124 of this Act, is further amended by in- section 1(b) of that Act (126 Stat. 13) are re- ‘‘(A) Operation an altitude of less than 400 serting after the item relating to section pealed. feet above ground level. 44803 the following: SEC. 2127. ADDITIONAL RULEMAKING AUTHOR- ‘‘(B) Operation with an airspeed of not ‘‘44804. Unmanned aircraft systems in the ITY. greater than 40 knots. Arctic.’’. (a) SENSE OF CONGRESS.—It is the sense of ‘‘(C) Operation within the visual line of Congress that— sight of the operator. (2) EXPANDING USE OF UNMANNED AIRCRAFT (1) beyond visual line of sight and night- ‘‘(D) Operation during the hours between SYSTEMS IN ARCTIC.—Section 332 of the FAA time operations of unmanned aircraft sys- sunrise and sunset. Modernization and Reform Act of 2012 (49 tems have tremendous potential— ‘‘(E) Operation not less than 5 statute U.S.C. 40101 note) is amended by striking (A) to enhance research and development miles from the geographic center of an air- subsection (d). both commercially and in academics; port with an operational air traffic control SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN (B) to spur economic growth and develop- tower or an airport denoted on a current UNMANNED AIRCRAFT SYSTEMS. ment through innovative applications of this aeronautical chart published by the Federal (a) IN GENERAL.—Chapter 448, as amended emerging technology; and Aviation Administration, except that a by section 2125 of this Act, is further amend- (C) to improve emergency response efforts micro unmanned aircraft system may be op- ed by inserting after section 44804 the fol- as it relates to assessing damage to critical erated within 5 statute miles of such an air- lowing: infrastructure such as roads, bridges, and port if the operator of the system— ‘‘§ 44805. Special authority for certain un- utilities, including water and power, ulti- ‘‘(i) provides notice to the airport operator; manned aircraft systems mately speeding response time; and ‘‘(a) IN GENERAL.—Notwithstanding any (2) advancements in miniaturization of ‘‘(ii) in the case of an airport with an oper- other requirement of this chapter, the Sec- safety technologies, including for aircraft ational air traffic control tower, receives ap- retary of Transportation shall use a risk- weighing under 4.4 pounds, have increased proval from the air traffic control tower. based approach to determine if certain un- economic opportunities for using unmanned ‘‘(c) SCOPE OF REGULATIONS.—

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‘‘(1) IN GENERAL.—In determining whether ‘‘(A) with respect to an application de- ‘‘(B) dissemination satisfies an authorized a person may operate an unmanned aircraft scribed in paragraph (1)— purpose and complies with that Federal system under 1 or more of the circumstances ‘‘(i) provide for an expedited review of the agency’s disclosure requirements; described under paragraphs (1) through (3) of application; ‘‘(6) to the extent it does not compromise subsection (a), the Administrator shall use a ‘‘(ii) require a decision by the Adminis- law enforcement or national security a Fed- risk-based approach and consider, at a min- trator on approval or disapproval not later eral agency shall— imum, the physical and functional charac- than 60 business days after the date of sub- ‘‘(A) provide notice to the public regarding teristics of the unmanned aircraft system. mission of the application; where in the national airspace system the ‘‘(2) LIMITATION.—The Administrator may ‘‘(iii) allow for an expedited appeal if the Federal agency is authorized to operate the only issue regulations under this section for application is disapproved; and unmanned aircraft system; unmanned aircraft systems that the Admin- ‘‘(iv) if applicable, include verification of ‘‘(B) keep the public informed about the istrator determines may be operated safely the data minimization policy required under Federal agency’s unmanned aircraft system in the national airspace system. subsection (d); program, including any changes to that pro- ‘‘(d) RULES OF CONSTRUCTION.—Nothing in ‘‘(B) allow for a one-time approval of simi- gram that would significantly affect privacy, this section may be construed— lar operations carried out during a fixed pe- civil rights, or civil liberties; ‘‘(1) to prohibit a person from operating an riod of time; and ‘‘(C) make available to the public, on an unmanned aircraft system under a cir- ‘‘(C) allow a government public safety annual basis, a general summary of the Fed- cumstance described under paragraphs (1) agency to operate an unmanned aircraft eral agency’s unmanned aircraft system op- through (3) of subsection (a) if— weighing 25 pounds or less if that unmanned erations during the previous fiscal year, in- ‘‘(A) the circumstance is allowed by regu- aircraft is operated— cluding— lations issued under this section; and ‘‘(i) within or beyond the line of sight of ‘‘(i) a brief description of types or cat- ‘‘(B) the person operates the unmanned air- the operator; egories of missions flown; and craft system in a manner prescribed by the ‘‘(ii) less than 400 feet above the ground; ‘‘(ii) the number of times the Federal agen- regulations; and ‘‘(iii) during daylight conditions; cy provided assistance to other agencies or ‘‘(2) to limit or affect in any way the Ad- ‘‘(iv) within Class G airspace; and to State, local, tribal, or territorial govern- ministrator’s authority to conduct a rule- ‘‘(v) outside of 5 statute miles from any ments; and making, make a determination, or carry out airport, heliport, seaplane base, spaceport, or ‘‘(D) make available on a public and any activity related to unmanned aircraft or other location with aviation activities. searchable Internet website the data mini- unmanned aircraft systems under any other ‘‘(d) DATA MINIMIZATION FOR CERTAIN PUB- mization policy of the Federal agency; provision of law.’’. LIC UNMANNED AIRCRAFT SYSTEM OPERA- ‘‘(7) ensures oversight of the Federal agen- (c) TABLE OF CONTENTS.—The table of con- TORS.—Not later than 180 days after the date cy’s unmanned aircraft system use, includ- tents for chapter 448, as amended by section of enactment of the Federal Aviation Admin- ing— 2126 of this Act, is further amended by in- istration Reauthorization Act of 2016 each ‘‘(A) the use of audits or assessments that serting after the item relating to section Federal agency authorized by the Secretary comply with existing Federal agency policies 44805 the following: to operate an unmanned aircraft system and regulations; ‘‘44806. Additional rulemaking authority.’’. shall develop and update a data minimiza- ‘‘(B) the verification of the existence of SEC. 2128. GOVERNMENTAL UNMANNED AIR- tion policy that requires, at a minimum, rules of conduct and training for Federal CRAFT SYSTEMS. that— Government personnel and contractors who (a) IN GENERAL.—Chapter 448, as amended ‘‘(1) prior to the deployment of any new work on programs, and procedures for re- by section 2127 of this Act, is further amend- unmanned aircraft system technology, and porting suspected cases of misuse or abuse of ed by inserting after section 44806 the fol- at least every 3 years, existing policies and unmanned aircraft system technologies; lowing: procedures relating to the collection, use, re- ‘‘(C) the establishment of policies and pro- ‘‘§ 44807. Public unmanned aircraft systems tention, and dissemination of information cedures, or confirmation that policies and ‘‘(a) GUIDANCE.—The Secretary of Trans- obtained by an unmanned aircraft system procedures are in place, that provide mean- portation shall issue guidance regarding the must be examined to ensure that privacy, ingful oversight of individuals who have ac- operation of a public unmanned aircraft sys- civil rights, and civil liberties are protected; cess to sensitive information, including per- tem— ‘‘(2) if the unmanned aircraft system is the sonal information, collected using an un- ‘‘(1) to streamline the process for the platform for information collection, infor- manned aircraft system; issuance of a certificate of authorization or a mation must be collected, used, retained, ‘‘(D) ensuring that any data-sharing agree- certificate of waiver; and disseminated consistent with the Con- ments or policies, data use policies, and ‘‘(2) to provide for a collaborative process stitution, Federal law, and other applicable record management policies applicable to an with public agencies to allow for an incre- regulations and policies, such as the Privacy unmanned aircraft system conform to appli- mental expansion of access to the national Act of 1974 (5 U.S.C. 552a); cable laws, regulations, and policies; airspace system as technology matures and ‘‘(3) the Federal agency or person oper- ‘‘(E) the establishment of policies and pro- the necessary safety analyses and data be- ating on its behalf, only collect information cedures, or confirmation that policies and come available, and until standards are com- using the unmanned aircraft system, or use procedures are in place, to authorize the use pleted and technology issues are resolved; unmanned aircraft system-collected infor- of an unmanned aircraft system in response ‘‘(3) to facilitate the capability of public mation, to the extent that the collection or to a request for unmanned aircraft system agencies to develop and use test ranges, sub- use is consistent with and relevant to an au- assistance in support of Federal, State, local, ject to operating restrictions required by the thorized purpose as determined by the head tribal, or territorial government operations; Federal Aviation Administration, to test and of a Federal agency and consistent with the and operate public unmanned aircraft systems; law; ‘‘(F) a requirement that State, local, trib- and ‘‘(4) any information collected, using an al, and territorial government recipients of ‘‘(4) to provide guidance on a public agen- unmanned aircraft or an unmanned aircraft Federal grant funding for the purchase or cy’s responsibilities when operating an un- system, that may contain personal informa- use of unmanned aircraft systems for their manned aircraft without a civil airworthi- tion will not be retained by any Federal own operations have in place policies and ness certificate issued by the Administra- agency for more than 180 days after the date procedures to safeguard individuals’ privacy, tion. of collection unless— civil rights, and civil liberties prior to ex- ‘‘(b) STANDARDS FOR OPERATION AND CER- ‘‘(A) the head of the Federal agency deter- pending such funds; and TIFICATION.—The Administrator of the Fed- mines that retention of the information is ‘‘(8) ensures the protection of civil rights eral Aviation Administration shall develop directly relevant and necessary to accom- and civil liberties, including— and implement operational and certification plish the specific purpose for which the Fed- ‘‘(A) ensuring that policies are in place to requirements for the operation of a public eral agency used the unmanned aircraft sys- prohibit the collection, use, retention, or dis- unmanned aircraft system in the national tem; semination of data in any manner that airspace system. ‘‘(B) that Federal agency maintains the in- would violate the First Amendment or in ‘‘(c) AGREEMENTS WITH GOVERNMENT AGEN- formation in a system of records under sec- any manner that would discriminate against CIES.— tion 552a of title 5; or persons based upon their ethnicity, race, ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(C) the information is required to be re- gender, national origin, religion, sexual ori- enter into an agreement with each appro- tained for a longer period under other appli- entation, or gender identity, in violation of priate public agency to simplify the process cable law, including regulations; law; for issuing a certificate of waiver or a cer- ‘‘(5) any information collected, using an ‘‘(B) ensuring that unmanned aircraft sys- tificate of authorization with respect to an unmanned aircraft or unmanned aircraft sys- tem activities are performed in a manner application for authorization to operate a tem, that is not maintained in a system of consistent with the Constitution and appli- public unmanned aircraft system in the na- records under section 552a of title 5, will not cable laws, Executive Orders, and other Pres- tional airspace system. be disseminated outside of that Federal idential directives; and ‘‘(2) CONTENTS.—An agreement under para- agency unless— ‘‘(C) ensuring that adequate procedures are graph (1) shall— ‘‘(A) dissemination is required by law; or in place to receive, investigate, and address,

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as appropriate, privacy, civil rights, and stakeholders, including nationwide commu- ‘‘(b) EXCEPTION.—This section shall not civil liberties complaints. nity-based organizations, shall initiate a apply to the operation of an unmanned air- ‘‘(e) LAW ENFORCEMENT AND NATIONAL SE- process to update the operational parameters craft system that has been authorized by the CURITY.—Each Federal agency shall effec- under subsection (a), as appropriate. Federal Aviation Administration under sec- tuate a requirement under subsection (d) ‘‘(2) CONSIDERATIONS.—In updating an oper- tion 44802, 44805, 44806, or 44807. The Adminis- only to the extent it does not compromise ational parameter under paragraph (1), the trator may waive the requirements of this law enforcement or national security. Administrator shall consider— section for operators of aircraft weighing ‘‘(f) DEFINITION OF FEDERAL AGENCY.—In ‘‘(A) appropriate operational limitations to less than 0.55 pounds or for operators under subsections (d) and (e), the term ‘Federal mitigate aviation safety risk and risk to the the age of 13 operating the unmanned air- agency’ has the meaning given the term uninvolved public; craft system under the supervision of an ‘agency’ in section 552(f) of title 5, United ‘‘(B) operations outside the membership, adult as determined by the Administrator. States Code.’’. guidelines, and programming of a nationwide ‘‘(c) AERONAUTICAL KNOWLEDGE AND SAFE- (b) TECHNICAL AND CONFORMING AMEND- community-based organization; TY TEST.—Not later than 180 days after the MENTS.— ‘‘(C) physical characteristics, technical date of enactment of the Federal Aviation (1) TABLE OF CONTENTS.—The table of con- standards, and classes of aircraft operating Administration Reauthorization Act of 2016, tents for chapter 448, as amended by section under this section; the Administrator of the Federal Aviation 2127 of this Act, is further amended by in- ‘‘(D) trends in use, enforcement, or inci- Administration, in consultation with manu- serting after the item relating to section dents involving unmanned aircraft systems; facturers of unmanned aircraft systems, 44806 the following: and other industry stakeholders, and commu- ‘‘44807. Public unmanned aircraft systems.’’. ‘‘(E) ensuring, to the greatest extent prac- nity-based aviation organizations, shall de- (2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.— ticable, that updates to the operational pa- velop an aeronautical knowledge and safety Section 334 of the FAA Modernization and rameters correspond to, and leverage, ad- test that can be administered electronically. ‘‘(d) REQUIREMENTS.—The Administrator reform Act of 2012 (49 U.S.C. 40101 note) and vances in technology. shall ensure that the aeronautical knowledge the item relating to that section in the table ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub- and safety test is designed to adequately of contents under section 1(b) of that Act section shall be construed as expanding the demonstrate an operator’s— (126 Stat. 13) are repealed. authority of the Administrator to require operators of model aircraft under the exemp- ‘‘(1) understanding of aeronautical safety SEC. 2129. SPECIAL RULES FOR MODEL AIR- knowledge, as applicable; and CRAFT. tion of this subsection to be required to seek ‘‘(2) knowledge of Federal Aviation Admin- (a) IN GENERAL.—Chapter 448, as amended permissive authority of the Administrator by section 2128 of this Act, is further amend- prior to operation in the national airspace istration regulations and requirements per- ed by inserting after section 44807 the fol- system. taining to the operation of an unmanned air- lowing: ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in craft system in the national airspace system. ‘‘(e) RECORD OF COMPLIANCE.— ‘‘§ 44808. Special rules for model aircraft this section shall be construed to limit the authority of the Administrator to pursue en- ‘‘(1) IN GENERAL.—Each operator of an un- ‘‘(a) IN GENERAL.—Notwithstanding any forcement action against persons operating manned aircraft system described under sub- other provision of law relating to the incor- section (a) shall maintain and make avail- poration of unmanned aircraft systems into model aircraft. ‘‘(d) MODEL AIRCRAFT DEFINED.—In this able for inspection, upon request by the Ad- Federal Aviation Administration plans and section, the term ‘model aircraft’ means an ministrator or a Federal, State, or local law policies, including this chapter, the Adminis- unmanned aircraft that— enforcement officer, a record of compliance trator of the Federal Aviation Administra- ‘‘(1) is capable of sustained flight in the at- with this section through— tion may not promulgate any new rule or mosphere; and ‘‘(A) an identification number, issued by regulation regarding an unmanned aircraft the Federal Aviation Administration certi- operating as a model aircraft, or an un- ‘‘(2) is limited to weighing not more than fying passage of the aeronautical knowledge manned aircraft being developed as a model 55 pounds, including the weight of anything and safety test; aircraft, if— attached to or carried by the aircraft, unless ‘‘(B) if the individual has authority to op- ‘‘(1) the aircraft is flown strictly for hobby otherwise approved through a design, con- or recreational use; struction, inspection, flight test, and oper- erate an unmanned aircraft system under ‘‘(2) the aircraft is operated in accordance ational safety program administered by a other Federal law, the requisite proof of au- with a community-based set of safety guide- community-based organization.’’. thority under that law; or (b) TECHNICAL AND CONFORMING AMEND- lines and within the programming of a na- ‘‘(C) an airmen certificate issued under MENTS.— tionwide community-based organization; section 44703. (1) TABLE OF CONTENTS.—The table of con- ‘‘(3) not flown beyond visual line of sight of ‘‘(2) COORDINATION.—The Administrator tents for chapter 448, as amended by section persons co-located with the operator or in di- may coordinate the identification number 2128 of this Act, is further amended by in- rect communication with the operator; under paragraph (1)(A) with an operator’s serting after the item relating to section ‘‘(4) the aircraft is operated in a manner registration number to the extent prac- 44807 the following: that does not interfere with and gives way to ticable. any manned aircraft; ‘‘44808. Special rules for model aircraft.’’. ‘‘(3) LIMITATION.—No fine or penalty may ‘‘(5) when flown within 5 miles of an air- (2) SPECIAL RULE FOR MODEL AIRCRAFT.— be imposed for the initial failure of an oper- port, the operator of the aircraft provides Section 336 of the FAA Modernization and ator of an unmanned aircraft system to com- the airport operator, where applicable, and Reform Act of 2012 (49 U.S.C. 40101 note) and ply with paragraph (1) unless the Adminis- the airport air traffic control tower (when an the item relating to that section in the table trator finds that the conduct of the operator air traffic facility is located at the airport) of contents under section 1(b) of that Act actually posed a risk to the national air- with prior notice of the operation (model air- (126 Stat. 13) are repealed. space system.’’. craft operators flying from a permanent lo- SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERO- (b) TABLE OF CONTENTS.—The table of con- cation within 5 miles of an airport should es- NAUTICAL KNOWLEDGE AND SAFE- tents for chapter 448, as amended by section tablish a mutually agreed upon operating TY. 2129 of this Act, is further amended by in- procedure with the airport operator and the (a) IN GENERAL.—Chapter 448, as amended serting after the item relating to section airport air traffic control tower (when an air by section 2129 of this Act, is further amend- 44808 the following: traffic facility is located at the airport)), un- ed by inserting after section 44808 the fol- ‘‘44809. Aeronautical knowledge and safety less the Administrator determines approval lowing: test.’’. should be required; ‘‘§ 44809. Aeronautical knowledge and safety SEC. 2131. SAFETY STATEMENTS. ‘‘(6) the aircraft is flown from the surface test (a) IN GENERAL.—Chapter 448, as amended to not more than 400 feet in altitude, except ‘‘(a) IN GENERAL.—An individual may not by section 2130 of this Act, is further amend- under special conditions and programs estab- operate an unmanned aircraft system un- ed by inserting after section 44809 the fol- lished by a community-based organization; less— lowing: and ‘‘(1) the individual has successfully com- ‘‘§ 44810. Safety statements ‘‘(7) the operator has passed an aero- pleted an aeronautical knowledge and safety ‘‘(a) PROHIBITION.—Beginning on the date nautical knowledge and safety test adminis- test under subsection (c); that is 1 year after the date of publication of tered by the Federal Aviation Administra- ‘‘(2) the individual has authority to oper- the guidance under subsection (b)(1), it shall tion online for the operation of unmanned ate an unmanned aircraft under other Fed- be unlawful for any person to introduce or aircraft systems subject to the requirements eral law; deliver for initial retail sale or introduction of section 44809 or developed and adminis- ‘‘(3) the individual is a holder of an airmen into interstate commerce any unmanned air- tered by the community-based organization certificate issued under section 44703; or craft manufactured unless a safety state- and maintains proof of test passage to be ‘‘(4) the individual is operating a model ment is attached to the unmanned aircraft made available to the Administrator or law aircraft under section 44808 and has success- or accompanying the unmanned aircraft in enforcement upon request. fully completed an aeronautical knowledge its packaging. ‘‘(b) UPDATES.— and safety test in accordance with the com- ‘‘(b) SAFETY STATEMENT.— ‘‘(1) IN GENERAL.—The Administrator, in munity-based organizations safety program ‘‘(1) IN GENERAL.—Not later than 1 year collaboration with government and industry described in that section. after the date of enactment of the Federal

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Aviation Administration shall issue guid- ter 448 of title 49, United States Code, for en- ‘‘(c) RECEIPTS CREDITED TO ACCOUNT.—Not- ance for implementing this section. forcement action. withstanding section 3302 of title 31, all fees ‘‘(2) REQUIREMENTS.—A safety statement (d) AUTHORIZATION OF APPROPRIATIONS.—To and amounts collected under this section described in subsection (a) shall include— carry out this section, there is authorized to shall be credited to the separate account es- ‘‘(A) information about laws and regula- be appropriated $5,000,000 for each of the fis- tablished under section 45303(c). Section tions applicable to unmanned aircraft sys- cal years 2016 through 2017. 41742 shall not apply to fees and amounts col- lected under this section. tems; SEC. 2134. AVIATION EMERGENCY SAFETY PUB- ‘‘(B) recommendations for using unmanned LIC SERVICES DISRUPTION. ‘‘(d) REGULATIONS.—Not later than 1 year after the date of enactment of the Federal aircraft in a manner that promotes the safe- (a) IN GENERAL.—Chapter 463 is amended— Aviation Administration Reauthorization ty of persons and property; (1) in section 46301(d)(2), by inserting ‘‘sec- Act of 2016, the Administrator shall issue ‘‘(C) the date that the safety statement tion 46320,’’ after ‘‘section 46319,’’; and regulations to carry out this section.’’. was created or last modified; and (2) by adding at the end the following: (b) TABLE OF CONTENTS.—The table of con- ‘‘(D) language approved by the Adminis- ‘‘§ 46320. Interference with firefighting, law tents for chapter 448, as amended by section trator regarding the following: enforcement, or emergency response activi- 2131 of this Act, is further amended by in- ‘‘(i) A person may operate the unmanned ties serting after the item relating to section aircraft as a model aircraft (as defined in ‘‘(a) PROHIBITION.—No person may operate 44810 the following: section 44808) or otherwise in accordance an aircraft so as to interfere with fire- ‘‘44811. Regulatory and administrative fees.’’. with Federal Aviation Administration au- fighting, law enforcement, or emergency re- thorization or regulation, including require- SEC. 2137. SENSE OF CONGRESS REGARDING sponse activities. SMALL UAS RULEMAKING. ments for the completion of the aeronautical ‘‘(b) DEFINITION.—For purposes of this sec- It is the sense of the Congress that the Ad- knowledge and safety test under section tion, an aircraft interferes with the activi- ministrator of the Federal Aviation Admin- 44809. ties specified in subsection (a) when its oper- istration and Secretary of Transportation ‘‘(ii) The definition of a model aircraft ation prevents the initiation of, interrupts, should take every necessary action to expe- under section 44808. or endangers a person or property engaged in dite final action on the notice of proposed ‘‘(iii) The requirements regarding a model those activities. rulemaking dated February 23, 2015 (80 Fed. aircraft under paragraphs (1) through (7) of ‘‘(c) CIVIL PENALTY.—A person violating Reg. 9544), entitled ‘‘Operation and Certifi- section 44808(a). subsection (a) shall be liable for a civil pen- cation of Small Unmanned Aircraft Sys- ‘‘(iv) The Administrator of the Federal alty of not more than $20,000. tems’’. Aviation Administration may pursue en- ‘‘(d) COMPROMISE AND SETOFF.—The United SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAF- forcement action against a person operating States Government may deduct the amount FIC MANAGEMENT. model aircraft who endangers the safety of of a civil penalty imposed or compromised (a) RESEARCH PLAN FOR UTM DEVELOP- the national airspace system. under this section from the amounts the MENT.— ‘‘(c) CIVIL PENALTY.—A person who violates Government owes the person liable for the (1) IN GENERAL.—The Administrator of the subsection (a) shall be liable for each viola- Federal Aviation Administration, in coordi- tion to the United States Government for a penalty.’’. (b) TABLE OF CONTENTS.—The table of con- nation with the Administrator of the Na- civil penalty described in section 46301(a).’’. tents for chapter 463 is amended by inserting tional Aeronautics and Space Administra- (b) TABLE OF CONTENTS.—The table of con- tion, shall develop a research plan for un- tents for chapter 448, as amended by section after the item relating to section 46319 the following: manned aircraft systems traffic management 2130 of this Act, is further amended by in- (referred to in this section as ‘‘UTM’’) devel- ‘‘46320. Interference with firefighting, law en- serting after the item relating to section opment. forcement, or emergency re- 44809 the following: (2) REQUIREMENTS.—In developing the re- sponse activities.’’. ‘‘44810. Safety statements.’’. search plan under paragraph (1), the Admin- SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY istrator shall— OPERATING UNDERGROUND. AND AIRSPACE HAZARD MITIGA- TION. (A) identify research goals related to: An unmanned aircraft system that is oper- (i) operational parameters related to alti- (a) IN GENERAL.—The Administrator of the ated underground for mining purposes shall tude, geographic coverage, classes of air- Federal Aviation Administration shall carry not be subject to regulation or enforcement space, and critical infrastructure; out a pilot program for airspace hazard miti- by the Federal Aviation Administration (ii) avionics capability requirements or gation at airports and other critical infra- under chapter 448 of title 49, United States standards; structure. Code. (iii) operator identification and authen- (b) CONSULTATION.—In carrying out the tication requirements and capabilities; SEC. 2133. ENFORCEMENT. pilot program under subsection (a), the Ad- (iv) communication protocols with air traf- (a) UAS SAFETY ENFORCEMENT.—The Ad- ministrator shall work with the Secretary of fic control facilities that will not interfere ministrator of the Federal Aviation Admin- Defense, Secretary of Homeland Security, with existing responsibility to deconflict istration shall establish a program to utilize and the heads of relevant Federal agencies manned aircraft in the national airspace sys- available remote detection and identifica- for the purpose of ensuring technologies that tem; tion technologies for safety oversight, in- are developed, tested, or deployed by those (v) collision avoidance requirements; cluding enforcement actions against opera- departments and agencies to mitigate (vi) separation standards for manned and tors of unmanned aircraft systems that are threats posed by errant or hostile unmanned unmanned aircraft; and not in compliance with applicable Federal aircraft system operations do not adversely (vii) spectrum needs; aviation laws, including regulations. impact or interfere with safe airport oper- (B) evaluate options for the administration (b) CIVIL PENALTIES.— ations, navigation, and air traffic services. (1) IN GENERAL.—Section 46301 is amended— and management structure for the traffic (c) AUTHORIZATION OF APPROPRIATIONS.— (A) in subsection (a)(1)(A), by inserting There is authorized to be appropriated from management of low altitude operations of ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec- the Airport and Airway Trust Fund to carry small unmanned aircraft systems; and tions 44717 and 44719–44723),’’; out this section $6,000,000, to remain avail- (C) ensure the plan is consistent with the (B) in subsection (a)(5), by inserting ‘‘chap- able until expended. broader Federal Aviation Administration ter 448,’’ after ‘‘chapter 447 (except sections regulatory and operational framework en- 44717–44723),’’; SEC. 2136. CONTRIBUTION TO FINANCING OF compassing all unmanned aircraft systems REGULATORY FUNCTIONS. (C) in subsection (d)(2), by inserting ‘‘chap- operations expected to be authorized in the (a) IN GENERAL.—Chapter 448, as amended ter 448,’’ after ‘‘chapter 447 (except sections national airspace system. by section 2131 of this Act, is further amend- 44717 and 44719–44723),’’; and (3) ASSESSMENT.—The research plan under ed by inserting after section 44810 the fol- (D) in subsection (f), by inserting ‘‘chapter paragraph (1) shall include an assessment lowing: 448,’’ after ‘‘chapter 447 (except 44717 and of— 44719–44723),’’. ‘‘§ 44811. Regulatory and administrative fees (A) the ability to allow near-term small (2) RULE OF CONSTRUCTION.—Nothing in this ‘‘(a) IN GENERAL.—Subject to subsection unmanned aircraft system operations with- subsection shall be construed to limit the (b), the Administrator may assess and col- out need of an automated UTM system; authority of the Administrator to pursue an lect regulatory and administrative fees to re- (B) the full range of operational capability enforcement action for a violation of this cover the costs of regulatory and administra- any automated UTM system should possess; Act, a regulation prescribed or order or au- tive activities under this chapter related to (C) the operational characteristics and thority issued under this Act, or any other authorization to operate unmanned aircraft metrics that would drive incremental adop- applicable provision of aviation safety law or systems for compensation or hire, or in the tion of automated capability and procedures regulation. furtherance of a business enterprise. consistent with a rising aggregate commu- (c) REPORTING.—As part of the program, ‘‘(b) LIMITATIONS.—Fees authorized under nity demand for service for low altitude op- the Administrator shall establish and pub- subsection (a) shall be reasonable, cost-based erations of small unmanned aircraft sys- licize a mechanism for the public and Fed- relative to the regulatory or administrative tems; and

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EXCEPTIONS. planning and traffic management systems. deconflict manned and unmanned aircraft This title does not prohibit any of the fol- (4) DEADLINES.—The Administrator shall— systems; lowing: (A) initiate development of the research (2) designate UTM system airspace; and (1) PATROL OF BORDERS.—The use of a plan not later than 90 days after the date of (3) select service providers to support the MAVD by a Federal entity to surveil na- enactment of this Act; and UTM system, if deemed appropriate. tional borders to prevent or deter illegal (B) not later than 180 days after the date of entry of any persons or illegal substances at enactment of this Act— SA 3657. Mr. WYDEN submitted an the borders. (i) complete the research plan; amendment intended to be proposed to (2) EXIGENT CIRCUMSTANCES.— (ii) submit the research plan to the appro- amendment SA 3464 submitted by Mr. (A) IN GENERAL.—The use of a MAVD by a priate committees of Congress; and THUNE (for himself and Mr. NELSON) to Federal entity when exigent circumstances (iii) publish the research plan on the Fed- exist. For the purposes of this paragraph, ex- eral Aviation Administration’s Web site. the bill H.R. 636, to amend the Internal Revenue Code of 1986 to permanently igent circumstances exist when the Federal (b) PILOT PROGRAM.—Not later than 120 entity possesses reasonable suspicion that days after the date the research plan under extend increased expensing limita- under particular circumstances, swift action subsection (a) is submitted under paragraph tions, and for other purposes; which is necessary— (4)(B) of that subsection, the Administrator was ordered to lie on the table; as fol- (i) to prevent imminent danger of death or of the Federal Aviation Administration lows: serious bodily harm to a specific individual; shall— (ii) to counter an imminent risk of a ter- (1) coordinate with the Administrator of At the appropriate place, insert the fol- rorist attack by a specific individual or orga- the National Aeronautics and Space Admin- lowing: nization; istration and the small unmanned aircraft TITLE ll—PROTECTING INDIVIDUALS (iii) to prevent imminent destruction of systems industry to develop operational con- FROM MASS AERIAL SURVEILLANCE evidence; or cepts and top-level system requirements for ACT OF 2016 (iv) to counter an imminent or actual es- a UTM system pilot program, consistent SEC. l01. SHORT TITLE. cape of a criminal or terrorist suspect. with subsection (a); This title may be cited as the ‘‘Protecting (B) REQUIREMENT FOR RECORD OF FACTS.—A (2) designate areas encompassing airspace Individuals From Mass Aerial Surveillance Federal entity using a MAVD pursuant to over rural, suburban, and urban areas for op- Act of 2016’’. subparagraph (A)(i) must maintain a retriev- eration of the pilot program, as determined SEC. l02. DEFINITIONS. able record of the facts giving rise to the rea- necessary; In this title: sonable suspicion that an exigent cir- (3) issue a solicitation for operational pro- (1) FEDERAL ENTITY.—The term ‘‘Federal cumstance existed. totype systems that meet the necessary ob- entity’’ means any person or entity acting (3) PUBLIC SAFETY AND RESEARCH.—The use jectives for use in a pilot program to dem- under the authority of, or funded in whole or of a MAVD by a Federal entity— onstrate, validate, or modify, as appropriate, in part by, the Government of the United (A) to discover, locate, observe, gather evi- the requirements developed under paragraph States, including a Federal law enforcement dence in connection to, or prevent forest (1); party, but excluding State, tribal, or local fires; (4) give due consideration to the use of the government agencies or departments. (B) to monitor environmental, geologic, or facilities at the National Aeronautics and (2) LAW ENFORCEMENT PARTY.—The term weather-related catastrophe or damage from Space Administration, the test sites under ‘‘law enforcement party’’ means a person or such an event; section 44802 of title 49, United States Code, entity authorized by law, or funded by the (C) to research or survey for wildlife man- as added by section 2122, the Center of Excel- Government of the United States, to inves- agement, habitat preservation, or geologic, lence for Unmanned Aircraft Systems, and tigate or prosecute offenses against the atmospheric, or environmental damage or the Pathfinder Cooperative Research and De- United States. conditions; velopment Agreements, in designating areas (3) MOBILE AERIAL-VIEW DEVICE; MAVD.—The (D) to survey for the assessment and eval- under paragraph (2) and in selecting service terms ‘‘mobile aerial-view device’’ and uation of environmental, geologic or weath- providers pursuant to the solicitation in ‘‘MAVD’’ mean any device that through er-related damage, erosion, flood, or con- paragraph (3); and flight or aerial lift obtains a dynamic, aerial tamination; and (5) complete the pilot program not later view of property, persons or their effects, in- (E) to survey public lands for illegal vege- than two years after the date the solicita- cluding an unmanned aircraft (as defined in tation. tion under paragraph (3) has been issued. section 331 of the FAA Modernization and (c) COMPREHENSIVE PLAN.— (4) CONSENT.—The use of a MAVD by a Fed- Reform Act of 2012 (49 U.S.C. 40101 note)). (1) IN GENERAL.—Not later than 270 days eral entity for the purpose of acquiring infor- after the date the pilot program under sub- (4) NATIONAL BORDERS.—The term ‘‘na- mation about an individual, or about an indi- section (b) is complete, the Administrator of tional borders’’ refers to any region no more vidual’s property or effects, if such indi- the Federal Aviation Administration, in co- than 25 miles of an external land boundary of vidual has given written consent to the use ordination with the Administrator of the Na- the United States. of a MAVD for such purposes. tional Aeronautics and Space Administra- (5) NON-FEDERAL ENTITY.—The term ‘‘non- (5) WARRANT.—A law enforcement party tion, and in consultation with the head of Federal entity’’ means any person or entity using a MAVD, pursuant to, and in accord- each relevant Federal agency, shall develop that is not a Federal entity. ance with, a Rule 41 warrant, to surveil spe- a comprehensive plan for the deployment of (6) PUBLIC LANDS.—The term ‘‘public cific property, persons or their effects. UTM systems in the national airspace. lands’’ means lands owned by the Govern- SEC. l05. PROHIBITION ON IDENTIFYING INDI- ment of the United States. VIDUALS. (2) SYSTEM REQUIREMENTS.—The com- prehensive plan under paragraph (1) shall in- (7) SENSING DEVICE.—The term ‘‘sensing de- (a) IN GENERAL.—No Federal entity may clude requirements or standards consistent vice’’— make any intentional effort to identify an with established or planned rulemaking for, (A) means a device capable of remotely ac- individual from, or associate an individual at a minimum— quiring personal information from its sur- with, the information collected by oper- (A) the flight of small unmanned aircraft roundings using any frequency of the elec- ations authorized by paragraphs (1) through systems in controlled and uncontrolled air- tromagnetic spectrum, or a sound detecting (3) of subsection (a) of section l04, nor shall space; system, or a system that detects chemicals the collected information be disclosed to any (B) communications, as applicable— in the atmosphere; and entity except another Federal entity or (i) among small unmanned aircraft sys- (B) does not include equipment whose sole State, tribal, or local government agency or tems; function is to provide information directly department, or political subdivision thereof, (ii) between small unmanned aircraft sys- necessary for safe air navigation or oper- that agrees to be bound by the restrictions tems and manned aircraft operating in the ation of a MAVD. in this title. same airspace; and (8) SURVEIL.—The term ‘‘surveil’’ means to (b) LIMITATION ON PROHIBITION.—The re- (iii) between small unmanned aircraft sys- photograph, record, or observe using a sens- strictions described in subsection (a) shall tems and air traffic control as considered ing device, regardless of whether the photo- not apply if there is probable cause that the necessary; and graphs, observations, or recordings are information collected is evidence of specific (C) air traffic management for small un- stored, and excludes using a sensing device criminal activity. manned aircraft systems operations. for the purposes of testing or training oper- SEC. l06. PROHIBITION ON USE OF EVIDENCE. (d) SYSTEM IMPLEMENTATION.—Based on the ations of MAVDs. No evidence obtained or collected in viola- comprehensive plan under subsection (c), in- SEC. l03. PROHIBITED USE OF MAVDS. tion of this title may be received as evidence cluding the requirements under paragraph (2) A Federal entity shall not use a MAVD to against an individual in any trial, hearing, of that subsection, and the pilot program surveil property, persons or their effects, or or other proceeding in or before any court, under subsection (b), the Administrator gather evidence or other information per- grand jury, department, officer, agency, reg- shall— taining to known or suspected criminal con- ulatory body, legislative committee, or

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.021 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1928 CONGRESSIONAL RECORD — SENATE April 12, 2016 other authority of the United States, a section, a Move America bond shall be treat- ‘‘(ii) the aggregate amount of Move Amer- State, or a political subdivision thereof. ed for purposes of this part as an exempt fa- ica bonds issued during such calendar year SEC. l07. PROHIBITION ON SOLICITATION AND cility bond. by such authority, PURCHASE. ‘‘(2) EXCEPTIONS.— any Move America bond issued by such au- (a) PROHIBITION ON SOLICITATION TO SUR- ‘‘(A) NO GOVERNMENT OWNERSHIP REQUIRE- thority during the 3-calendar-year period fol- VEIL.—A Federal entity shall not solicit to MENT.—Paragraph (1) of section 142(b) shall lowing such calendar year shall not be taken or award contracts to any entity for such en- not apply to any Move America bond. into account under paragraph (1) to the ex- tity to surveil by MAVD for the Federal en- ‘‘(B) SPECIAL RULES FOR HIGH-SPEED RAIL tent the amount of such bonds does not ex- tity, unless the Federal entity has existing BONDS.—Paragraphs (2) and (3) of section ceed the amount of such excess. Any excesses authority to surveil the particular property, 142(i) shall not apply to any Move America arising under this paragraph shall be used persons or their effects, of interest. bond described in subsection (b)(4). under this paragraph in the order of calendar (b) PROHIBITION ON PURCHASE OF SURVEIL- ‘‘(C) SPECIAL RULES FOR HIGHWAY AND SUR- years in which the excesses arose. LANCE INFORMATION.—A Federal entity shall FACE TRANSPORTATION FACILITIES.—Para- ‘‘(B) REALLOCATION OF UNUSED not purchase any information obtained from graphs (2), (3), and (4) of section 142(m) shall CARRYFORWARDS.— MAVD surveillance by a non-Federal entity not apply to any Move America bond de- ‘‘(i) IN GENERAL.—The Move America vol- if such information contains personal infor- scribed in subsection (b)(5). ume cap under paragraph (2)(A) for any State mation, except pursuant to the express con- ‘‘(b) MOVE AMERICA BOND.—For purposes of for any calendar year shall be increased by sent of all persons whose personal informa- this part, the term ‘Move America bond’ any amount allocated to such State by the tion is to be sold. means any bond issued as part of an issue 95 Secretary under clause (ii). SEC. l08. RULE OF CONSTRUCTION. percent or more of the net proceeds of which ‘‘(ii) REALLOCATION.—The Secretary shall Nothing in this title shall be construed to are used to provide— allocate to each qualified State for any cal- preempt any State law regarding the use of ‘‘(1) airports, endar year an amount which bears the same MAVDs exclusively within the borders of ‘‘(2) docks and wharves, including— ratio to the aggregate unused carryforward that State. ‘‘(A) waterborne mooring infrastructure, amounts of all issuing authorities in all ‘‘(B) dredging in connection with a dock or States for such calendar year as the qualified SA 3658. Mr. MURPHY submitted an wharf, and State’s population for the calendar year amendment intended to be proposed by ‘‘(C) any associated rail and road infra- bears to the population of all qualified him to the bill H.R. 636, to amend the structure for the purpose of integrating States for the calendar year. For purposes of Internal Revenue Code of 1986 to per- modes of transportation, the preceding sentence, population shall be manently extend increased expensing ‘‘(3) mass commuting facilities, determined in accordance with section 146(j). limitations, and for other purposes; ‘‘(4) railroads (as defined in section 20102 of ‘‘(iii) QUALIFIED STATE.—For purposes of which was ordered to lie on the table; title 49, United States Code) and any associ- this subparagraph, the term ‘qualified State’ ated rail and road infrastructure for the pur- as follows: means, with respect to a calendar year, any pose of integrating modes of transportation, State— At the appropriate place, insert the fol- ‘‘(5) any— ‘‘(I) which allocated its entire Move Amer- lowing: ‘‘(A) surface transportation project which ica volume cap for the preceding calendar SEC. ll. PERIODIC AUDITS BY INSPECTOR GEN- is eligible for Federal assistance under title year, and ERAL OF THE DEPARTMENT OF 23, United States Code (as in effect on the ‘‘(II) for which a request is made (not later TRANSPORTATION OF BUY AMER- date of the enactment of this section), than May 1 of the calendar year) to receive ICAN ACT CONTRACTING COMPLI- ‘‘(B) project for an international bridge or ANCE. an allocation under clause (ii). tunnel for which an international entity au- (a) REQUIREMENT FOR PERIODIC AUDITS OF ‘‘(iv) UNUSED CARRYFORWARD AMOUNT.—For thorized under Federal or State law is re- CONTRACTING COMPLIANCE.—The Inspector purposes of this paragraph, the term ‘unused General of the Department of Transportation sponsible and which is eligible Federal as- carryforward amount’ means, with respect to shall conduct periodic audits of Federal sistance under title 23, United States Code any issuing authority for any calendar year, Aviation Administration contracting prac- (as so in effect), or the excess of— tices and policies related to procurement re- ‘‘(C) facility for the transfer of freight ‘‘(I) the amount of the excess described in quirements under chapter 83 of title 41, from truck to rail or rail to truck (including subparagraph (A) for the fourth preceding United States Code. any temporary storage facilities directly re- calendar year, over (b) REQUIREMENT FOR ADDITIONAL INFORMA- lated to such transfers) which is eligible for ‘‘(II) the amount of bonds issued by such TION IN SEMIANNUAL REPORTS.—The Inspector Federal assistance under either title 23 or issuing authority to which subparagraph (A) General of the Department of Transportation title 49, United States Code (as so in effect), applied during the 3 preceding calendar shall ensure that findings and other informa- ‘‘(6) flood diversions, or years. tion resulting from audits conducted pursu- ‘‘(7) inland waterways, including construc- ‘‘(e) APPLICABILITY OF CERTAIN FEDERAL ant to subsection (a) are included in the tion and rehabilitation expenditures for LAWS.—An issue shall not be treated as an semiannual report transmitted to congres- navigation on any inland or intracoastal wa- issue under subsection (b) unless the facility sional committees under section 8(f) of the terways of the United States (within the for which the proceeds of such issue are used Inspector General Act of 1978 (5 U.S.C. App). meaning of section 4042(d)(2)). would be subject to the requirements of any ‘‘(c) FLOOD DIVERSIONS.—For purposes of Federal law (including titles 23, 40, and 49 of SA 3659. Mr. WYDEN (for himself and this section, the term ‘flood diversion’ means the United States Code) which would other- Mr. HOEVEN) submitted an amendment any flood damage risk reduction project au- wise apply to similar projects. ‘‘(f) SPECIAL RULE FOR ENVIRONMENTAL RE- intended to be proposed to amendment thorized under any Act for authorizing water resources development projects. MEDIATION COSTS FOR DOCKS AND WHARVES.— SA 3464 submitted by Mr. THUNE (for ‘‘(d) MOVE AMERICA VOLUME CAP.— For purposes of this section, amounts used himself and Mr. NELSON) to the bill ‘‘(1) IN GENERAL.—The aggregate face for working capital expenditures relating to H.R. 636, to amend the Internal Rev- amount of Move America bonds issued pursu- environmental remediation required under enue Code of 1986 to permanently ex- ant to an issue, when added to the aggregate State or Federal law at or near a facility de- tend increased expensing limitations, face amount of Move America bonds pre- scribed in subsection (b)(2) (including envi- and for other purposes; which was or- viously issued by the issuing authority dur- ronmental remediation in the riverbed and dered to lie on the table; as follows: ing the calendar year, shall not exceed such land within or adjacent to the Federal navi- issuing authority’s Move America volume gation channel used to access such facility) At the appropriate place, insert the fol- shall be treated as an amount used to pro- lowing: cap for such year. ‘‘(2) MOVE AMERICA VOLUME CAP.—For pur- vide for such a facility. TITLE ll—MOVE AMERICA poses of this subsection— ‘‘(g) REGULATIONS.—The Secretary shall SEC. lll1. SHORT TITLE. ‘‘(A) IN GENERAL.—The Move America vol- prescribe such regulations as may be nec- This title may be cited as the ‘‘Move ume cap shall be 50 percent of the State ceil- essary to carry out the purposes of this sec- America Act of 2015’’. ing under section 146(d) for such State for tion, including regulations requiring States SEC. lll2. MOVE AMERICA BONDS. such year. to report the amount of Move America vol- (a) IN GENERAL.— ‘‘(B) ALLOCATION OF VOLUME CAP.—Each ume cap of the State carried forward for any (1) MOVE AMERICA BONDS.—Subpart A of State may allocate the Move America vol- calendar year under subsection (d)(3).’’. part IV of subchapter B of chapter 1 of the ume cap of such State among governmental (2) CONFORMING AMENDMENT.—The table of Internal Revenue Code of 1986 is amended by units (or other authorities) in such State sections for subpart A of part IV of sub- inserting after section 142 the following new having authority to issue private activity chapter B of chapter 1 of such Code is amend- section: bonds. ed by inserting after the item relating to ‘‘SEC. 142A. MOVE AMERICA BONDS. ‘‘(3) CARRYFORWARDS.— section 142 the following new item: ‘‘(a) IN GENERAL.— ‘‘(A) IN GENERAL.—If— ‘‘Sec. 142A. Move America bonds.’’. ‘‘(1) TREATMENT AS EXEMPT FACILITY ‘‘(i) an issuing authority’s Move America (b) APPLICATION OF OTHER PRIVATE ACTIV- BOND.—Except as otherwise provided in this volume cap, exceeds ITY BOND RULES.—

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(1) TREATMENT UNDER PRIVATE ACTIVITY ‘‘(E) is sold no later than the end of the the recapture amount is the amount deter- BOND VOLUME CAP.—Subsection (g) of section calendar year in which the project is placed mined under subparagraph (B). 146 of the Internal Revenue Code of 1986 is in service, and ‘‘(B) AMOUNT DETERMINED.—The amount amended by striking ‘‘and’’ at the end of ‘‘(F) is in such form as the Secretary may determined under this subparagraph is— paragraph (3), by striking the period at the prescribe. ‘‘(i) in the case of a project to which sub- end of paragraph (4) and inserting ‘‘, and’’, ‘‘(2) QUALIFIED MOVE AMERICA CREDIT PRO- paragraph (A)(i) applies, the value of the and by inserting after paragraph (4) the fol- GRAM.— Move America credit certificate, and lowing new paragraph: ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(ii) in the case of a project to which sub- ‘‘(5) any Move America bond.’’. Move America credit program’ means any paragraph (A)(ii) applies, the product of— (2) RULE FOR FACILITIES LOCATED OUTSIDE program— ‘‘(I) an amount equal to 10 percent of the THE STATE.—Paragraph (2) of section 146(k) of ‘‘(i) which is established by a State for any value of the Move America credit certificate, the Internal Revenue Code of 1986 is amended calendar year for which it is authorized to and by inserting ‘‘or to any Move America bond’’ issue Move America bonds (as defined in sec- ‘‘(II) the number of calendar years in the after ‘‘section 142(a)’’. tion 145A), credit period beginning with the calendar (3) SPECIAL RULE ON USE FOR LAND ACQUISI- ‘‘(ii) under which the State exchanges (in year in which the project ceases to be a TION.—Subparagraph (A) of section 147(c)(1) such manner as the Secretary may prescribe) qualified project. of the Internal Revenue Code of 1986 is an amount of the Move America bonds (as so ‘‘(3) SPECIAL RULE FOR PROJECTS NOT amended by inserting ‘‘(50 percent in the defined) which it may otherwise issue during PLACED IN SERVICE.—For purposes of sub- case of any issue of Move America bonds)’’ such calendar year for the ability to sell section (a), if the project to which a Move after ‘‘25 percent’’. Move America credit certificates, and America credit certificate is designated (4) SPECIAL RULES FOR REHABILITATION EX- ‘‘(iii) under which the State is obligated to under subsection (c)(1)(B) as relating is never PENDITURES.— repay to the Secretary an amount equal to placed in service, the first taxable year that (A) INCLUSION OF CERTAIN EXPENDITURES.— the recapture amount, if applicable, with re- begins in the calendar year in which the Subparagraph (B) of section 147(d)(3) of the spect to any Move America credit certifi- State certifies (at such time and in such Internal Revenue Code of 1986 is amended by cate. manner as may be prescribed by the Sec- inserting ‘‘, except that, in the case of any ‘‘(B) ALLOCATION OF CERTIFICATES TO retary) that the project will not be placed in Move America bond, such term shall include PROJECT SPONSORS.— service shall be treated as the year in which any expenditure described in clause (iii) or ‘‘(i) IN GENERAL.—A State that has estab- the project was placed in service. (v) thereof’’ before the period at the end. lished a qualified Move America credit pro- ‘‘(e) APPLICATION WITH OTHER CREDITS.— (B) PERIOD FOR EXPENDITURES.—Subpara- gram under subparagraph (A) may allocate ‘‘(1) BUSINESS CREDIT TREATED AS PART OF graph (C) of section 147(d)(3) of such Code is any Move America credit certificate that is GENERAL BUSINESS CREDIT.—Except as pro- amended by inserting ‘‘(5 years, in the case eligible to be sold by such State to the vided in paragraph (2), the credit which of any Move America bond)’’ after ‘‘2 years’’. project sponsor of the qualified project to would be allowed under subsection (a) for (c) TREATMENT UNDER THE ALTERNATIVE which such certificate relates. any taxable year (determined without regard MINIMUM TAX.—Subparagraph (C) of section ‘‘(ii) SALE OR USE.—A project sponsor to to this subsection) shall be treated as a cred- 57(a)(5) of the Internal Revenue Code of 1986 whom any Move America certificate is allo- it listed in section 38(b) for such taxable year is amended by adding at the end the fol- cated under clause (i) may— (and not allowed under subsection (a)). lowing new clause: ‘‘(I) sell such certificate, or ‘‘(2) PERSONAL CREDIT.—For purposes of ‘‘(vii) EXCEPTION FOR MOVE AMERICA ‘‘(II) claim the credit under this section this title, in the case of an individual, the BONDS.—For purposes of clause (i), the term with respect to such certificate as if the credit allowed under subsection (a) for any ‘private activity bond’ shall not include any project sponsor had purchased the certificate taxable year shall be treated as a credit al- Move America bond (as defined in section from the State. lowable under subpart A for such taxable 142A).’’. ‘‘(3) VALUE.— year.’’. (d) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The aggregate value of made by this section shall apply to obliga- (b) CREDIT MADE PART OF GENERAL BUSI- the Move America credit certificates sold or NESS CREDIT.—Subsection (b) of section 38 of tions issued in calendar years beginning allocated by a State in a calendar year shall after the date of the enactment of this Act. the Internal Revenue Code of 1986 is amend- equal 25 percent of the value of Move Amer- ed— SEC. llll3. MOVE AMERICA TAX CREDITS. ica bonds exchanged by the State under (1) by striking ‘‘plus’’ at the end of para- (a) IN GENERAL.—Subpart B of part IV of paragraph (2)(A)(ii). graph (35), subchapter A of chapter 1 of the Internal ‘‘(B) LIMITATION RELATING TO QUALIFIED Revenue Code of 1986 is amended by adding (2) by striking the period at the end of PROJECT COST.—The aggregate value of the at the end the following new section: paragraph (36) and inserting ‘‘, plus’’, and Move America credit certificates sold or al- (3) by adding at the end the following new ‘‘SEC. 30E. MOVE AMERICA CREDIT. located by a State and designated by the paragraph: ‘‘(a) ALLOWANCE OF CREDIT.—In the case of State as relating to any qualified project a Move America credit certificate purchased ‘‘(37) the portion of the Move America shall not exceed the lesser of— credit to which section 30E(e)(1) applies.’’. by the taxpayer, there shall be allowed as a ‘‘(i) 20 percent of the estimated cost of the credit against the tax imposed by this chap- (c) CLERICAL AMENDMENT.—The table of project, or sections for subpart B of part IV of sub- ter for any taxable year in the credit period ‘‘(ii) 50 percent of the total amount of pri- an amount equal to 10 percent of the value of chapter A of chapter 1 of the Internal Rev- vate equity invested in the project. such certificate. enue Code of 1986 is amended by adding at ‘‘(4) CERTIFICATE NONTRANSFERABLE.—A ‘‘(b) CREDIT PERIOD.—For purposes of this the end the following new item: Move America credit certificate, once pur- section, the term ‘credit period’ means, with ‘‘Sec. 30E. Move America credit.’’. respect to any Move America credit certifi- chased from a State or a project sponsor to cate, the period of 10 taxable years beginning whom the State has allocated such certifi- (d) EFFECTIVE DATE.—The amendments with the first taxable year that begins in the cate for sale under paragraph (2)(B)(ii)(I), made by this section shall apply to taxable calendar year in which the qualified project may not be sold or transferred to any other years beginning after the date of the enact- to which such certificate relates is placed in person. ment of this Act. service. ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For (e) REPORTING.—A State that sells any ‘‘(c) MOVE AMERICA CREDIT CERTIFICATE.— purposes of this section— Move America credit certificate shall report, For purposes of this section— ‘‘(1) QUALIFIED PROJECT.—The term ‘quali- at such time and in such manner as the Sec- ‘‘(1) MOVE AMERICA CREDIT CERTIFICATE.— fied project’ means a project which— retary of the Treasury shall require— The term ‘Move America credit certificate’ ‘‘(A) would be subject to the same require- (1) to the Secretary of the Treasury— means any certificate that— ments of any Federal law (including titles 23, (A) the value of the Move America bonds ‘‘(A) is sold to the taxpayer under a quali- 40, and 49 of the United States Code) which otherwise allowed to be issued by the State fied Move America credit program by a State would otherwise apply to similar projects, which are exchanged under section or by a project sponsor to whom the State and 30E(c)(2)(A)(ii) of the Internal Revenue Code has allocated such certificate for sale under ‘‘(B) is for the construction of a facility de- of 1986 for the ability to sell such Move paragraph (2)(B)(ii)(I), scribed in section 142A(b), but only if such America credit certificates, and ‘‘(B) is designated by the State as relating project, upon completion, will be generally (B) the number of Move America credit to a qualified project, available for public use. certificates sold by the State or allocated to ‘‘(C) the proceeds of the sale of which are ‘‘(2) RECAPTURE AMOUNT.— project sponsors, the value of each such cer- used to finance the qualified project des- ‘‘(A) IN GENERAL.—In the case of any Move tificate, and to whom it was sold (including ignated under subparagraph (B), America credit certificate, if the project to the name of the purchaser and any other ‘‘(D) specifies— which the certificate is designated under identifying information as the Secretary of ‘‘(i) the value of the certificate and the subsection (c)(1)(B) as relating— the Treasury shall require), and purchase price, and ‘‘(i) is never placed in service, or (2) to the Secretary of the Treasury and ‘‘(ii) the qualified project to which it re- ‘‘(ii) ceases to be a qualified project at any the purchaser of any Move America credit lates, time during the credit period, certificate—

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.023 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1930 CONGRESSIONAL RECORD — SENATE April 12, 2016 (A) the placed in service date of the quali- ‘‘(3) not being a national of or ordinarily SA 3664. Ms. MURKOWSKI (for her- fied project to which the certificate is des- resident in Canada. self and Mr. SULLIVAN) submitted an ignated under section 30E(c)(1)(B) of the In- (b) TECHNICAL AND CONFORMING AMEND- amendment intended to be proposed to ternal Revenue Code of 1986 as relating, or MENTS.—Part II of title 18, United States amendment SA 3464 submitted by Mr. (B) that the State has made a certification Code, is amended— THUNE (for himself and Mr. NELSON) to under section 30E(d)(3) of such Code that (1) in the table of chapters, by striking the such project will not be placed in service. item relating to chapter 212A and inserting the bill H.R. 636, to amend the Internal For purposes of this subsection, any term the following: Revenue Code of 1986 to permanently used in this subsection that is also used in ‘‘212A. Extraterritorial jurisdic- extend increased expensing limita- section 30E or 142A of the Internal Revenue tion over certain offenses ...... 3271’’; tions, and for other purposes; which Code of 1986 has the same meaning as when and was ordered to lie on the table; as fol- used in such section. (2) in the table of sections for chapter 212A, lows: by inserting after the item relating to sec- On page 81, between lines 24 and 25, insert SA 3660. Mr. KAINE submitted an tion 3272 the following: the following: amendment intended to be proposed to ‘‘3273. Offenses committed by certain United ‘‘(f) SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS AND OPERATIONS IN THE amendment SA 3464 submitted by Mr. States personnel stationed in ARCTIC.— THUNE (for himself and Mr. NELSON) to Canada in furtherance of border ‘‘(1) IN GENERAL.—Notwithstanding any the bill H.R. 636, to amend the Internal security initiatives.’’. other provision of this chapter, and not later Revenue Code of 1986 to permanently (c) RULE OF CONSTRUCTION. Nothing in this than 180 days after the date of the enactment extend increased expensing limita- section shall be construed to infringe upon of the Federal Aviation Administration Re- tions, and for other purposes; which or otherwise affect the exercise of the pros- authorization Act of 2016, the Secretary shall was ordered to lie on the table; as fol- ecutorial discretion by the Department of determine if certain unmanned aircraft sys- lows: Justice in implementing this provision. tems may operate safely in the Arctic be- yond the limitations of the notice of pro- On page 149, line 8, strike ‘‘an inspection or SA 3662. Mr. DAINES submitted an other investigation’’ and insert ‘‘an accident posed rulemaking relating to operation and finding, inspection, or other investigation’’. amendment intended to be proposed to certification of small unmanned aircraft sys- On page 150, line 17, strike ‘‘an inspection amendment SA 3464 submitted by Mr. tems (80 Fed. Reg. 9544), including operation or other investigation’’ and insert ‘‘an acci- THUNE (for himself and Mr. NELSON) to of such systems beyond the visual line of dent finding, inspection, or other investiga- the bill H.R. 636, to amend the Internal sight of the operator. tion’’. Revenue Code of 1986 to permanently ‘‘(2) ASSESSMENT OF UNMANNED AIRCRAFT On page 337, strike section 5013 SYSTEMS.—In making the determination re- extend increased expensing limita- quired by paragraph (1), the Secretary shall SA 3661. Mr. JOHNSON (for himself, tions, and for other purposes; which determine, at a minimum— Mr. LEAHY, Ms. MURKOWSKI, and Mr. was ordered to lie on the table; as fol- ‘‘(A) which types of unmanned aircraft sys- SCHUMER) submitted an amendment in- lows: tems, if any, as a result of their size, weight, tended to be proposed to amendment At the end of title V, add the following: speed, operational capability, proximity to airports and populated areas, and operation SA 3464 submitted by Mr. THUNE (for SEC. 5032. PLACEMENT AND STORAGE OF WILDLAND FIREFIGHTING ASSETS. beyond visual line of sight do not create a himself and Mr. NELSON) to the bill When considering placement and storage of hazard to users of the airspace over the Arc- H.R. 636, to amend the Internal Rev- aerial wildland firefighting assets, the Chief tic or the public or pose a threat to national enue Code of 1986 to permanently ex- of the Forest Service shall, before other con- security; tend increased expensing limitations, siderations, take into consideration the geo- ‘‘(B) which beyond-line-of-sight operations and for other purposes; which was or- graphic location of other federally owned provide extraordinary public benefit justi- dered to lie on the table; as follows: aerial wildland firefighting assets and the fying safe accommodation of the operations rate, intensity, and size of all State and fed- while minimizing restrictions on manned At the end of title V, add the following: aircraft operations; and SEC. 5032. JURISDICTION OVER OFFENSES COM- erally managed wildland fires in those loca- tions. ‘‘(C) whether a certificate of waiver, cer- MITTED BY CERTAIN UNITED tificate of authorization, or airworthiness STATES PERSONNEL STATIONED IN CANADA. SA 3663. Ms. MURKOWSKI (for her- certification under section 44704 is required for the operation of unmanned aircraft sys- (a) AMENDMENT.—Chapter 212A of title 18, self and Mr. SULLIVAN) submitted an tems identified under subparagraph (A). United States Code, is amended— amendment intended to be proposed to ‘‘(3) REQUIREMENTS FOR SAFE OPERATION.— (1) in the chapter heading, by striking amendment SA 3464 submitted by Mr. ‘‘TRAFFICKING IN PERSONS’’; and If the Secretary determines under this sub- THUNE (for himself and Mr. NELSON) to (2) by adding after section 3272 the fol- section that certain unmanned aircraft sys- lowing: the bill H.R. 636, to amend the Internal tems may operate safely in the Arctic be- Revenue Code of 1986 to permanently yond the visual line of sight of the operator, ‘‘§ 3273. Offenses committed by certain United extend increased expensing limita- the Secretary shall establish requirements States personnel stationed in Canada in for the safe equipage and operation of such furtherance of border security initiatives tions, and for other purposes; which was ordered to lie on the table; as fol- aircraft systems while minimizing the effect ‘‘(a) IN GENERAL.—Whoever, while em- on manned aircraft operations.’’. ployed by the Department of Homeland Se- lows: curity or the Department of Justice and sta- At the appropriate place, insert the fol- SA 3665. Mr. VITTER submitted an tioned or deployed in Canada pursuant to a lowing: amendment intended to be proposed to treaty, executive agreement, or bilateral SEC. llll. MODIFICATION OF EXCISE TAX EX- amendment SA 3464 submitted by Mr. memorandum in furtherance of a border se- EMPTION FOR SMALL AIRCRAFT ON THUNE (for himself and Mr. NELSON) to curity initiative, engages in conduct (or con- ESTABLISHED LINES. the bill H.R. 636, to amend the Internal spires or attempts to engage in conduct) in (a) IN GENERAL.—Section 4281 of the Inter- Canada that would constitute an offense for nal Revenue Code of 1986 is amended— Revenue Code of 1986 to permanently which a person may be prosecuted in a court (1) in subsection (a), by striking ‘‘6,000 extend increased expensing limita- of the United States had the conduct been pounds or less’’ and inserting ‘‘12,500 pounds tions, and for other purposes; which engaged in within the United States or with- or less’’, and was ordered to lie on the table; as fol- in the special maritime and territorial juris- (2) by striking subsection (c) and inserting lows: diction of the United States shall be fined or the following: On page 125, between lines 6 and 7, insert imprisoned, or both, as provided for that of- ‘‘(c) ESTABLISHED LINE.—For purposes of the following: fense. this section, an aircraft shall not be consid- SEC. 2143. MICRO UNMANNED AIRCRAFT SYS- ‘‘(b) DEFINITION.—In this section, the term ered as operated on an established line if op- TEMS. ‘employed by the Department of Homeland erated under an authorization to conduct on- (a) SHORT TITLE.—This section may be Security or the Department of Justice’ demand operations in common carriage pur- cited as the ‘‘Micro Drone Safety and Inno- means— suant to section 119.21(a)(5) of title 14, Code vation Act of 2016’’. ‘‘(1) being employed as a civilian employee, of Federal Regulations, as in effect on the (b) OPERATION OF MICRO UNMANNED AIR- a contractor (including a subcontractor at date of the enactment of the Federal Avia- CRAFT SYSTEMS.— any tier), or an employee of a contractor (or tion Administration Reauthorization Act of (1) IN GENERAL.—Subtitle B of title III of a subcontractor at any tier), of the Depart- 2016.’’. the FAA Modernization and Reform Act of ment of Homeland Security or the Depart- (b) EFFECTIVE DATE.—The amendments 2012 (Public Law 112–95; 49 U.S.C. 40101 note), ment of Justice; made by this section shall apply to taxable as amended by sections 2122(b)(2), 2128(b)(2), ‘‘(2) being present or residing in Canada in transportation provided after the date of the and 2129(b)(2), is further amended by adding connection with such employment; and enactment of this Act. at the end the following:

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‘‘SEC. 337. SPECIAL RULE FOR MICRO UNMANNED ‘‘(e) ALTERNATIVE REGULATIONS.—Instead and 91.407(a)(1), paragraphs (1) and (2) of sec- AIRCRAFT SYSTEMS. of being operated in accordance with sub- tion 91.409(a), and subsections (a) and (b) of ‘‘(a) REQUIREMENTS FOR OPERATION OF section (a), a micro unmanned aircraft may section 91.417 of title 14, Code of Federal Reg- MICRO UNMANNED AIRCRAFT SYSTEMS.— be operated pursuant to any form of author- ulations, shall not apply with respect to the ‘‘(1) IN GENERAL.—A micro unmanned air- ization, operational rules, or exemptions per- operation of a micro unmanned aircraft sys- craft system and the operator of that system taining to unmanned aircraft systems pre- tem in accordance with this subsection. shall qualify for the exemptions described scribed by the Administrator, except that a ‘‘(B) CERTIFICATE OF WAIVER OR AUTHORIZA- under subsections (b), (c), and (d) if the sys- micro unmanned aircraft and its operator TION.—A micro unmanned aircraft system tem is operated— shall be exempt from any requirement for an operated in accordance with this subsection ‘‘(A) at an altitude of less than 400 feet airman certificate or medical certificate. may be operated by any person without a above ground level; ‘‘(f) MICRO UNMANNED AIRCRAFT SYSTEM certificate of authorization or waiver from ‘‘(B) at an airspeed of not greater than 40 DEFINED.—In this section, the term ‘micro the Federal Aviation Administration. knots; unmanned aircraft system’ means an un- ‘‘(C) FUTURE REGULATIONS.—A micro un- ‘‘(C) within the visual line of sight of the manned aircraft system the aircraft compo- manned aircraft system operated in accord- operator; nent of which weighs not more than 4.4 ance with this subsection, and the operator pounds, including payload.’’. ‘‘(D) during the hours between sunrise and of such a system, shall be exempt from any (2) TABLE OF CONTENTS.—The table of con- sunset; and additional requirements that may be pre- tents for the FAA Modernization and Reform ‘‘(E) except as provided in paragraph (2), scribed pursuant to this subtitle after the not less than 5 statute miles from the geo- Act of 2012 is amended by inserting after the date of the enactment of this Act, except for graphic center of an airport with an oper- item relating to section 335 the following: any additional requirements prescribed pur- ational air traffic control tower or an airport ‘‘337. Special rule for micro unmanned air- suant to sections 44803 and 44809. denoted on a current aeronautical chart pub- craft systems.’’. ‘‘(4) ALTERNATIVE REGULATIONS.—Instead of lished by the Federal Aviation Administra- being operated in accordance with this sub- tion. Mr. VITTER submitted an SA 3666. section, a micro unmanned aircraft system ‘‘(2) OPERATION WITHIN 5 STATUTE MILES OF amendment intended to be proposed to may be operated pursuant to any form of au- AN AIRPORT.—A micro unmanned aircraft amendment SA 3464 submitted by Mr. thorization, operational rules, or exemptions system may be operated within 5 statute THUNE (for himself and Mr. NELSON) to pertaining to unmanned aircraft systems miles of an airport described in paragraph the bill H.R. 636, to amend the Internal (1)(E) if, before the micro unmanned aircraft prescribed by the Administrator, except that system is operated within 5 statute miles of Revenue Code of 1986 to permanently a micro unmanned aircraft system and its the airport, the operator of the micro un- extend increased expensing limita- operator shall be exempt from any require- manned aircraft system— tions, and for other purposes; which ment for an airman certificate or medical ‘‘(A) provides notice to the airport oper- was ordered to lie on the table; as fol- certificate. ator; and lows: Mr. WARNER submitted an ‘‘(B) in the case of an airport with an oper- SA 3667. Beginning on page 86, strike line 22 and all amendment intended to be proposed to ational air traffic control tower, receives ap- that follows through page 88, line 19, insert proval from the air traffic control tower. the following: amendment SA 3464 submitted by Mr. ‘‘(b) EXEMPTIONS FOR OPERATORS OF MICRO ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS THUNE (for himself and Mr. NELSON) to UNMANNED AIRCRAFT SYSTEMS.—Notwith- OPERATIONAL RULES.— the bill H.R. 636, to amend the Internal standing sections 44703 and 44711 of title 49, ‘‘(1) IN GENERAL.—Notwithstanding any Revenue Code of 1986 to permanently United States Code, part 61 of title 14, Code other provision of law relating to the incor- extend increased expensing limita- of Federal Regulations, or any other provi- poration of unmanned aircraft systems into tions, and for other purposes; which sion of a statute, rule, or regulation relating Federal Aviation Administration plans and to airman certification, any person may op- was ordered to lie on the table; as fol- policies, other than sections 44803 and 44809, lows: erate a micro unmanned aircraft system in the Administrator of the Federal Aviation accordance with subsection (a) without being Administration may not promulgate any On page 120, line 1, insert ‘‘, or commercial required— rule or regulation regarding the operation of operators operating under contract with a ‘‘(1) to pass any aeronautical knowledge a micro unmanned aircraft system, the air- public entity,’’ after ‘‘systems’’. test; craft component of which weighs 4.4 pounds ‘‘(2) to meet any age or experience require- or less, including payload, including any re- SA 3668. Mrs. MURRAY (for herself ment; or quirement that requires the operator of any and Ms. CANTWELL) submitted an ‘‘(3) to obtain an airman certificate or such system to meet any airman certifi- amendment intended to be proposed to medical certificate. cation requirement, including any require- amendment SA 3464 submitted by Mr. ‘‘(c) EXEMPTION FROM AIRWORTHINESS ments under section 44703 of this title, part THUNE (for himself and Mr. NELSON) to STANDARDS.—Notwithstanding any provision 61 of title 14, Code of Federal Regulations, or of chapter 447 of title 49, United States Code, the bill H.R. 636, to amend the Internal any other rule or regulation relating to air- or any other provision of a statute, rule, or Revenue Code of 1986 to permanently man certification. regulation relating to certification of air- extend increased expensing limita- ‘‘(2) OPERATIONAL RULES.—A micro un- craft or aircraft parts or equipment, a micro tions, and for other purposes; which unmanned aircraft system operated in ac- manned aircraft system and the operator of that system shall qualify for the exemptions was ordered to lie on the table; as fol- cordance with subsection (a) and component lows: parts and equipment for that system shall under this subsection if the following rules At the end of subtitle C of title I, add the not be required to meet airworthiness cer- for operations of such systems are observed: following: tification standards or to obtain an air- ‘‘(A) Operation at an altitude of less than worthiness certificate. 400 feet above ground level. SEC. 1305. AIRPORT VEHICLE EMISSIONS. ‘‘(d) EXEMPTIONS FROM OPERATIONAL REGU- ‘‘(B) Operation with an airspeed of not Section 40117(a)(3)(G) is amended to read as LATIONS.— greater than 40 knots. follows: ‘‘(1) PART 91 REGULATIONS.—Sections ‘‘(C) Operation within the visual line of ‘‘(G) A project to reduce emissions under 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), sight of the operator. subchapter I of chapter 471 or to use cleaner and 91.407(a)(1), paragraphs (1) and (2) of sec- ‘‘(D) Operation during the hours between burning conventional fuels, or for acquiring tion 91.409(a), and subsections (a) and (b) of sunrise and sunset. for use at a commercial service airport vehi- section 91.417 of title 14, Code of Federal Reg- ‘‘(E) Operation not less than 5 statute cles or ground support equipment that in- ulations, shall not apply with respect to the miles from the geographic center of an air- clude low-emission technology or use cleaner operation of a micro unmanned aircraft sys- port with an operational air traffic control burning fuels, or, if the airport is located in tem in accordance with subsection (a). tower or an airport denoted on a current an air quality nonattainment area (as de- ‘‘(2) CERTIFICATE OF WAIVER OR AUTHORIZA- aeronautical chart published by the Federal fined in section 171(2) of the Clean Air Act (42 TION.—A micro unmanned aircraft system Aviation Administration, except that a U.S.C. 7501(2))) or a maintenance area re- operated in accordance with subsection (a) micro unmanned aircraft system may be op- ferred to in section 175A of such Act (42 may be operated by any person without a erated within 5 statute miles of such an air- U.S.C. 7505a), a project to retrofit any such certificate of authorization or waiver from port if the operator of the system— vehicles or equipment that are powered by a the Federal Aviation Administration. ‘‘(i) provides notice to the airport operator; diesel or gasoline engine with emission con- ‘‘(3) FUTURE REGULATIONS.—A micro un- and trol technologies certified or verified by the manned aircraft system operated in accord- ‘‘(ii) in the case of an airport with an oper- Environmental Protection Agency to reduce ance with subsection (a), and the operator of ational air traffic control tower, receives ap- emissions, if such project would be able to such a system, shall be exempt from any ad- proval from the air traffic control tower. receive emission credits for the project from ditional requirements that may be pre- ‘‘(3) EXEMPTIONS FROM OPERATIONAL REGU- the governing State or Federal environ- scribed pursuant to this subtitle after the LATIONS.— mental agency as described in section date of the enactment of the Micro Drone ‘‘(A) PART 91 REGULATIONS.—Sections 47139.’’. Safety and Innovation Act of 2016. 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), At the end of title V, add the following:

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EXCLUSION FOR ASSISTANCE PRO- TION, EMISSIONS, AND NOISE FROM VIDED TO PARTICIPANTS IN CER- CIVILIAN AIRCRAFT. ‘‘(e) COLLABORATION AND REPORT.— TAIN VETERINARY STUDENT LOAN (a) ESTABLISHMENT OF RESEARCH PRO- ‘‘(1) COLLABORATION.—The Administrator, REPAYMENT OR FORGIVENESS PRO- GRAM.—From amounts made available under in coordination with the Administrator of GRAMS. section 48102(a) of title 49, United States NASA, the Secretary of Energy, and the Sec- (a) IN GENERAL.—Paragraph (4) of section Code, the Administrator of the Federal Avia- retary of Agriculture, shall continue re- 108(f) of the Internal Revenue Code of 1986 is tion Administration shall establish a re- search and development activities into the amended— search program related to reducing civilian development and deployment of jet fuels de- (1) by striking ‘‘or’’ after ‘‘such Act,’’, aircraft energy use, emissions, and source scribed in subsection (a). (2) by striking the period at the end and in- noise with equivalent safety through grants ‘‘(2) REPORT.—Not later than 180 days after serting ‘‘, under section 1415A of the Na- or other measures, which shall include cost- the date of the enactment of the Federal tional Agricultural Research, Extension, and sharing authorized under section 106(l)(6) of Aviation Administration Reauthorization Teaching Policy Act of 1977 (7 U.S.C. 3151a), such title, including reimbursable agree- Act of 2016, the Administrator, in coordina- or under any other State loan repayment or ments with other Federal agencies. tion with the Administrator of NASA, the loan forgiveness program that is intended to (b) ESTABLISHMENT OF CONSORTIUM.— Secretary of Energy, and the Secretary of provide for increased access to veterinary (1) DESIGNATION AS CONSORTIUM.—The Ad- Agriculture, and after consultation with the services in such State.’’, and ministrator shall designate, using a competi- heads of other relevant agencies, shall— (3) by striking ‘‘STATE’’ in the heading and tive process, one or more institutions or en- ‘‘(A) develop a joint plan to carry out the inserting ‘‘OTHER’’. tities described in paragraph (2), to be known research described in subsection (a); and (b) EFFECTIVE DATE.—The amendments as a ‘‘Government led Consortium for Con- ‘‘(B) submit to Congress a report on such made by this section shall apply to amounts tinuous Lower Energy, Emissions, and joint plan.’’. received by an individual in taxable years Noise’’ or ‘‘CLEEN’’, to perform research in beginning after December 31, 2015. accordance with this section. (2) PARTICIPATION.—The Administrator SA 3669. Mr. DAINES submitted an SA 3671. Mr. BARRASSO submitted shall include educational and research insti- amendment intended to be proposed to an amendment intended to be proposed tutions or private sector entities that have amendment SA 3464 submitted by Mr. to amendment SA 3464 submitted by existing facilities and experience for devel- THUNE (for himself and Mr. NELSON) to Mr. THUNE (for himself and Mr. NEL- oping and testing noise, emissions, and en- the bill H.R. 636, to amend the Internal SON) to the bill H.R. 636, to amend the ergy reduction engine and aircraft tech- Revenue Code of 1986 to permanently nology, and developing alternative fuels, in Internal Revenue Code of 1986 to per- the research program required by subsection extend increased expensing limita- manently extend increased expensing (a) to fulfill the performance objectives spec- tions, and for other purposes; which limitations, and for other purposes; ified in subsection (c). was ordered to lie on the table; as fol- which was ordered to lie on the table; (3) COORDINATION MECHANISMS.—In con- lows: as follows: ducting the research program required by At the appropriate place, insert the fol- subsection (a), the consortium designated On page 270, strike lines 2 through 11 and insert the following: lowing: under paragraph (1) shall— SEC. ll. CARRYING OF FIREARMS BY FEDERAL (A) coordinate its activities with the De- (a) RULEMAKING.— FLIGHT DECK OFFICERS ON INTER- partment of Agriculture, the Department of (1) IN GENERAL.—Not later than 1 year after NATIONAL FLIGHTS. Defense, the Department of Energy, the Na- the date of enactment of this Act, the Sec- Paragraph (3) of section 44921(f) is amended tional Aeronautics and Space Administra- retary of Transportation shall issue final to read as follows: tion, and other relevant Federal agencies; regulations to require a covered air carrier ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED and to promptly provide an automatic refund or STATES.—In consultation with the Secretary (B) consult on a regular basis with the other compensation to a passenger if the of State, the Secretary of Homeland Secu- Commercial Aviation Alternative Fuels Ini- covered air carrier— rity shall take such action as may be nec- tiative. (A) has charged the passenger an ancillary essary to ensure that a Federal flight deck (c) PERFORMANCE OBJECTIVES.—Not later fee for checked baggage; and officer may carry a firearm— than January 1, 2021, the Administrator shall (B) fails to deliver the checked baggage to ‘‘(A) on any international flight on which a seek to ensure that the research program re- the passenger not later than 6 hours after Federal air marshal may be deployed under quired subsection (a) supports the following the arrival of a domestic flight or 12 hours section 44917; and objectives for civil subsonic airplanes: after the arrival of an international flight. ‘‘(B) in foreign country as is necessary to (1) Certifiable aircraft technology that re- (2) CHOICE OF EQUIVALENT COMPENSATION.— allow the Federal flight deck officer to carry duces aircraft fuel burn 40 percent relative to The regulations under paragraph (1) may a firearm as authorized by subparagraph year 2000 best-in-class in-service aircraft. allow an air carrier to offer a passenger the (A).’’. (2) Certifiable engine technology that re- opportunity to select an alternate form of duces landing and takeoff cycle nitrogen compensation of equivalent or greater value SA 3672. Mrs. GILLIBRAND (for her- oxide emissions by 70 percent over the Inter- in lieu of a refund if the passenger is concur- self and Mr. SCHUMER) submitted an national Civil Aviation Organization stand- rently notified that he or she is entitled to a amendment intended to be proposed to ard adopted in 2011. full refund of paid baggage fees, among the amendment SA 3464 submitted by Mr. (3) Certifiable aircraft technology that re- options for compensation. If the passenger THUNE (for himself and Mr. NELSON) to duces noise levels by 32 decibels cumula- fails to respond to the offer of equivalent tively, relative to the Stage 4 standard, or compensation, the air carrier shall auto- the bill H.R. 636, to amend the Internal reduces the noise contour area in absolute matically refund the baggage fee paid by the Revenue Code of 1986 to permanently terms. passenger. extend increased expensing limita- (4) The feasibility of use of drop-in alter- (3) REFUND DEADLINE.—Any refund under tions, and for other purposes; which native jet fuels in aircraft and engine sys- paragraph (1) or alternate equivalent com- was ordered to lie on the table; as fol- tems, including successful demonstration pensation under paragraph (2) shall be pro- lows: and quantification of benefits, advancement vided to the passenger promptly and shall be At the end of title V, add the following: of fuel testing capability, and support for provided not later than 10 days after an air fuel evaluation. SEC. 5032. LIMITATIONS ON OPERATING CERTAIN carrier’s failure to deliver checked baggage AIRCRAFT NOT COMPLYING WITH (d) CERTIFIABLE DEFINED.—In this section, within the period prescribed under paragraph STAGE 4 NOISE LEVELS. the term ‘‘certifiable’’ means the technology (1)(B). (a) IN GENERAL.—Subchapter II of chapter has been demonstrated to Technology Readi- 475 is amended by adding at the end the fol- ness Level 6 or 7, and there are no foreseen lowing: issues that would prevent certification to ex- SA 3670. Mr. CRAPO submitted an isting standards. amendment intended to be proposed to ‘‘§ 47535. Limitations on operating certain air- craft not complying with stage 4 noise lev- SEC. 5033. RESEARCH PROGRAM ON ALTER- amendment SA 3464 submitted by Mr. NATIVE JET FUEL TECHNOLOGY els THUNE (for himself and Mr. NELSON) to FOR CIVIL AIRCRAFT. ‘‘(a) REGULATIONS.—Not later than Decem- Section 911 of the FAA Modernization and the bill H.R. 636, to amend the Internal ber 31, 2017, the Secretary of Transportation, Reform Act of 2012 (Public Law 112–95; 49 Revenue Code of 1986 to permanently in consultation with the International Civil U.S.C. 44504 note) is amended— extend increased expensing limita- Aviation Organization, shall issue regula- (1) in subsection (a), by striking ‘‘to assist tions, and for other purposes; which tions to establish minimum standards for in’’ and inserting ‘‘with the objective of ac- was ordered to lie on the table; as fol- civil turbojets to comply with stage 4 noise celerating’’; lows: levels. (2) in subsection (c)(1)(B), by inserting ‘‘(b) GENERAL RULE.—The Secretary shall ‘‘and ability to prioritize researchable con- At the appropriate place, insert the fol- issue regulations to, except as provided in straints’’ after ‘‘with experience’’; and lowing: section 47529—

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‘‘(1) establish a timeline by which increas- (b) CLERICAL AMENDMENT.—The analysis (c) CLERICAL AMENDMENT.—The analysis ing percentages of the total number of civil for chapter 475 of such title is amended by for chapter 463 of such title is amended by turbojets with a maximum weight of more inserting after the item relating to section inserting after the item relating to section than 75,000 pounds operating to or from air- 47534 the following: 46319 the following: ports in the United States comply with the ‘‘47535. Limitations on operating certain air- ‘‘46320. Prohibition on operation of un- stage 4 noise levels established under sub- craft not complying with stage manned aircraft carrying a section (a), beginning not later than Decem- 4 noise levels.’’. weapon.’’. ber 31, 2022; and SEC. 5033. STANDARDS FOR ISSUANCE OF NEW ‘‘(2) require that 100 percent of such turbo- TYPE CERTIFICATES. SA 3674. Mr. REED submitted an jets operating after December 31, 2037, to or (a) APPLICABILITY OF STAGE 5 NOISE STAND- amendment intended to be proposed to from airports in the United States comply ARDS TO CIVIL JETS WITH A MAXIMUM WEIGHT amendment SA 3464 submitted by Mr. with the stage 4 noise levels. OF MORE THAN 121,254 POUNDS.—On and after THUNE (for himself and Mr. NELSON) to ‘‘(c) FOREIGN-FLAG AIRCRAFT.— December 31, 2017, the Secretary of Transpor- the bill H.R. 636, to amend the Internal ‘‘(1) INTERNATIONAL STANDARDS.—The Sec- tation may not issue a new type certificate retary shall request the International Civil for a civil jet with a maximum weight of Revenue Code of 1986 to permanently Aviation Organization to add to its Work more than 121,254 pounds for which an appli- extend increased expensing limita- Programme the consideration of inter- cation was received after the date of the en- tions, and for other purposes; which national standards for the phase-out of air- actment of this Act, unless the person apply- was ordered to lie on the table; as fol- craft that do not comply with stage 4 noise ing for the type certificate demonstrates lows: levels. that the civil jet complies with stage 5 noise At the appropriate place, insert the fol- ‘‘(2) ENFORCEMENT.—The Secretary shall levels. lowing: enforce the requirements of this section with (b) APPLICABILITY OF STAGE 5 NOISE STAND- SEC. ll. REIMBURSEMENT FOR AIRPORT SECU- respect to foreign-flag aircraft only to the ARDS TO ALL CIVIL JETS.—On and after De- RITY PROJECTS. extent that such enforcement is consistent cember 31, 2020, the Secretary may not issue Paragraph (3) of section 44923(h) is amend- with United States obligations under inter- a new type certificate for any civil jet for ed to read as follows: national agreements. which an application was received after the ‘‘(3) DISCRETIONARY GRANTS.— ‘‘(d) ANNUAL REPORT.—Beginning with cal- date of the enactment of this Act, unless the ‘‘(A) IN GENERAL.—Of the amount made person applying for the type certificate dem- endar year 2020— available under paragraph (1) for a fiscal onstrates that the civil jet complies with ‘‘(1) each air carrier shall submit to the year, up to $ 50,000,000 shall be used to make stage 5 noise levels. Secretary an annual report on the progress discretionary grants, including other trans- the carrier is making toward complying with SA 3673. Mr. REED submitted an action agreements for airport security im- the requirements of this section and regula- provement projects, with priority given to tions issued to carry out this section; and amendment intended to be proposed to small hub airports and nonhub airports. ‘‘(2) the Secretary shall submit to Congress amendment SA 3464 submitted by Mr. ‘‘(B) REIMBURSEMENT.—For each fiscal an annual report on the progress being made THUNE (for himself and Mr. NELSON) to year, of the amount available under para- toward that compliance. the bill H.R. 636, to amend the Internal graph (1), up to $20,000,000 shall be made ‘‘(e) NOISE RECERTIFICATION TESTING NOT Revenue Code of 1986 to permanently available for reimbursement to airports that REQUIRED.— extend increased expensing limita- have incurred eligible costs under section ‘‘(1) LIMITATION ON STATUTORY CONSTRUC- 1604(b)(2) of the Implementing Recommenda- TION.—Nothing in this section may be con- tions, and for other purposes; which was ordered to lie on the table; as fol- tions of the 9/11 Commission Act of 2007 strued to require the noise certification test- (Public Law 110–53; 121 Stat. 481).’’. ing of a civil turbojet that has been retro- lows: fitted to comply with or otherwise already At the end of part II of subtitle A of title SA 3675. Ms. HEITKAMP (for herself meets the stage 4 noise levels established II, add the following: and Mr. INHOFE) submitted an amend- under subsection (a). SEC. 2143. PROHIBITION ON OPERATION OF UN- ment intended to be proposed to ‘‘(2) MEANS OF DEMONSTRATING COMPLIANCE MANNED AIRCRAFT CARRYING A WITH STAGE 4 NOISE LEVELS.—The Secretary WEAPON. amendment SA 3464 submitted by Mr. shall specify means for demonstrating that (a) IN GENERAL.—Chapter 463 of title 49, THUNE (for himself and Mr. NELSON) to an aircraft complies with stage 4 noise levels United States Code, is amended by adding at the bill H.R. 636, to amend the Internal without requiring noise certification testing. the end the following: Revenue Code of 1986 to permanently ‘‘(f) NONADDITION RULE.— ‘‘§ 46320. Prohibition on operation of un- extend increased expensing limita- ‘‘(1) IN GENERAL.—Except as provided in manned aircraft carrying a weapon tions, and for other purposes; which paragraph (2) and section 47530, a person may ‘‘(a) IN GENERAL.—A person shall not oper- was ordered to lie on the table; as fol- operate a civil jet aircraft with a maximum ate an unmanned aircraft with a weapon at- lows: weight of more than 75,000 pounds that is im- tached to, installed on, or otherwise carried ported into the United States after Decem- On page 91, between lines 6 and 7, insert by the aircraft. the following: ber 31, 2020, only if the aircraft— ‘‘(b) PENALTIES.—A person who violates ‘‘(b) ASSISTANCE BY FEDERAL UNMANNED ‘‘(A) complies with the stage 4 noise levels; subsection (a)— or AIRCRAFT SYSTEMS.—The Secretary shall in- ‘‘(1) shall be liable to the United States clude, in the guidance regarding the oper- ‘‘(B) was purchased by the person import- Government for a civil penalty of not more ing the aircraft into the United States under ation of public unmanned aircraft systems than $27,500; and required by subsection (a), guidance with re- a legally binding contract entered into be- ‘‘(2) may be fined under title 18, imprisoned fore January 1, 2021. spect to allowing unmanned aircraft systems for not more than 5 years, or both. owned or operated by a Federal agency to as- ‘‘(2) EXCEPTION.—The Secretary of Trans- ‘‘(c) NONAPPLICATION TO PUBLIC AIR- sist Federal, State, local, or tribal law en- portation may provide for an exception from CRAFT.—This section does not apply to public forcement organizations in conducting law paragraph (1) to permit a person to obtain aircraft. enforcement activities in the national air- modifications to an aircraft to meet the ‘‘(d) RULE OF CONSTRUCTION.—Nothing in stage 4 noise levels. this section shall be construed to affect the space system. ‘‘(3) AIRCRAFT DEEMED NOT IMPORTED.—For authority of the Administrator with respect Ms. HEITKAMP submitted purposes of this subsection, an aircraft shall to manned or unmanned aircraft. SA 3676. be deemed not to have been imported into ‘‘(e) DEFINITIONS.—In this section: an amendment intended to be proposed the United States if the aircraft— ‘‘(1) UNMANNED AIRCRAFT.—The term ‘un- to amendment SA 3464 submitted by ‘‘(A) was owned on January 1, 2021, by— manned aircraft’ has the meaning given that Mr. THUNE (for himself and Mr. NEL- ‘‘(i) a corporation, trust, or partnership or- term in section 44801. SON) to the bill H.R. 636, to amend the ganized under the laws of the United States, ‘‘(2) WEAPON.—The term ‘weapon’— Internal Revenue Code of 1986 to per- a State, or the District of Columbia; ‘‘(A) means a weapon, device, instrument, manently extend increased expensing ‘‘(ii) an individual who is a citizen of the material, or substance, animate or inani- limitations, and for other purposes; United States; or mate, that is used for, or is readily capable ‘‘(iii) an entity that is owned or controlled of, causing death or serious bodily injury; which was ordered to lie on the table; by a corporation, trust, or partnership de- and as follows: scribed in clause (i) or an individual de- ‘‘(B) includes a firearm or destructive de- On page 86, line 19, insert after ‘‘unmanned scribed in clause (ii); and vice (as those terms are defined in section aircraft’’ the following: ‘‘, including in cir- ‘‘(B) enters the United States not later 921 of title 18).’’. cumstances in which there has been signifi- than 6 months after the expiration of a lease (b) CONFORMING AMENDMENT.—Section cant experience operating the associated un- agreement (including any extension of such 46301(d)(2) of such title is amended, in the manned aircraft within a country with which an agreement) between an owner described in first sentence, by inserting ‘‘section 46320,’’ the United States maintains a trusted avia- subparagraph (A) and a foreign air carrier.’’. before ‘‘or section 47107(b)’’. tion relationship’’.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.026 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1934 CONGRESSIONAL RECORD — SENATE April 12, 2016 SA 3677. Mr. MARKEY submitted an Sec. 1207. Midway Island airport. Sec. 2133. Enforcement. amendment intended to be proposed to Sec. 1208. Airport road funding. Sec. 2134. Aviation emergency safety public amendment SA 3464 submitted by Mr. Sec. 1209. Repeal of inherently low-emission services disruption. airport vehicle pilot program. Sec. 2135. Pilot project for airport safety and THUNE (for himself and Mr. NELSON) to Sec. 1210. Modification of zero-emission air- airspace hazard mitigation. the bill H.R. 636, to amend the Internal port vehicles and infrastructure Sec. 2136. Contribution to financing of regu- Revenue Code of 1986 to permanently pilot program. latory functions. extend increased expensing limita- Sec. 1211. Repeal of airport ground support Sec. 2137. Sense of Congress regarding small tions, and for other purposes; which equipment emissions retrofit UAS rulemaking. was ordered to lie on the table; as fol- pilot program. Sec. 2138. Unmanned aircraft systems traffic lows: Sec. 1212. Funding eligibility for airport en- management. ergy efficiency assessments. Sec. 2139. Emergency exemption process. On page 61, line 14, insert ‘‘, except those Sec. 1213. Recycling plans; safety projects at Sec. 2140. Public uas operations by tribal operated for news gathering activities pro- unclassified airports. governments. tected by the First Amendment to the Con- Sec. 1214. Transfers of instrument landing Sec. 2141. Carriage of property by small un- stitution of the United States’’ after ‘‘sys- systems. manned aircraft systems for tem’’. Sec. 1215. Non-movement area surveillance compensation or hire. pilot program. Sec. 2142. Collegiate Training Initiative pro- SA 3678. Ms. HIRONO (for herself, Mr. Sec. 1216. Amendments to definitions. gram for unmanned aircraft BROWN, Ms. WARREN, and Mrs. SHA- Sec. 1217. Clarification of noise exposure systems. HEEN) submitted an amendment in- map updates. Sec. 2143. Incorporation of Federal Aviation tended to be proposed to amendment Sec. 1218. Provision of facilities. Administration occupations re- SA 3464 submitted by Mr. THUNE (for Sec. 1219. Contract weather observers. lating to unmanned aircraft Sec. 1220. Federal share adjustment. himself and Mr. NELSON) to the bill into veterans employment pro- Sec. 1221. Miscellaneous technical amend- grams of the Administration. H.R. 636, to amend the Internal Rev- ments. PART III—TRANSITION AND SAVINGS enue Code of 1986 to permanently ex- Sec. 1222. Mothers’ rooms at airports. PROVISIONS tend increased expensing limitations, Sec. 1223. Eligibility for airport develop- and for other purposes; which was or- ment grants at airports that Sec. 2151. Senior advisor for unmanned air- dered to lie on the table; as follows: enter into certain leases with craft systems integration. Sec. 2152. Effect on other laws. In section 2306, strike subsections (b) and components of the Armed Forces. Sec. 2153. Spectrum. (c) and insert the following: Sec. 2154. Applications for designation. (b) CONTENTS.—In revising the rule under Sec. 1224. Clarification of definition of avia- tion-related activity for hangar Sec. 2155. Use of unmanned aircraft systems subsection (a), the Administrator shall en- at institutions of higher edu- sure that— use. Sec. 1225. Use of airport improvement pro- cation. (1) a flight attendant scheduled to a duty Sec. 2156. Transition language. period of 14 hours or less is given a scheduled gram funds for runway safety rest period of at least 10 consecutive hours; repairs. PART IV—OPERATOR SAFETY and Sec. 1226. Definition of small business con- Sec. 2161. Short title. (2) the rest period required under para- cern. Sec. 2162. Findings; sense of Congress. graph (1) is not reduced under any cir- Subtitle C—Passenger Facility Charges Sec. 2163. Unsafe operation of unmanned air- cumstances. Sec. 1301. PFC streamlining. craft. Sec. 1302. Intermodal access projects. Subtitle B—FAA Safety Certification SA 3679. Mr. MCCONNELL (for Mr. Sec. 1303. Use of revenue at a previously as- Reform THUNE (for himself and Mr. NELSON)) sociated airport. PART I—GENERAL PROVISIONS Sec. 1304. Future aviation infrastructure proposed an amendment to the bill Sec. 2211. Definitions. and financing study. H.R. 636, to amend the Internal Rev- Sec. 2212. Safety oversight and certification enue Code of 1986 to permanently ex- TITLE II—SAFETY advisory committee. tend increased expensing limitations, Subtitle A—Unmanned Aircraft Systems PART II—AIRCRAFT CERTIFICATION REFORM Reform and for other purposes; as follows: Sec. 2221. Aircraft certification performance Strike all after the enacting clause and in- Sec. 2001. Definitions. objectives and metrics. sert the following: PART I—PRIVACY AND TRANSPARENCY Sec. 2222. Organization designation author- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 2101. Unmanned aircraft systems pri- izations. (a) SHORT TITLE.—This Act may be cited as vacy policy. Sec. 2223. ODA review. the ‘‘Federal Aviation Administration Reau- Sec. 2102. Sense of Congress. Sec. 2224. Type certification resolution proc- thorization Act of 2016’’. Sec. 2103. Federal Trade Commission au- ess. (b) TABLE OF CONTENTS.—The table of con- thority. Sec. 2225. Safety enhancing technologies for tents of this Act is as follows: Sec. 2104. National Telecommunications and small general aviation air- Sec. 1. Short title; table of contents. Information Administration planes. Sec. 2. References to title 49, United States multi-stakeholder process. Sec. 2226. Streamlining certification of Code. Sec. 2105. Identification standards. small general aviation air- Sec. 3. Definition of appropriate committees Sec. 2106. Commercial and governmental op- planes. of Congress. erators. PART III—FLIGHT STANDARDS REFORM Sec. 4. Effective date. Sec. 2107. Analysis of current remedies Sec. 2231. Flight standards performance ob- under Federal, State, and local TITLE I—AUTHORIZATIONS jectives and metrics. jurisdictions. Subtitle A—Funding of FAA Programs Sec. 2232. FAA task force on flight standards PART II—UNMANNED AIRCRAFT SYSTEMS reform. Sec. 1001. Airport planning and development Sec. 2121. Definitions. Sec. 2233. Centralized safety guidance data- and noise compatibility plan- Sec. 2122. Utilization of unmanned aircraft base. ning and programs. system test sites. Sec. 2234. Regulatory Consistency Commu- Sec. 1002. Air navigation facilities and Sec. 2123. Additional research, development, nications Board. equipment. and testing. Sec. 2235. Flight standards service realign- Sec. 1003. FAA operations. Sec. 2124. Safety standards. ment feasibility report. Sec. 1004. FAA research and development. Sec. 2125. Unmanned aircraft systems in the Sec. 2236. Additional certification resources. Sec. 1005. Funding for aviation programs. Arctic. Sec. 1006. Extension of expiring authorities. PART IV—SAFETY WORKFORCE Sec. 2126. Special authority for certain un- Sec. 2241. Safety workforce training strat- Subtitle B—Airport Improvement Program manned aircraft systems. Modifications egy. Sec. 2127. Additional rulemaking authority. Sec. 2242. Workforce study. Sec. 1201. Small airport regulation relief. Sec. 2128. Governmental unmanned aircraft Sec. 1202. Priority review of construction systems. PART V—INTERNATIONAL AVIATION projects in cold weather States. Sec. 2129. Special rules for model aircraft. Sec. 2251. Promotion of United States aero- Sec. 1203. State block grants updates. Sec. 2130. Unmanned aircraft systems aero- space standards, products, and Sec. 1204. Contract Tower Program updates. nautical knowledge and safety. services abroad. Sec. 1205. Approval of certain applications Sec. 2131. Safety statements. Sec. 2252. Bilateral exchanges of safety over- for the contract tower program. Sec. 2132. Treatment of unmanned aircraft sight responsibilities. Sec. 1206. Remote towers. operating underground. Sec. 2253. FAA leadership abroad.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0655 E:\CR\FM\A12AP6.025 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1935 Sec. 2254. Registration, certification, and re- Sec. 3103. Additional consumer protections. Sec. 4206. Air traffic services at aviation lated fees. Sec. 3104. Addressing the needs of families of events. Subtitle C—Airline Passenger Safety and passengers involved in aircraft Sec. 4207. Full annuity supplement for cer- Protections accidents. tain air traffic controllers. Sec. 3105. Emergency medical kits. Sec. 4208. Inclusion of disabled veteran leave Sec. 2301. Pilot records database deadline. Sec. 3106. Travelers with disabilities. in Federal Aviation Adminis- Sec. 2302. Access to air carrier flight decks. Sec. 3107. Extension of Advisory Committee tration personnel management Sec. 2303. Aircraft tracking and flight data. for Aviation Consumer Protec- system. Sec. 2304. Automation reliance improve- tion. ments. TITLE V—MISCELLANEOUS Sec. 3108. Extension of competitive access Sec. 2305. Enhanced mental health screening Sec. 5001. National Transportation Safety reports. for pilots. Board investigative officers. Sec. 3109. Refunds for delayed baggage. Sec. 5002. Performance-Based Navigation. Sec. 2306. Flight attendant duty period limi- Sec. 3110. Refunds for other fees that are not tations and rest requirements. Sec. 5003. Overflights of national parks. honored by a covered air car- Sec. 5004. Navigable airspace analysis for Sec. 2307. Training to combat human traf- rier. commercial space launch site ficking for certain air carrier Sec. 3111. Disclosure of fees to consumers. runways. employees. Sec. 3112. Seat assignments. Sec. 5005. Survey and report on spaceport Sec. 2308. Report on obsolete test equip- Sec. 3113. Lasting improvements to family development. ment. travel. Sec. 5006. Aviation fuel. Sec. 2309. Plan for systems to provide direct Sec. 3114. Consumer complaint process im- Sec. 5007. Comprehensive Aviation Prepared- warnings of potential runway provement. ness Plan. incursions. Sec. 3115. Online access to aviation con- Sec. 5008. Advanced Materials Center of Ex- Sec. 2310. Laser pointer incidents. sumer protection information. cellence. Sec. 2311. Helicopter air ambulance oper- Sec. 3116. Study on in cabin wheelchair re- Sec. 5009. Interference with airline employ- ations data and reports. straint systems. ees. Sec. 2312. Part 135 accident and incident Sec. 3117. Training policies regarding assist- Sec. 5010. Secondary cockpit barriers. data. ance for persons with disabil- Sec. 5011. GAO evaluation and audit. Sec. 5012. Federal Aviation Administration Sec. 2313. Definition of human factors. ities. performance measures and tar- Sec. 2314. Sense of Congress; pilot in com- Sec. 3118. Advisory committee on the air gets. mand authority. travel needs of passengers with Sec. 5013. Staffing of certain air traffic con- Sec. 2315. Enhancing ASIAS. disabilities. Sec. 2316. Improving runway safety. trol towers. Sec. 3119. Report on covered air carrier Sec. 5014. Critical airfield markings. Sec. 2317. Safe air transportation of lithium change, cancellation, and bag- cells and batteries. Sec. 5015. Research and deployment of cer- gage fees. tain airfield pavement tech- Sec. 2318. Prohibition on implementation of Sec. 3120. Enforcement of aviation consumer policy change to permit small, nologies. protection rules. Sec. 5016. Report on general aviation flight non-locking knives on aircraft. Sec. 3121. Dimensions for passenger seats. sharing. Sec. 2319. Aircraft cabin evacuation proce- Sec. 3122. Cell phone voice communications. Sec. 5017. Increase in duration of general dures. Sec. 3123. Availability of slots for new en- aviation aircraft registration. Sec. 2320. GAO study of universal deploy- trant air carriers at Newark Sec. 5018. Modification of limitation of li- ment of advanced imaging tech- Liberty International Airport. ability relating to aircraft. nologies. Subtitle B—Essential Air Service Sec. 5019. Government Accountability Office Subtitle D—General Aviation Safety Sec. 3201. Essential air service. study of illegal drugs seized at Sec. 2401. Automated weather observing sys- Sec. 3202. Small community air service de- international airports in the tems policy. velopment program. United States. Sec. 2402. Tower marking. Sec. 3203. Small community program Sec. 5020. Sense of Congress on preventing Sec. 2403. Crash-resistant fuel systems. amendments. the transportation of disease- Sec. 2404. Requirement to consult with Sec. 3204. Waivers. carrying mosquitoes and other stakeholders in defining scope Sec. 3205. Working group on improving air insects on commercial aircraft. and requirements for Future service to small communities. Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex Flight Service Program. TITLE IV—NEXTGEN AND FAA Sec. 2405. Heads-up guidance system tech- program. ORGANIZATION Sec. 5022. Report on plans for air traffic con- nologies. Sec. 4001. Definitions. trol facilities in the New York Subtitle E—General Provisions Subtitle A—Next Generation Air City and Newark region. Sec. 2501. Designated agency safety and Transportation System Sec. 5023. GAO study of international airline alliances. health officer. Sec. 4101. Return on investment assessment. Sec. 5024. Treatment of multi-year lessees of Sec. 2502. Repair stations located outside Sec. 4102. Ensuring FAA readiness to use large and turbine-powered mul- United States. new technology. tiengine aircraft. Sec. 2503. FAA technical training. Sec. 4103. NextGen annual performance Sec. 2504. Safety critical staffing. Sec. 5025. Evaluation of emerging tech- goals. nologies. Sec. 2505. Approach control radar in all air Sec. 4104. Facility outage contingency traffic control towers. Sec. 5026. Student outreach report. plans. Sec. 5027. Right to privacy when using air Sec. 2506. Airspace management advisory Sec. 4105. ADS–B mandate assessment. committee. traffic control system. Sec. 4106. Nextgen interoperability. Sec. 5028. Conduct of security screening by Subtitle F—Third Class Medical Reform and Sec. 4107. NextGen transition management. the Transportation Security General Aviation Pilot Protections Sec. 4108. Implementation of NextGen oper- Administration at certain air- Sec. 2601. Short title. ational improvements. ports. Sec. 2602. Medical certification of certain Sec. 4109. Cybersecurity. Sec. 5029. Aviation cybersecurity. small aircraft pilots. Sec. 4110. Securing aircraft avionics sys- Sec. 5030. Prohibitions against smoking on Sec. 2603. Expansion of pilot’s bill of rights. tems. passenger flights. Sec. 2604. Limitations on reexamination of Sec. 4111. Defining NextGen. Sec. 5031. National multimodal freight advi- certificate holders. Sec. 4112. Human factors. sory committee. Sec. 2605. Expediting updates to notam pro- Sec. 4113. Major acquisition reports. Sec. 5032. Technical and conforming amend- gram. Sec. 4114. Equipage mandates. ments. Sec. 2606. Accessibility of certain flight Sec. 4115. Workforce. Sec. 5033. Visible Deterrent. data. Sec. 4116. Architectural leadership. Sec. 5034. Law enforcement training for Sec. 2607. Authority for legal counsel to Sec. 4117. Programmatic risk management. mass casualty and active shoot- issue certain notices. Sec. 4118. NextGen prioritization. er incidents. Sec. 5035. Assistance to airports and surface TITLE III—AIR SERVICE IMPROVEMENTS Subtitle B—Administration Organization and Employees transportation systems. Sec. 3001. Definitions. Sec. 5036. Authorization of certain flights by Sec. 4201. Cost-saving initiatives. Stage 2 airplanes. Subtitle A—Passenger Air Service Sec. 4202. Treatment of essential employees Improvements during furloughs. TITLE VI—TRANSPORTATION SECURITY Sec. 3101. Causes of airline delays or can- Sec. 4203. Controller candidate interviews. AND TERRORISM PREVENTION cellations. Sec. 4204. Hiring of air traffic controllers. Subtitle A—Airport Security Enhancement Sec. 3102. Involuntary changes to Sec. 4205. Computation of basic annuity for and Oversight Act itineraries. certain air traffic controllers. Sec. 6101. Short title.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0655 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1936 CONGRESSIONAL RECORD — SENATE April 12, 2016 Sec. 6102. Findings. paragraph (1) by striking ‘‘July 15, 2016’’ and mit to Congress a report on the number of Sec. 6103. Definitions. inserting ‘‘September 30, 2017’’. new small business concerns owned and con- Sec. 6104. Threat assessment. SEC. 1002. AIR NAVIGATION FACILITIES AND trolled by socially and economically dis- Sec. 6105. Oversight. EQUIPMENT. advantaged individuals, including those Sec. 6106. Credentials. Section 48101(a) is amended by striking owned by veterans, that participated in the Sec. 6107. Vetting. paragraphs (1) through (5) and inserting the programs and activities funded using the Sec. 6108. Metrics. following: amounts made available under this Act. Sec. 6109. Inspections and assessments. ‘‘(1) $2,855,241,025 for fiscal year 2016. (2) NEW SMALL BUSINESS CONCERNS.—For Sec. 6110. Covert testing. ‘‘(2) $2,862,020,524 for fiscal year 2017.’’. purposes of paragraph (1), a new small busi- Sec. 6111. Security directives. ness concern is a small business concern that Sec. 6112. Implementation report. SEC. 1003. FAA OPERATIONS. did not participate in the programs and ac- Sec. 6113. Miscellaneous amendments. (a) IN GENERAL.—Section 106(k)(1) is amended by striking subparagraphs (A) tivities described in paragraph (1) in a pre- Subtitle B—TSA PreCheck Expansion Act through (E) and inserting the following: vious fiscal year. Sec. 6201. Short title. ‘‘(A) $9,910,009,314 for fiscal year 2016; and (3) CONTENTS.—The report shall include— Sec. 6202. Definitions. ‘‘(B) $10,025,361,111 for fiscal year 2017.’’. (A) a list of the top 25 and bottom 25 large Sec. 6203. PreCheck Program authorization. (b) AUTHORIZED EXPENDITURES.—Section and medium hub airports in terms of pro- Sec. 6204. PreCheck Program enrollment ex- 106(k)(2) is amended by striking ‘‘for fiscal viding opportunities for small business con- pansion. years 2012 through 2015’’ each place it ap- cerns owned and controlled by socially and Subtitle C—Securing Aviation From Foreign pears and inserting ‘‘for fiscal years 2016 economically disadvantaged individuals to Entry Points and Guarding Airports through 2017’’. participate in the programs and activities Through Enhanced Security Act of 2016 (c) AUTHORITY TO TRANSFER FUNDS.—Sec- funded using the amounts made available Sec. 6301. Short title. tion 106(k)(3) is amended by striking ‘‘2012 under this Act; Sec. 6302. Last point of departure airport se- through 2015 and for the period beginning on (B) the results of an assessment, to be con- curity assessment. October 1, 2015, and ending on July 15, 2016’’ ducted by the Inspector General, on the rea- Sec. 6303. Security coordination enhance- and inserting ‘‘2016 through 2017’’. sons why the top airports have been success- ment plan. SEC. 1004. FAA RESEARCH AND DEVELOPMENT. ful in providing such opportunities; and Sec. 6304. Workforce assessment. Section 48102 is amended— (C) recommendations to the Administrator Sec. 6305. Donation of screening equipment (1) in subsection (a)— of the Federal Aviation Administration and to protect the United States. (A) in the matter preceding paragraph (1)— Congress on methods for other airports to Sec. 6306. National cargo security program. (i) by striking ‘‘44511-44513’’ and inserting achieve results similar to those of the top Subtitle D—Miscellaneous ‘‘44512-44513’’; and airports. Sec. 6401. International training and capac- (ii) by striking ‘‘and, for each of fiscal (d) EXTENSION OF PILOT PROGRAM FOR RE- ity development. years 2012 through 2015, under subsection DEVELOPMENT OF AIRPORT PROPERTIES.—Sec- Sec. 6402. Checkpoints of the future. (g)’’; tion 822(k) of the FAA Modernization and (B) in paragraph (8), by striking ‘‘; and’’ Reform Act of 2012 (49 U.S.C. 47141 note) is TITLE VII—AIRPORT AND AIRWAY amended by striking ‘‘July 15, 2016’’ and in- and inserting a semicolon; and TRUST FUND PROVISIONS AND RE- serting ‘‘September 30, 2017’’. LATED TAXES (C) by striking paragraph (9) and inserting the following: Subtitle B—Airport Improvement Program Sec. 7101. Expenditure authority from Air- Modifications port and Airway Trust Fund. ‘‘(9) $166,000,000 for fiscal year 2016; and Sec. 7102. Extension of taxes funding Airport ‘‘(10) $169,000,000 for fiscal year 2017.’’; and SEC. 1201. SMALL AIRPORT REGULATION RELIEF. Section 47114(c)(1)(F) is amended to read as and Airway Trust Fund. (2) in subsection (b), by striking paragraph (3). follows: SEC. 2. REFERENCES TO TITLE 49, UNITED ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2016 STATES CODE. SEC. 1005. FUNDING FOR AVIATION PROGRAMS. THROUGH 2017.—Notwithstanding subpara- Except as otherwise expressly provided, (a) AIRPORT AND AIRWAY TRUST FUND graph (A), the Secretary shall apportion to a wherever in this Act an amendment or repeal GUARANTEE.—Section 48114(a)(1)(A) is amend- sponsor of an airport under that subpara- is expressed in terms of an amendment to, or ed to read as follows: graph for each of fiscal years 2016 through repeal of, a section or other provision, the ‘‘(A) IN GENERAL.—The total budget re- 2017 an amount based on the number of pas- reference shall be considered to be made to a sources made available from the Airport and senger boardings at the airport during cal- section or other provision of title 49, United Airway Trust Fund each fiscal year under endar year 2012 if the airport— States Code. sections 48101, 48102, 48103, and 106(k)— ‘‘(i) had 10,000 or more passenger boardings SEC. 3. DEFINITION OF APPROPRIATE COMMIT- ‘‘(i) shall in each of fiscal years 2016 through 2017, be equal to the sum of— during calendar year 2012; TEES OF CONGRESS. ‘‘(ii) had fewer than 10,000 passenger In this Act, unless expressly provided oth- ‘‘(I) 90 percent of the estimated level of re- ceipts plus interest credited to the Airport boardings during the calendar year used to erwise, the term ‘‘appropriate committees of calculate the apportionment for fiscal year Congress’’ means the Committee on Com- and Airway Trust Fund for that fiscal year; and 2016 or 2017 under subparagraph (A); and merce, Science, and Transportation of the ‘‘(iii) had scheduled air service in the cal- Senate and the Committee on Transpor- ‘‘(II) the actual level of receipts plus inter- est credited to the Airport and Airway Trust endar year used to calculate the apportion- tation and Infrastructure of the House of ment.’’. Representatives. Fund for the second preceding fiscal year SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION SEC. 4. EFFECTIVE DATE. minus the total amount made available for obligation from the Airport and Airway PROJECTS IN COLD WEATHER Except as otherwise expressly provided, STATES. Trust Fund for the second preceding fiscal this Act and the amendments made by this (a) IN GENERAL.—The Administrator of the year; and Act shall take effect on the date of enact- Federal Aviation Administration, to the ex- ment of this Act. ‘‘(ii) may be used only for the aviation in- tent practicable, shall schedule the Adminis- vestment programs listed in subsection TITLE I—AUTHORIZATIONS trator’s review of construction projects so (b)(1).’’. that projects to be carried out in the States Subtitle A—Funding of FAA Programs (b) ENFORCEMENT OF GUARANTEES.—Section in which the weather during a typical cal- SEC. 1001. AIRPORT PLANNING AND DEVELOP- 48114(c)(2) is amended by striking ‘‘2016’’ and endar year prevents major construction MENT AND NOISE COMPATIBILITY inserting ‘‘2017’’. projects from being carried out before May 1 PLANNING AND PROGRAMS. SEC. 1006. EXTENSION OF EXPIRING AUTHORI- are reviewed as early as possible. (a) AUTHORIZATION.—Section 48103(a) is TIES. (b) REPORT.—The Administrator shall up- amended by striking ‘‘section 47505(a)(2), and (a) MARSHALL ISLANDS, MICRONESIA, AND date the appropriate committees of Congress carrying out noise compatibility programs PALAU.—Section 47115(j) is amended by strik- annually on the effectiveness of the review under section 47504(c) $3,350,000,000 for each ing ‘‘2015 and for the period beginning on Oc- and prioritization. of fiscal years 2012 through 2015 and tober 1, 2015, and ending on July 15, 2016,’’ SEC. 1203. STATE BLOCK GRANTS UPDATES. $2,652,083,333 for the period beginning on Oc- and inserting ‘‘2017’’. Section 47128(a) is amended by striking ‘‘9 tober 1, 2015, and ending on July 15, 2016’’ and (b) EXTENSION OF COMPATIBLE LAND USE qualified States for fiscal years 2000 and 2001 inserting ‘‘section 47505(a)(2), carrying out PLANNING AND PROJECTS BY STATE AND LOCAL and 10 qualified States for each fiscal year noise compatibility programs under section GOVERNMENTS.—Section 47141(f) is amended thereafter’’ and inserting ‘‘15 qualified 47504(c), for an airport cooperative research by striking ‘‘July 15, 2016’’ and inserting States for fiscal year 2016 and each fiscal program under section 44511, for Airports ‘‘September 30, 2017’’. year thereafter’’. Technology-Safety research, and Airports (c) INSPECTOR GENERAL REPORT ON PARTICI- SEC. 1204. CONTRACT TOWER PROGRAM UP- Technology-Efficiency research, $3,350,000,000 PATION IN FAA PROGRAMS BY DISADVANTAGED DATES. for fiscal year 2016 and $3,750,000,000 for fiscal SMALL BUSINESS CONCERNS.— (a) SPECIAL RULE.—Section 47124(b)(1)(B) is year 2017’’. (1) IN GENERAL.—For each of fiscal years amended by striking ‘‘after such determina- (b) OBLIGATIONAL AUTHORITY.—Section 2016 through 2017, the Inspector General of tion is made’’ and inserting ‘‘after the end of 47104(c) is amended in the matter preceding the Department of Transportation shall sub- the period described in subsection (d)(6)(C)’’.

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(b) CONTRACT AIR TRAFFIC CONTROL TOWER knowledge and account for any direct or in- (g) SAVINGS PROVISION.—Notwithstanding COST-SHARE PROGRAM; FUNDING.—Section direct factors that are not included in the the amendments made by this section, the 47124(b)(3)(E) is amended to read as follows: criteria the Secretary used in calculating towers for which assistance is being provided ‘‘(E) FUNDING.—Of the amounts appro- the benefit-to-cost ratio. under section 41724 of title 49, United States priated under section 106(k)(1), such sums as ‘‘(6) PROCEDURES.—The Secretary shall es- Code, on the day before the date of enact- may be necessary may be used to carry out tablish procedures— ment of this Act may continue to be pro- this paragraph.’’. ‘‘(A) to allow an airport or the State or po- vided such assistance under the terms of (c) CAP ON FEDERAL SHARE OF COST OF CON- litical subdivision of a State having jurisdic- that section as in effect on that day. STRUCTION.—Section 47124(b)(4)(C) is amend- tion over the airport where the tower is lo- SEC. 1205. APPROVAL OF CERTAIN APPLICA- ed by striking ‘‘$2,000,000’’ and inserting cated not less than 90 days following the re- TIONS FOR THE CONTRACT TOWER ‘‘$4,000,000’’. ceipt of an initial benefit-to-cost ratio deter- PROGRAM. (d) COST BENEFIT RATIO REVISION.—Section mination from the Secretary— (a) IN GENERAL.—If the Administrator of 47124 is amended by adding at the end the ‘‘(i) to request the Secretary reconsider the Federal Aviation Administration has not following: that determination; and implemented a revised cost-benefit method- ‘‘(d) COST BENEFIT RATIOS.— ‘‘(ii) to submit updated or additional data ology for purposes of determining eligibility ‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER to the Secretary in support of the reconsid- for the Contract Tower Program before the PROGRAM AT COST-SHARE AIRPORTS.—Begin- eration; date that is 30 days after the date of enact- ning on the date of enactment of the Federal ‘‘(B) to allow the Secretary not more than ment of this Act, any air traffic control Aviation Administration Reauthorization 90 days to review the data submitted under tower with an application for participation Act of 2016, if an air traffic control tower is subparagraph (A)(ii) and respond to the re- in the Contract Tower Program pending as of operating under the Cost-share Program, the quest under subparagraph (A)(i); January 1, 2016, shall be approved for partici- Secretary shall annually calculate a new ‘‘(C) to allow the airport, State, or polit- pation in the Contract Tower Program if the benefit-to-cost ratio for the tower. ical subdivision of a State, as applicable, 30 Administrator determines the tower is eligi- ‘‘(2) CONTRACT TOWER PROGRAM AT NON- days following the date of the response under ble under the criteria set forth in the Fed- eral Aviation Administration report, Estab- COST-SHARE AIRPORTS.—Beginning on the subparagraph (B) to review the response be- lishment and Discontinuance Criteria for date of enactment of the Federal Aviation fore any action is taken based on a benefit- Airport Traffic Control Towers, dated Au- Administration Reauthorization Act of 2016, to-cost determination; and gust 1990 (FAA–APO–90–7). if a tower is operating under the Contract ‘‘(D) to provide, after the end of the period (b) REQUESTS FOR ADDITIONAL AUTHORITY.— Tower Program and continued under sub- described in subparagraph (C), an 18-month section (b)(1), the Secretary shall not cal- The Administrator shall respond not later grace period before cost-share payments are culate a new benefit-to-cost ratio for the than 30 days after the date the Adminis- due from the airport, State, or political sub- tower unless the annual aircraft traffic at trator receives a formal request from an air- division of a State if as a result of the ben- the airport where the tower is located de- port and air traffic control contractor for ad- efit-to-cost ratio determination the airport, creases by more than 25 percent from the ditional authority to expand contract tower State, or political subdivision, as applicable, previous year or by more than 60 percent operational hours and staff to accommodate is required to transition to the Cost-share over a 3-year period. flight traffic outside of current tower oper- Program. ‘‘(3) CONSIDERATIONS.—In establishing a ational hours. ‘‘(e) DEFINITIONS.—In this section: (c) DEFINITION OF CONTRACT TOWER PRO- benefit-to-cost ratio under paragraph (1) or ‘‘(1) CONTRACT TOWER PROGRAM.—The term GRAM.—In this section, the term ‘‘Contract paragraph (2), the Secretary may consider ‘Contract Tower Program’ means the level I Tower Program’’ has the meaning given the only the following costs: air traffic control tower contract program term in section 47124(e) of title 49, United ‘‘(A) The Federal Aviation Administra- established under subsection (a) and contin- States Code. tion’s actual cost of wages and benefits of ued under subsection (b)(1). SEC. 1206. REMOTE TOWERS. personnel working at the tower. ‘‘(2) COST-SHARE PROGRAM.—The term (a) PILOT PROGRAM.— ‘‘(B) The Federal Aviation Administra- ‘Cost-share Program’ means the cost-share (1) ESTABLISHMENT.—The Administrator of tion’s actual telecommunications costs of program established under subsection the Federal Aviation Administration shall the tower. (b)(3).’’. establish— ‘‘(C) Relocation and replacement costs of (e) CONFORMING AMENDMENTS.—Section (A) in consultation with airport operators equipment of the Federal Aviation Adminis- 47124(b) is amended— and general aviation users, a pilot program tration associated with the tower, if paid for (1) in paragraph (1)(C), by striking ‘‘the at public-use airports to construct and oper- by the Federal Aviation Administration. program established under paragraph (3)’’ ate remote towers; and ‘‘(D) Logistics, such as direct costs associ- and inserting ‘‘the Cost-share Program’’; (B) a selection process for participation in ated with establishing or updating the tow- (2) in paragraph (3)— the pilot program. er’s interface with other systems and equip- (A) in the heading, by striking ‘‘CONTRACT (2) SAFETY CONSIDERATIONS.—In estab- ment of the Federal Aviation Administra- AIR TRAFFIC CONTROL TOWER PROGRAM’’ and lishing the pilot program, the Administrator tion, if paid for by the Federal Aviation Ad- inserting ‘‘COST-SHARE PROGRAM’’; shall consult with operators of remote tow- ministration. (B) in subparagraph (A), by striking ‘‘con- ers in foreign countries to design the pilot ‘‘(4) EXCLUSIONS.—In establishing a benefit- tract tower program established under sub- program in a manner that leverages as many to-cost ratio under paragraph (1) or para- section (a) and continued under paragraph (1) safety and airspace efficiency benefits as graph (2), the Secretary may not consider (in this paragraph referred to as the ‘Con- possible. the following costs: tract Tower Program’)’’ and inserting ‘‘Con- (3) REQUIREMENTS.—In selecting the air- ‘‘(A) Airway facilities costs, including tract Tower Program’’; ports for participation in the pilot program, labor and other costs associated with main- (C) in subparagraph (B), by striking ‘‘In the Administrator shall— taining and repairing the systems and equip- carrying out the program’’ and inserting ‘‘In (A) to the extent practicable, ensure that ment of the Federal Aviation Administra- carrying out the Cost-share Program’’; at least 2 different vendors of remote tower tion. (D) in subparagraph (C), by striking ‘‘par- systems participate; ‘‘(B) Costs for depreciating the building ticipate in the program’’ and inserting ‘‘par- (B) include at least 1 airport currently in and equipment owned by the Federal Avia- ticipate in the Cost-share Program’’; the Contract Tower Program and at least 1 tion Administration. (E) in subparagraph (D), by striking ‘‘under airport that does not have an air traffic con- ‘‘(C) Indirect overhead costs of the Federal the program’’ and inserting ‘‘under the Cost- trol tower; and Aviation Administration. share Program’’; and (C) clearly identify the research questions ‘‘(D) Costs for utilities, janitorial, and (F) in subparagraph (F), by striking ‘‘the that will be addressed at each airport. other services paid for or provided by the air- program continued under paragraph (1)’’ and (4) RESEARCH.—In selecting an airport for port or the State or political subdivision of inserting ‘‘the Contract Tower Program’’; participation in the pilot program, the Ad- a State having jurisdiction over the airport and ministrator shall consider— where the tower is located. (3) in paragraph (4)(B)(i)(I), by striking (A) how inclusion of that airport will add ‘‘(E) The cost of new or replacement equip- ‘‘contract tower program established under research value to assist the Administrator in ment, or construction of a new or replace- subsection (a) and continued under para- evaluating the feasibility, safety, and cost- ment tower, if the costs incurred were in- graph (1) or the pilot program established benefits of remote towers; curred by the airport or the State or polit- under paragraph (3)’’ and inserting ‘‘Con- (B) the amount and variety of air traffic at ical subdivision of a State having jurisdic- tract Tower Program or the Cost-share Pro- an airport; and tion over the airport where the tower is or gram’’. (C) the costs and benefits of including that will be located. (f) EXEMPTION.—Section 47124(b)(3)(D) is airport. ‘‘(F) Other expenses of the Federal Avia- amended by adding at the end the following: (5) DATA.—The Administrator shall clearly tion Administration not directly associated ‘‘Airports with both Part 121 air service and identify and collect air traffic control infor- with the actual operation of the tower. more than 25,000 passenger enplanements in mation and data from participating airports ‘‘(5) MARGIN OF ERROR.—The Secretary calendar year 2014 shall be exempt from any that will assist the Administrator in evalu- shall add a 5 percent margin of error to a cost share requirement under the Cost-share ating the feasibility, safety, and cost-bene- benefit-to-cost ratio determination to ac- Program.’’. fits of remote towers.

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(6) REPORT.—Not later than 1 year after (b) TECHNICAL AND CONFORMING AMEND- ‘‘§ 47143. Non-movement area surveillance the date the first remote tower is oper- MENTS.—The table of contents for chapter 471 surface display systems pilot program ational, and annually thereafter, the Admin- is amended by striking the item relating to ‘‘(a) IN GENERAL.—The Administrator of istrator shall submit to the appropriate com- section 47136 and inserting the following: the Federal Aviation Administration may mittees of Congress a report— ‘‘47136. [Reserved].’’. carry out a pilot program to support non- (A) detailing any benefits, costs, or safety SEC. 1210. MODIFICATION OF ZERO-EMISSION Federal acquisition and installation of quali- improvements associated with the use of the AIRPORT VEHICLES AND INFRA- fying non-movement area surveillance sur- remote towers; and STRUCTURE PILOT PROGRAM. face display systems and sensors if— (B) evaluating the feasibility of using re- Section 47136a is amended— ‘‘(1) the Administrator determines that ac- mote towers, particularly in the Contract (1) in subsection (a), by striking ‘‘, includ- quisition and installation of qualifying non- Tower Program and for airports without any ing’’ and inserting ‘‘used exclusively for movement area surveillance surface display air traffic control tower, or to improve safe- transporting passengers on-airport or for em- systems and sensors improve safety or capac- ty at airports with towers. ployee shuttle buses within the airport, in- ity in the National Airspace System; and (7) DEADLINE.—Not later than 1 year after cluding’’; and ‘‘(2) the non-movement area surveillance the date of enactment of this Act, the Ad- (2) in subsection (f), by inserting ‘‘, as in surface display systems and sensors are sup- ministrator shall select airports for partici- effect on the day before the date of enact- plemental to existing movement area sys- pation in the pilot program. ment of the Federal Aviation Administration tems and sensors at the selected airports es- (8) DEFINITIONS.—In this subsection: Reauthorization Act of 2016,’’ after ‘‘section tablished under other programs administered (A) CONTRACT TOWER PROGRAM.—The term 47136’’. by the Administrator. ‘‘Contract Tower Program’’ has the meaning SEC. 1211. REPEAL OF AIRPORT GROUND SUP- ‘‘(b) PROJECT GRANTS.— given the term in section 47124(e) of title 49, PORT EQUIPMENT EMISSIONS RET- ‘‘(1) IN GENERAL.—For purposes of carrying United States Code. ROFIT PILOT PROGRAM. out the pilot program, the Administrator (B) REMOTE TOWER.—The term ‘‘remote (a) REPEAL.—Section 47140 is repealed. may make a project grant out of funds ap- tower’’ means a system whereby air traffic (b) TECHNICAL AND CONFORMING AMEND- portioned under paragraph (1) or paragraph services are provided to operators at an air- MENTS.—The table of contents for chapter 471 (2) of section 47114(c) to not more than 5 eli- port from a location that may not be on or is amended by striking the item relating to gible sponsors to acquire and install quali- near the airport. section 47140 and inserting the following: fying non-movement area surveillance sur- (b) AIP FUNDING ELIGIBILITY.—For pur- ‘‘47140. [Reserved].’’. face display systems and sensors. The Ad- poses of the pilot program under subsection SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ministrator may distribute not more than (a), and after certificated systems are avail- ENERGY EFFICIENCY ASSESSMENTS. $2,000,000 per sponsor from the discretionary able, constructing a remote tower or acquir- (a) COST REIMBURSEMENTS.—Section fund. The airports selected to participate in ing and installing air traffic control, com- 47140a(a) is amended by striking ‘‘airport.’’ the pilot program shall have existing Fed- munications, or related equipment for a re- and inserting ‘‘airport, and to reimburse the eral Aviation Administration movement mote tower shall be considered airport devel- airport sponsor for the costs incurred in con- area systems and airlines that are partici- opment (as defined in section 47102 of title 49, ducting the assessment.’’. pants in Federal Aviation Administration’s United States Code) for purposes of sub- (b) SAFETY PRIORITY.—Section 47140a(b)(2) Airport Collaborative Decision Making proc- chapter I of chapter 471 of that title if com- is amended by inserting ‘‘, including a cer- ess. ponents are installed and used at the airport, tification that no safety projects would be ‘‘(2) PROCEDURES.—In accordance with the except for off-airport sensors installed on deferred by prioritizing a grant under this authority under section 106, the Adminis- leased towers, as needed. section,’’ after ‘‘an application’’. trator may establish procurement proce- SEC. 1207. MIDWAY ISLAND AIRPORT. SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS dures applicable to grants issued under this Section 186(d) of the Vision 100—Century of AT UNCLASSIFIED AIRPORTS. subsection. The procedures may permit the Aviation Reauthorization Act (Public Law Section 47106(a) is amended— sponsor to carry out the project with vendors 108–176; 117 Stat. 2518) is amended by striking (1) in paragraph (5), by striking ‘‘; and’’ and that have been accepted in the procurement ‘‘and for the period beginning on October 1, inserting a semicolon; procedure or using Federal Aviation Admin- 2015, and ending on July 15, 2016,’’ and insert- (2) in paragraph (6)— istration contracts. The procedures may pro- ing ‘‘and for fiscal years 2016 through 2017’’. (A) in the matter preceding subparagraph vide for the direct reimbursement (including SEC. 1208. AIRPORT ROAD FUNDING. (A), by striking ‘‘for an airport that has an administrative costs) of the Administrator (a) AIRPORT DEVELOPMENT GRANT ASSUR- airport master plan, the master plan ad- by the sponsor using grant funds under this ANCES.—Section 47107(b) is amended by add- dresses’’ and inserting ‘‘a master plan subsection, for the ordering of system-re- ing at the end the following: project, it will address’’; and lated equipment and its installation, or for ‘‘(4) This subsection does not prevent the (B) in subparagraph (E), by striking the pe- the direct ordering of system-related equip- use of airport revenue for the maintenance riod at the end and inserting ‘‘; and’’; and ment and its installation by the sponsor, and improvement of the on-airport portion of (3) by adding at the end the following: using such grant funds, from the suppliers a surface transportation facility providing ‘‘(7) if the project is at an unclassified air- with which the Administrator has con- access to an airport and non-airport loca- port, the project will be funded with an tracted. tions if the surface transportation facility is amount apportioned under subsection ‘‘(3) DATA EXCHANGE PROCESSES.—The Ad- owned or operated by the airport owner or 47114(d)(3)(B) and is— ministrator may establish data exchange operator and the use of airport revenue is ‘‘(A) for maintenance of the pavement of processes to allow airport participation in prorated to airport use and limited to por- the primary runway; the Federal Aviation Administration’s Air- tions of the facility located on the airport. ‘‘(B) for obstruction removal for the pri- port Collaborative Decision Making process The Secretary shall determine the maximum mary runway; and fusion of the non-movement surveillance percentage contribution of airport revenue ‘‘(C) for the rehabilitation of the primary data with the Administration’s movement toward surface transportation facility main- runway; or area systems. tenance or improvement, taking into consid- ‘‘(D) a project that the Secretary considers ‘‘(c) DEFINITIONS.—In this section: eration the current and projected use of the necessary for the safe operation of the air- ‘‘(1) NON-MOVEMENT AREA.—The term ‘non- surface transportation facility located on port.’’. movement area’ is the portion of the airfield the airport for airport and non-airport pur- SEC. 1214. TRANSFERS OF INSTRUMENT LANDING surface that is not under the control of air poses. The de minimus use, as determined by SYSTEMS. traffic control. the Secretary, of a surface transportation fa- Section 44502(e) is amended by striking the ‘‘(2) NON-MOVEMENT AREA SURVEILLANCE cility for non-airport purposes shall not re- first sentence and inserting ‘‘An airport may SURFACE DISPLAY SYSTEM AND SENSORS.—The quire prorating.’’. transfer, without consideration, to the Ad- term ‘non-movement area surveillance sur- (b) RESTRICTIONS ON THE USE OF AIRPORT ministrator of the Federal Aviation Admin- face display system and sensors’ is a non- REVENUE.—Section 47133(c) is amended— istration an instrument landing system con- Federal surveillance system that uses on-air- (1) by inserting ‘‘(1)’’ before ‘‘Nothing’’ and sisting of a glide slope and localizer that port sensors that track vehicles or aircraft indenting appropriately; and conforms to performance specifications of that are equipped with transponders in the (2) by adding at the end the following: the Administrator if an airport improvement non-movement area. ‘‘(2) Nothing in this section may be con- project grant was used to assist in pur- ‘‘(3) QUALIFYING NON-MOVEMENT AREA SUR- strued to prevent the use of airport revenue chasing the system, and if the Federal Avia- VEILLANCE SURFACE DISPLAY SYSTEM AND SEN- for the prorated maintenance and improve- tion Administration has determined that a SORS.—The term ‘qualifying non-movement ment costs of the on-airport portion of the satellite navigation system cannot provide a area surveillance surface display system and surface transportation facility, subject to suitable approach.’’. sensors’ is a non-movement area surveillance the provisions of section 47107(b)(4).’’. SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE surface display system that— SEC. 1209. REPEAL OF INHERENTLY LOW-EMIS- PILOT PROGRAM. ‘‘(A) provides the required transmit and re- SION AIRPORT VEHICLE PILOT PRO- (a) IN GENERAL.—Subchapter I of chapter ceive data formats consistent with the Na- GRAM. 471 is amended by adding at the end the fol- tional Airspace System architecture at the (a) REPEAL.—Section 47136 is repealed. lowing: appropriate service delivery point;

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‘‘(B) is on-airport; and ‘‘(31) ‘unclassified airport’ means a nonpri- (c) REPORT ON GOLDEN TRIANGLE INITIATIVE ‘‘(C) is airport operated.’’. mary airport that is included in the National OF NOAA.— (b) TECHNICAL AND CONFORMING AMEND- Plan of Integrated Airport Systems that is (1) REPORT REQUIRED.—Not later than 1 MENTS.—The table of contents of chapter 471 not categorized by the Administrator of the year after the date of enactment of this Act, is amended by inserting after the item relat- Federal Aviation Administration in the most the Administrator of the National Oceanic ing to section 47142 the following: current report entitled General Aviation Air- and Atmospheric Administration and the Ad- ‘‘47143. Non-movement area surveillance sur- ports: A National Asset.’’. ministrator of the Federal Aviation Admin- face display systems pilot pro- SEC. 1217. CLARIFICATION OF NOISE EXPOSURE istration shall jointly submit to the appro- gram.’’. MAP UPDATES. priate committees of Congress a report on SEC. 1216. AMENDMENTS TO DEFINITIONS. Section 47503(b) is amended— the Golden Triangle Initiative of the Na- Section 47102 is amended— (1) by striking ‘‘a change in the operation tional Oceanic and Atmospheric Administra- (1) by redesignating paragraphs (10) of the airport would establish’’ and inserting tion. through (28) as paragraphs (12) through (30), ‘‘there is a change in the operation of the (2) ELEMENTS.—The report shall include respectively; airport that would establish’’; and the following: (A) An assessment of the impacts of en- (2) by redesignating paragraphs (7) through (2) by inserting after ‘‘reduction’’ the fol- hanced aviation forecast services provided as (9) as paragraphs (8) through (10), respec- lowing: ‘‘if the change has occurred during part of the Golden Triangle Initiative on tively; the longer of— weather-related air traffic delays. (3) in paragraph (3)— ‘‘(1) the noise exposure map period forecast (B) A description of the costs of providing (A) in subparagraph (B)— by the airport operator under subsection (a); such enhanced aviation forecast services. (i) by redesignating clauses (iii) through or (C) A description of potential alternative (x) as clauses (iv) through (xi), respectively; ‘‘(2) the implementation timeframe of the mechanisms to provide enhanced aviation and operator’s noise compatibility program’’. forecast services comparable to such en- (ii) by striking clause (ii) and inserting the SEC. 1218. PROVISION OF FACILITIES. hanced aviation forecast services for airports following: Section 44502 is amended by adding at the in rural or low population density areas. ‘‘(II) security equipment owned and oper- end the following: SEC. 1220. FEDERAL SHARE ADJUSTMENT. ated by the airport, including explosive de- ‘‘(f) AIRPORT SPACE.— Section 47109(a)(5) is amended to read as tection devices, universal access control sys- ‘‘(1) RESTRICTION.—The Administrator may follows: tems, perimeter fencing, and emergency call not require an airport owner or sponsor (as defined in section 47102) to provide to the ‘‘(5) 95 percent for a project at an airport boxes, which the Secretary may require by for which the United States Government’s Federal Aviation Administration without regulation for, or approve as contributing share would otherwise be capped at 90 per- cost any of the following: significantly to, the security of individuals cent under paragraph (2) or paragraph (3) if ‘‘(A) Building construction, maintenance, and property at the airport; the Administrator determines that the utilities, or expenses for services relating to ‘‘(III) safety apparatus owned and operated project is a successive phase of a multi- air traffic control, air navigation, or weather by the airport, which the Secretary may re- phased construction project for which the reporting. quire by regulation for, or approve as con- sponsor received a grant in fiscal year 2011 or ‘‘(B) Space in a facility owned by the air- tributing significantly to, the safety of indi- earlier.’’. viduals and property at the airport, and inte- port owner or sponsor for services relating to air traffic control, air navigation, or weather SEC. 1221. MISCELLANEOUS TECHNICAL AMEND- grated in-pavement lighting systems for run- MENTS. reporting. ways and taxiways and other runway and (a) AIRPORT SECURITY PROGRAM.—Section taxiway incursion prevention devices;’’; ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 47137 is amended— (B) in subparagraph (K), by striking ‘‘such this subsection may be construed to affect— (1) in subsection (a), by striking ‘‘Trans- project will result in an airport receiving ap- ‘‘(A) any agreement the Secretary may portation’’ and inserting ‘‘Homeland Secu- propriate’’ and inserting ‘‘the airport would have or make with an airport owner or spon- rity’’; be able to receive’’; and sor for the airport owner or sponsor to pro- (2) in subsection (e), by striking ‘‘Home- (C) in subparagraph (L)— vide any of the items described in subpara- land Security’’ and inserting ‘‘Transpor- (i) by striking ‘‘or conversion of vehicles graph (A) or subparagraph (B) of paragraph tation’’; and and’’ and inserting ‘‘of vehicles used exclu- (1) at below-market rates; or (3) in subsection (g), by inserting ‘‘of sively for transporting passengers on-air- ‘‘(B) any grant assurance that requires an Transportation’’ after ‘‘Secretary’’ the first port, employee shuttle buses within the air- airport owner or sponsor to provide land to place it appears. port, or’’; the Administration without cost for an air (b) SECTION 516 PROPERTY CONVEYANCE RE- (ii) by striking ‘‘airport, to’’ and inserting traffic control facility.’’. LEASES.—Section 817(a) of the FAA Mod- ‘‘airport and equipped with’’; and SEC. 1219. CONTRACT WEATHER OBSERVERS. ernization and Reform Act of 2012 (49 U.S.C. (iii) by striking ‘‘7505a) and if such project (a) IN GENERAL.—Not later than 1 year 47125 note) is amended— will result in an airport receiving appro- after the date of enactment of this Act, the (1) by striking ‘‘or section 23’’ and insert- priate’’ and inserting ‘‘7505a)) and if the air- Administrator of the Federal Aviation Ad- ing ‘‘, section 23’’; and port would be able to receive’’; ministration shall submit to the appropriate (2) by inserting before the period at the end (4) in paragraph (5), by striking ‘‘regula- committees of Congress a report— the following: ‘‘, or section 47125 of title 49, tions’’ and inserting ‘‘requirements’’; (1) which includes public and stakeholder United States Code’’. (5) by inserting after paragraph (6) the fol- input, and examines all safety risks, hazard SEC. 1222. MOTHERS’ ROOMS AT AIRPORTS. lowing: effects, efficiency and operational effects on (a) LACTATION AREA DEFINED.—Section ‘‘(7) ‘categorized airport’ means a nonpri- airports, airlines, and other stakeholders 47102, as amended by section 1216 of this Act, mary airport that has an identified role in that could result from loss of contract is further amended— the National Plan of Integrated Airport Sys- weather observer service at the 57 airports (1) by redesignating paragraphs (12) tems.’’; targeted for the loss of this service; through (31) as paragraphs (13) through (32), (6) in paragraph (9), as redesignated, by (2) detailing how the Federal Aviation Ad- respectively; and striking ‘‘public’’ and inserting ‘‘public-use’’; ministration will accurately report rapidly (2) by inserting after paragraph (11) the fol- (7) by inserting after paragraph (10), as re- changing severe weather conditions at these lowing: designated, the following: airports, including thunderstorms, lightning, ‘‘(12) ‘lactation area’ means a room or ‘‘(11) ‘joint use airport’ means an airport fog, visibility, smoke, dust, haze, cloud lay- other location in a commercial service air- owned by the Department of Defense, at ers and ceilings, ice pellets, and freezing rain port that— which both military and civilian aircraft or drizzle without contract weather observ- ‘‘(A) provides a location for members of the make shared use of the airfield.’’; ers; public to express breast milk that is shielded (8) in paragraph (24), as redesignated, by (3) indicating how airports can comply from view and free from intrusion from the amending subparagraph (B)(i) to read as fol- with applicable Federal Aviation Adminis- public; lows: tration orders governing weather observa- ‘‘(B) has a door that can be locked; ‘‘(i) determined by the Secretary to have tions given the current documented limita- ‘‘(C) includes a place to sit, a table or other at least— tions of automated surface observing sys- flat surface, and an electrical outlet; ‘‘(I) 100 based aircraft that are currently tems; and ‘‘(D) is readily accessible to and usable by registered with the Federal Aviation Admin- (4) identifying the process through which individuals with disabilities, including indi- istration under chapter 445 of this title; and the Federal Aviation Administration ana- viduals who use wheelchairs; and ‘‘(II) 1 based jet aircraft that is currently lyzed the safety hazards associated with the ‘‘(E) is not located in a restroom.’’. registered with the Federal Aviation Admin- elimination of the contract weather observer (b) PROJECT GRANTS WRITTEN ASSURANCES istration where, for the purposes of this program. FOR LARGE AND MEDIUM HUB AIRPORTS.— clause, ‘based’ means the aircraft or jet air- (b) CONTINUED USE OF CONTRACT WEATHER (1) IN GENERAL.—Section 47107(a) is amend- craft overnights at the airport for the great- OBSERVERS.—The Administrator may not ed— er part of the year; or’’; and discontinue the contract weather observer (A) in paragraph (20), by striking ‘‘and’’ at (9) by adding at the end the following: program at any airport until October 1, 2017. the end;

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(B) in paragraph (21), by striking the pe- ‘‘(B) constructed or under construction, re- (b) PILOT PROGRAM FOR PASSENGER FACIL- riod at the end and inserting ‘‘; and’’; and pair, or restoration by a private individual ITY CHARGE AUTHORIZATIONS AT NONHUB AIR- (C) by adding at the end the following: at a general aviation airport.’’. PORTS.—Section 40117(l) is amended— ‘‘(22) with respect to a medium or large SEC. 1225. USE OF AIRPORT IMPROVEMENT PRO- (1) in the heading by striking ‘‘NONHUB’’ hub airport, the airport owner or operator GRAM FUNDS FOR RUNWAY SAFETY and inserting ‘‘CERTAIN’’; and will maintain a lactation area in each pas- REPAIRS. (2) in paragraph (1), by striking ‘‘nonhub’’ senger terminal building of the airport in the (a) IN GENERAL.—Subchapter I of chapter and inserting ‘‘nonhub, small hub, medium sterile area (as defined in section 1540.5 of 471, as amended by this subtitle, is further hub, and large hub’’. title 49, Code of Federal Regulations) of the amended by adding at the end the following: SEC. 1302. INTERMODAL ACCESS PROJECTS. building.’’. ‘‘§ 47144. Use of funds for repairs for runway Section 40117 is amended by adding at the (2) APPLICABILITY.— safety repairs end the following: (A) IN GENERAL.—The amendment made by ‘‘(n) PFC ELIGIBILITY FOR INTERMODAL ‘‘(a) IN GENERAL.—The Secretary of Trans- GROUND ACCESS PROJECTS.— paragraph (1) shall apply to a project grant portation may make project grants under application submitted for a fiscal year begin- ‘‘(1) IN GENERAL.—The Secretary may au- this subchapter to an airport described in thorize a passenger facility charge imposed ning on or after the date that is 2 years after subsection (b) from funds under section 47114 the date of enactment of this Act. under subsection (b)(1) to be used to finance apportioned to that airport or funds avail- the eligible capital costs of an intermodal (B) SPECIAL RULE.—The requirement in the able for discretionary grants to that airport amendments made by paragraph (1) that a ground access project. under section 47115 to conduct airport devel- ‘‘(2) DEFINITION OF INTERMODAL GROUND AC- lactation area be located in the sterile area opment to repair the runway safety area of of a passenger terminal building shall not CESS PROJECT.—In this subsection, the term the airport damaged as a result of a natural ‘intermodal ground access project’ means a apply with respect to a project grant applica- disaster in order to maintain compliance tion for a period of time, determined by the project for constructing a local facility with the regulations of the Federal Aviation owned or operated by an eligible agency Secretary of Transportation, if the Secretary Administration relating to runway safety determines that construction or mainte- that— areas, without regard to whether construc- ‘‘(A) is located on airport property; and nance activities make it impracticable or tion of the runway safety area damaged was unsafe for the lactation area to be located in ‘‘(B) is directly and substantially related carried out using amounts the airport re- to the movement of passengers or property the sterile area of the building. ceived under this subchapter. (c) TERMINAL DEVELOPMENT COSTS.—Sec- traveling in air transportation. ‘‘(b) AIRPORTS DESCRIBED.—An airport is tion 47119(a) is amended by adding at the end ‘‘(3) ELIGIBLE CAPITAL COSTS.—The eligible described in this subsection if— the following: capital costs of an intermodal ground access ‘‘(1) the airport is a public-use airport; ‘‘(3) LACTATION AREAS.—In addition to the project shall be the lesser of— ‘‘(2) the airport is listed in the National projects described in paragraph (1), the Sec- ‘‘(A) the total capital cost of the project Plan of Integrated Airport Systems of the retary may approve a project for terminal multiplied by the ratio that the number of Federal Aviation Administration; development for the construction or installa- individuals projected to use the project to ‘‘(3) the runway safety area of the airport tion of a lactation area at a commercial gain access to or depart from the airport was damaged as a result of a natural dis- service airport.’’. bears to the total number of individuals pro- aster; (d) PRE-EXISTING FACILITIES.—On applica- jected to use the local facility; or tion by an airport sponsor, the Secretary of ‘‘(4) the airport was denied funding under ‘‘(B) the total cost of the capital improve- Transportation may determine that a lacta- the Robert T. Stafford Disaster Relief and ments that are located on airport property. tion area in existence on the date of enact- Emergency Assistance Act (42 U.S.C. 4121 et ‘‘(4) DETERMINATIONS.—The Secretary shall ment of this Act complies with the require- seq.) with respect to the disaster; determine the projected use and cost of a ment of paragraph (22) of section 47107(a) of ‘‘(5) the operator of the airport has ex- project for purposes of paragraph (3) at the title 49, United States Code, as added by sub- hausted all legal remedies, including legal time the project is approved under this sub- section (b), notwithstanding the absence of action against any parties (or insurers there- section, except that, in the case of a project one of the facilities or characteristics re- of) whose action or inaction may have con- to be financed in part using funds adminis- ferred to in the definition of the term ‘‘lacta- tributed to the need for the repair of the run- tered by the Federal Transit Administration, tion area’’ in paragraph (12) of section 47102 way safety area; the Secretary shall use the travel fore- of such title, as added by subsection (a). ‘‘(6) there is still a demonstrated need for casting model for the project at the time the SEC. 1223. ELIGIBILITY FOR AIRPORT DEVELOP- the runway safety area to accommodate cur- project is approved by the Federal Transit MENT GRANTS AT AIRPORTS THAT rent or imminent aeronautical demand; and Administration to enter preliminary engi- ENTER INTO CERTAIN LEASES WITH ‘‘(7) the cost of repairing or replacing the neering to determine the projected use and COMPONENTS OF THE ARMED runway safety area is reasonable in relation FORCES. cost of the project for purposes of paragraph to the anticipated operational benefit of re- (3). Section 47107, as amended by section 1208 pairing the runway safety area, as deter- of this Act, is further amended by adding at ‘‘(5) NONATTAINMENT AREAS.—For airport mined by the Administrator of the Federal property, any area of which is located in a the end the following: Aviation Administration.’’. ‘‘(t) AIRPORTS THAT ENTER INTO CERTAIN nonattainment area (as defined under sec- (b) CONFORMING AMENDMENT.—The table of LEASES WITH THE ARMED FORCES.—The Sec- tion 171 of the Clean Air Act (42 U.S.C. 7501)) contents for chapter 471, as amended by this retary of Transportation may not disapprove for 1 or more criteria pollutant, the airport subtitle, is further amended by inserting a project grant application under this sub- emissions reductions from less airport sur- chapter for an airport development project after the item relating to section 47143 the face transportation and parking as a direct at an airport solely because the airport re- following: result of the development of an intermodal news a lease for the use, at a nominal rate, ‘‘47144. Use of funds for repairs for runway project on the airport property would be eli- of airport property by a regular or reserve safety repairs.’’. gible for air quality emissions credits.’’. component of the Armed Forces, including SEC. 1226. DEFINITION OF SMALL BUSINESS CON- SEC. 1303. USE OF REVENUE AT A PREVIOUSLY the National Guard, without regard to CERN. ASSOCIATED AIRPORT. whether that component operates aircraft at Section 47113(a)(1) is amended to read as Section 40117, as amended by section 1302 the airport.’’. follows: of this Act, is further amended by adding at SEC. 1224. CLARIFICATION OF DEFINITION OF ‘‘(1) ‘small business concern’— the end the following: AVIATION-RELATED ACTIVITY FOR ‘‘(A) except as provided in subparagraph ‘‘(o) USE OF REVENUES AT A PREVIOUSLY AS- HANGAR USE. (B), has the same meaning given that term SOCIATED AIRPORT.—Notwithstanding the re- Section 47107, as amended by section 1223 in section 3 of the Small Business Act (15 quirements relating to airport control under of this Act, is further amended by adding at U.S.C. 632); and subsection (b)(1), the Secretary may author- the end the following: ‘‘(B) in the case of a concern in the con- ize use of a passenger facility charge under ‘‘(u) CONSTRUCTION OF RECREATIONAL AIR- struction industry, a concern shall be consid- subsection (b) to finance an eligible airport- CRAFT.— ered a small business concern if the concern related project if— ‘‘(1) IN GENERAL.—The construction of a meets the size standard for the North Amer- ‘‘(1) the eligible agency seeking to impose covered aircraft shall be treated as an aero- ican Industry Classification System Code the new charge controls an airport where a nautical activity for purposes of— 237310, as adjusted by the Small Business Ad- $2.00 passenger facility charge became effec- ‘‘(A) determining an airport’s compliance ministration;’’. tive on January 1, 2013; and with a grant assurance made under this sec- ‘‘(2) the location of the project to be fi- tion or any other provision of law; and Subtitle C—Passenger Facility Charges nanced by the new charge is at an airport ‘‘(B) the receipt of Federal financial assist- SEC. 1301. PFC STREAMLINING. that was under the control of the same eligi- ance for airport development. (a) PASSENGER FACILITY CHARGES; GENERAL ble agency that had controlled the airport ‘‘(2) COVERED AIRCRAFT DEFINED.—In this AUTHORITY.—Section 40117(b)(4) is amended— described in paragraph (1).’’. subsection, the term ‘covered aircraft’ means (1) in the matter preceding subparagraph SEC. 1304. FUTURE AVIATION INFRASTRUCTURE an aircraft— (A), by striking ‘‘, if the Secretary finds—’’ AND FINANCING STUDY. ‘‘(A) used or intended to be used exclu- and inserting a period; and (a) FUTURE AVIATION INFRASTRUCTURE AND sively for recreational purposes; and (2) by striking subparagraphs (A) and (B). FINANCING STUDY.—Not later than 60 days

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1941 after the date of enactment of this Act, the the term in section 40102 of title 49, United (2) appropriate requirements for different Secretary of Transportation shall enter into States Code. classifications of unmanned aircraft systems an agreement with the Transportation Re- PART I—PRIVACY AND TRANSPARENCY operations, including public and civil; search Board of the National Academies to (3) the role of manufacturers, the Federal SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRI- conduct a study and make recommendations VACY POLICY. Aviation Administration, and the owners of on the actions needed to upgrade and restore It is the policy of the United States that the systems described in paragraphs (1) and the national aviation infrastructure system the operation of any unmanned aircraft or (2) in reporting and verifying identification to its role as a premier system that meets unmanned aircraft system shall be carried data; and the growing and shifting demands of the 21st out in a manner that respects and protects (4) the feasibility of the development and century, including airport infrastructure personal privacy consistent with the United operation of a publicly searchable online needs and existing financial resources for States Constitution and Federal, State, and database to further enable the immediate re- commercial service airports. local law. mote identification of any unmanned air- (b) CONSULTATION.—In carrying out the craft and its operator by the general public SEC. 2102. SENSE OF CONGRESS. study, the Transportation Research Board It is the sense of Congress that— and potential exceptions to inclusion in the shall convene and consult with a panel of na- (1) each person that uses an unmanned air- online database. tional experts, including— (c) DEADLINE.—Not later than 1 year after craft system for compensation or hire, or in (1) nonhub airports; the date of enactment of this Act, the Direc- the furtherance of a business enterprise, ex- (2) small hub airports; tor shall submit to the appropriate commit- cept for news gathering, should have a writ- (3) medium hub airports; tees of Congress a report on the consensus ten privacy policy consistent with section (4) large hub airports; identification standards. 2101 that is appropriate to the nature and (5) airports with international service; (d) GUIDANCE.—Not later than 1 year after scope of the activities regarding the collec- (6) non-primary airports; the date that the Director submits the re- tion, use, retention, dissemination, and dele- (7) local elected officials; port on the consensus identification stand- tion of any data collected during the oper- (8) relevant labor organizations; ards under subsection (c), the Administrator ation of an unmanned aircraft system; (9) passengers; of the Federal Aviation Administration shall (2) each privacy policy described in para- (10) air carriers; and issue regulatory guidance based on the con- graph (1) should be periodically reviewed and (11) representatives of the tourism indus- sensus identification standards. updated as necessary; and try. SEC. 2106. COMMERCIAL AND GOVERNMENTAL (3) each privacy policy described in para- (c) CONSIDERATIONS.—In carrying out the OPERATORS. study, the Transportation Research Board graph (1) should be publicly available. (a) IN GENERAL.—Except for model aircraft shall consider— SEC. 2103. FEDERAL TRADE COMMISSION AU- under section 44808 of title 49, United States (1) the ability of airport infrastructure to THORITY. Code, in authorizing the operation of any meet current and projected passenger vol- A violation of a privacy policy by a person public unmanned aircraft system or the op- umes; that uses an unmanned aircraft system for eration of any unmanned aircraft system by (2) the available financial tools and re- compensation or hire, or in the furtherance a person conducting civil aircraft operations, sources for airports of different sizes; of a business enterprise, in the national air- the Administrator of the Federal Aviation (3) the current debt held by airports, and space system shall be an unfair and decep- Administration, to the extent practicable its impact on future construction and capac- tive practice in violation of section 5(a) of and consistent with applicable law and with- ity needs; the Federal Trade Commission Act (15 U.S.C. out compromising national security, home- (4) the impact of capacity constraints on 45(a)). land defense, or law enforcement, shall make passengers and ticket prices; SEC. 2104. NATIONAL TELECOMMUNICATIONS the identifying information in subsection (b) AND INFORMATION ADMINISTRA- available to the public via an easily search- (5) the purchasing power of the passenger TION MULTI-STAKEHOLDER PROC- able online database. The Administrator facility charge from the last increase in 2000 ESS. shall place a clear and conspicuous link to to the year of enactment of this Act; Not later than July 31, 2016, the Adminis- the database on the home page of the Fed- (6) the impact to passengers and airports of trator of the National Telecommunications eral Aviation Administration’s website. indexing the passenger facility charge for in- and Information Administration shall sub- (b) CONTENTS.—The database described in flation; mit to the appropriate committees of Con- subsection (a) shall contain the following: (7) how long airports are constrained with gress a report on the industry privacy best (1) The name of each individual, or agency, current passenger facility charge collections; practices developed through the multi-stake- as applicable, authorized to conduct civil or (8) the impact of passenger facility charges holder engagement process (established public unmanned aircraft systems operations to promote competition; under Presidential Memorandum of Feb- described in subsection (a). (9) the additional resources or options to ruary 15, 2015 (80 Fed. Reg. 9355)) on un- (2) The name of each owner of an un- fund terminal construction projects; manned aircraft systems transparency and manned aircraft system described in para- (10) the resources eligible for use toward accountability. In addition to the agreed graph (1). noise reduction and emission reduction upon best practices, this report shall include (3) The expiration date of any authoriza- projects; relevant stakeholder recommendations for tion related to a person identified in para- (11) the gap between AIP-eligible projects legislative or regulatory action regarding graph (1) or paragraph (2). and the annual Federal funding provided; privacy, accountability, and transparency, (4) The contact information for each per- (12) the impact of regulatory requirements including ways to encourage the adoption of son identified in paragraphs (1) and (2), in- on airport infrastructure financing needs; privacy policies by companies that use un- cluding a telephone number and an elec- (13) airline competition; manned aircraft systems for compensation tronic mail address, in accordance with ap- (14) airline ancillary fees and their impact or hire, or in the furtherance of a business plicable privacy laws. on ticket pricing and taxable revenue; and enterprise. The report shall take into ac- (5) The tail number or specific identifica- (15) the ability of airports to finance nec- count existing rights protected under the tion number of all unmanned aircraft au- essary safety, security, capacity, and envi- First Amendment to the United States Con- thorized for use that links each unmanned ronmental projects identified in capital im- stitution in public spaces and the First aircraft to the owner of that aircraft. provement plans. Amendment rights of journalists to control (6) For any unmanned aircraft system that (d) REPORT.—Not later than 15 months their archives. will collect personally identifiable informa- after the date of enactment of this Act, the SEC. 2105. IDENTIFICATION STANDARDS. tion about individuals, including the use of Transportation Research Board shall submit (a) IN GENERAL.—The Director of the Na- facial recognition— to the Secretary and the appropriate com- tional Institute of Standards and Tech- (A) the circumstance under which the sys- mittees of Congress a report on its findings nology, in collaboration with the Adminis- tem will be used; and recommendations. trator of the Federal Aviation Administra- (B) the specific kinds of personally identi- (e) FUNDING.—The Secretary is authorized fiable information that the system will col- to use such sums as are necessary to carry tion, and in consultation with the Secretary lect about individuals; and out the requirements of this section. of Transportation, the President of RTCA, Inc., and the Administrator of the National (C) how the information referred to in sub- TITLE II—SAFETY Telecommunications and Information Ad- paragraph (B), and the conclusions drawn Subtitle A—Unmanned Aircraft Systems ministration, shall convene industry stake- from such information, will be used, dis- Reform holders to facilitate the development of con- closed, and otherwise handled, including— SEC. 2001. DEFINITIONS. sensus standards for remotely identifying op- (i) how the collection or retention of such (a) IN GENERAL.—Unless expressly provided erators and owners of unmanned aircraft sys- information that is unrelated to the specific otherwise, the terms used in this subtitle tems and associated unmanned aircraft. use will be minimized; have the meanings given the terms in sec- (b) CONSIDERATIONS.—As part of the stand- (ii) under what circumstances such infor- tion 44801 of title 49, United States Code, as ards developed under subsection (a), the Di- mation might be sold, leased, or otherwise added by section 2121 of this Act. rector shall consider— provided to third parties; (b) DEFINITION OF CIVIL AIRCRAFT.—The (1) requirements for remote identification (iii) the period during which such informa- term ‘‘civil aircraft’’ has the meaning given of unmanned aircraft systems; tion will be retained;

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1942 CONGRESSIONAL RECORD — SENATE April 12, 2016 (iv) when and how such information, in- meets the qualifications and conditions re- and evaluation of unmanned aircraft systems cluding information no longer relevant to quired for operation of a public aircraft (as to facilitate the Federal Aviation Adminis- the specified use, will be destroyed; and defined in section 40102(a)). tration’s development of standards for the (v) steps that will be used to protect ‘‘(6) ‘sense and avoid capability’ means the safe integration of unmanned aircraft into against the unauthorized disclosure of any capability of an unmanned aircraft to re- the national airspace system, which may in- information or data, such as the use of main a safe distance from and to avoid colli- clude solutions for— encryption methods and other security fea- sions with other airborne aircraft. ‘‘(A) developing and enforcing geographic tures. ‘‘(7) ‘small unmanned aircraft’ means an and altitude limitations; (7) With respect to public unmanned air- unmanned aircraft weighing less than 55 ‘‘(B) classifications of airspace where man- craft systems— pounds, including the weight of anything at- ufacturers must prevent flight of an un- (A) the locations where the unmanned air- tached to or carried by the aircraft. manned aircraft system; craft system will operate; ‘‘(8) ‘test range’ means a defined geo- ‘‘(C) classifications of airspace where man- (B) the time during which the unmanned graphic area where research and develop- ufacturers of unmanned aircraft systems aircraft system will operate; ment are conducted as authorized by the Ad- must alert the operator to hazards or limita- (C) the general purpose of the flight; and ministrator of the Federal Aviation Admin- tions on flight; (D) the technical capabilities that the un- istration. ‘‘(D) sense and avoid capabilities; manned aircraft system possesses. ‘‘(9) ‘test site’ means any of the 6 test ‘‘(E) beyond-line-of-sight, nighttime oper- (c) RECORDS.—Each person described in ranges established by the Administrator of ations and unmanned traffic management, or subsection (b)(1), to the extent practicable the Federal Aviation Administration under other critical research priorities; and without compromising national security, section 332(c) of the FAA Modernization and ‘‘(F) improving privacy protections homeland defense, or law enforcement shall Reform Act of 2012 (49 U.S.C. 40101 note), as through the use of advances in unmanned maintain and make available to the Admin- in effect on the day before the date of enact- aircraft systems technology; istrator for not less than 1 year a record of ment of the Federal Aviation Administration ‘‘(8) coordinate periodically with all test the name and contact information of each Reauthorization Act of 2016, and any public site operators to ensure test site operators person on whose behalf the unmanned air- entity authorized by the Federal Aviation know which data should be collected, what craft system has been operated. Administration as an unmanned aircraft sys- procedures should be followed, and what re- (d) DEADLINE.—The Administrator shall tem flight test center before January 1, 2009. search would advance efforts to safely inte- make the database available not later than 1 ‘‘(10) ‘unmanned aircraft’ means an air- grate unmanned aircraft systems into the year after the date of enactment of this Act. craft that is operated without the possibility national airspace system; (e) TERMINATION.—The Administrator may of direct human intervention from within or ‘‘(9) allow a test site to develop multiple cease the operation of such database on Sep- on the aircraft. test ranges within the test site; tember 30, 2017. ‘‘(11) ‘unmanned aircraft system’ means an ‘‘(10) streamline the approval process for SEC. 2107. ANALYSIS OF CURRENT REMEDIES unmanned aircraft and associated elements test sites when processing unmanned aircraft UNDER FEDERAL, STATE, AND (including communication links and the certificates of waiver or authorization for LOCAL JURISDICTIONS. components that control the unmanned air- operations at the test sites; Not later than 1 year after the date of en- craft) that are required for the operator to ‘‘(11) require each test site operator to pro- actment of this Act, the Comptroller General operate safely and efficiently in the national tect proprietary technology, sensitive data, of the United States shall conduct and sub- airspace system.’’. or sensitive research of any civil or private mit to the appropriate committees of Con- (b) TABLE OF CHAPTERS.—The table of entity when using that test site without the gress a review of the privacy issues and con- chapters for subtitle VII is amended by in- need to obtain an experimental or special cerns associated with the operation of un- serting after the item relating to chapter 447 airworthiness certificate; manned aircraft systems in the national air- the following: ‘‘(12) evaluate options for the operation of space system that— ‘‘448. Unmanned Aircraft Systems .... 44801’’. 1 or more small unmanned aircraft systems (1) examines and identifies the existing SEC. 2122. UTILIZATION OF UNMANNED AIR- beyond the visual line of sight of the oper- Federal, State, or local laws, including con- CRAFT SYSTEM TEST SITES. ator for testing under controlled conditions stitutional law, that address an individual’s (a) IN GENERAL.—Chapter 448, as designated that ensure the safety of persons and prop- personal privacy; by section 2121 of this Act, is amended by in- erty, including on the ground; and (2) identifies specific issues and concerns serting after section 44801 the following: ‘‘(13) allow test site operators to receive that may limit the availability of existing ‘‘§ 44802. Unmanned aircraft system test sites Federal funding, other than from the Federal civil or criminal legal remedies regarding in- ‘‘(a)(1) IN GENERAL.—The Administrator of Aviation Administration, including in-kind appropriate operation of unmanned aircraft the Federal Aviation Administration shall contributions, from test site participants in systems in the national airspace system; establish and update, as appropriate, a pro- the furtherance of research, development, (3) identifies any deficiencies in current gram for the use of the 6 test sites estab- and testing objectives. Federal, State, or local privacy protections; lished under section 332(c) of the FAA Mod- ‘‘(c) TEST SITE LOCATIONS.—In determining and ernization and Reform Act of 2012 (49 U.S.C. the location of a test site under subsection (4) recommends legislative or other actions 40101 note), and any public entity authorized (a), the Administrator shall— to address the limitations and deficiencies by the Federal Aviation Administration as ‘‘(1) take into consideration geographic identified in paragraphs (2) and (3). an unmanned aircraft system flight test cen- and climatic diversity; PART II—UNMANNED AIRCRAFT SYSTEMS ter before January 1, 2009, to facilitate the ‘‘(2) take into consideration the location of ground infrastructure and research needs; SEC. 2121. DEFINITIONS. safe integration of unmanned aircraft sys- and (a) IN GENERAL.—Part A of subtitle VII is tems into the national airspace system. amended by inserting after chapter 447 the ‘‘(2) TERMINATION.—The program shall ter- ‘‘(3) consult with the Administrator of the following: minate on September 30, 2022. National Aeronautics and Space Administra- ‘‘(b) PROGRAM REQUIREMENTS.—In estab- tion and the Secretary of Defense. ‘‘CHAPTER 448—UNMANNED AIRCRAFT lishing the program under subsection (a), the ‘‘(d) REPORT TO CONGRESS.— SYSTEMS Administrator shall— ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘Sec. ‘‘(1) designate airspace for safely testing after the date of enactment of the Federal ‘‘44801. Definitions. the integration of unmanned flight oper- Aviation Administration Reauthorization ‘‘§ 44801. Definitions ations in the national airspace system; Act of 2016, the Administrator shall submit ‘‘In this chapter— ‘‘(2) develop operational standards and air to the appropriate committees of Congress a ‘‘(1) ‘appropriate committees of Congress’ traffic requirements for unmanned flight op- report on the establishment and implemen- means the Committee on Commerce, erations at test sites, including test ranges; tation of the program under subsection (a). Science, and Transportation of the Senate ‘‘(3) coordinate with and leverage the re- ‘‘(2) BRIEFINGS.—Beginning 180 days after and the Committee on Transportation and sources of the National Aeronautics and the date of enactment of the Federal Avia- Infrastructure of the House of Representa- Space Administration and the Department of tion Administration Reauthorization Act of tives. Defense; 2016, and every 180 days thereafter until Sep- ‘‘(2) ‘Arctic’ means the United States zone ‘‘(4) address both civil and public un- tember 30, 2017, the Administrator shall pro- of the Chukchi Sea, Beaufort Sea, and Bering manned aircraft systems; vide to the appropriate committees of Con- Sea north of the Aleutian chain. ‘‘(5) ensure that the program is coordi- gress a briefing that includes— ‘‘(3) ‘certificate of waiver’ and ‘certificate nated with relevant aspects of the Next Gen- ‘‘(A) a current summary of unmanned air- of authorization’ mean a Federal Aviation eration Air Transportation System; craft systems operations at the test sites Administration grant of approval for a spe- ‘‘(6) provide for verification of the safety of since the last briefing to Congress; cific flight operation. unmanned aircraft systems and related navi- ‘‘(B) a description of all of the data gen- ‘‘(4) ‘permanent areas’ means areas on land gation procedures as it relates to continued erated from the operations described in sub- or water that provide for launch, recovery, development of standards for integration paragraph (A), and shared with the Federal and operation of small unmanned aircraft. into the national airspace system; Aviation Administration through a coopera- ‘‘(5) ‘public unmanned aircraft system’ ‘‘(7) engage each test site operator in tive research and development agreement means an unmanned aircraft system that projects for research, development, testing, authorized in section 2123 of the Federal

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1943 Aviation Administration Reauthorization States Code, and enter into collaborative re- ‘‘(7) community-based aviation organiza- Act of 2016, that relate to unmanned aircraft search and development agreements, to di- tions. systems research priorities, including be- rect research related to unmanned aircraft ‘‘(d) FAA APPROVAL.—Not later than 1 year yond-line-of-sight, unmanned traffic man- systems, including at any test site under sec- after the date of enactment of the Federal agement, nighttime operations, and sense tion 44802(a) of that title, and in coordina- Aviation Administration Reauthorization and avoid technology; tion with the Center of Excellence for Un- Act of 2016, the Administrator of the Federal ‘‘(C) a description of how the data de- manned Aircraft Systems. Aviation Administration shall establish a scribed in subparagraph (B) will be or is (c) USE OF CENTER OF EXCELLENCE FOR UN- process for the approval of small unmanned used— MANNED AIRCRAFT SYSTEMS.—The Adminis- aircraft systems make and models based ‘‘(i) to advance Federal Aviation Adminis- trator, in carrying out research necessary to upon the consensus aircraft safety standards tration priorities; establish the consensus safety standards and developed under subsection (a). The con- ‘‘(ii) to validate the safety of unmanned certification requirements in section 44803 of sensus aircraft safety standards developed aircraft systems and related technology; and title 49, United States Code, as added by sec- under subsection (a) shall allow the Adminis- ‘‘(iii) to inform future rulemaking related tion 2124, shall, to the maximum extent prac- trator to approve small unmanned aircraft to the integration of unmanned aircraft sys- ticable, leverage the research and testing ca- systems for operation within the national tems into the national airspace; pacity and capabilities of the Center of Ex- airspace system without requiring the type ‘‘(D) an evaluation of the activities and cellence for Unmanned Aircraft Systems and certification process in parts 21 and 23 of the specific outcomes from activities at the test the test sites (as defined in 44801 of such Code of Federal Regulations. sites that support the safe integration of un- title, as added by section 2121). ‘‘(e) ELIGIBILITY.—The consensus aircraft manned aircraft systems under this chapter; SEC. 2124. SAFETY STANDARDS. safety standards for approval of small un- and (a) IN GENERAL.—Chapter 448, as amended manned aircraft systems developed under ‘‘(E) recommendations for future Federal by section 2122 of this Act, is further amend- this section shall set eligibility require- Aviation Administration test site operations ed by inserting after section 44802 the fol- ments for an airworthiness approval of a that would generate data necessary to in- lowing: small unmanned aircraft system which shall form future rulemaking related to unmanned ‘‘SEC. 44803. AIRCRAFT SAFETY STANDARDS. include the following: aircraft systems. ‘‘(a) CONSENSUS AIRCRAFT SAFETY STAND- ‘‘(1) An applicant must provide the Federal ‘‘(e) REVIEW OF OPERATIONS BY TEST SITE ARDS.—Not later than 60 days after the date Aviation Administration with— OPERATORS.—The operator of each test site of enactment of the Federal Aviation Admin- ‘‘(A) the aircraft’s operating instructions; under subsection (a) shall— istration Reauthorization Act of 2016, the Di- and ‘‘(1) review the operations of unmanned rector of the National Institute of Standards ‘‘(B) the manufacturer’s statement of com- aircraft systems conducted at the test site, and Technology and the Administrator of pliance as described in subsection (f) of this including— the Federal Aviation Administration, in con- section. ‘‘(A) ongoing or completed research; and sultation with government and industry ‘‘(2) A sample aircraft must be inspected by ‘‘(B) data regarding operations by private stakeholders and appropriate standards-set- the Federal Aviation Administration and and public operators; and ting organizations, shall initiate a collabo- found to be in a condition for safe operation ‘‘(2) submit to the Administrator, in such rative process to develop risk-based, con- and in compliance with the consensus air- form and manner as specified by the Admin- sensus industry airworthiness standards re- craft safety standards required by the Ad- istrator, the results of the review, including lated to the safe integration of small un- ministrator in subsection (d). recommendations to further enable private manned aircraft systems into the national ‘‘(f) MANUFACTURER’S STATEMENT OF COM- research and development operations at the airspace system. PLIANCE FOR SMALL UAS.—The manufactur- test sites that contribute to the Federal ‘‘(b) CONSIDERATIONS.—In developing the er’s statement of compliance shall— Aviation Administration’s safe integration consensus aircraft safety standards, the Di- ‘‘(1) identify the aircraft make and model, of unmanned aircraft systems into the na- rector and Administrator shall consider the and consensus aircraft safety standard used; tional airspace system, on a quarterly basis following: ‘‘(2) state that the aircraft make and until the program terminates. ‘‘(1) Technologies or standards related to model meets the provisions of the standard ‘‘(f) TESTING.—The Secretary may author- geographic limitations, altitude limitations, identified in paragraph (1); ize an operator of a test site described in and sense and avoid capabilities. ‘‘(3) state that the aircraft make and subsection (a) to administer testing require- ‘‘(2) Using performance-based standards. model conforms to the manufacturer’s design ments established by the Administrator for ‘‘(3) Predetermined action to maintain data, using the manufacturer’s quality as- unmanned aircraft systems operations.’’. safety in the event that a communications surance system that meets the identified (b) TECHNICAL AND CONFORMING AMEND- link between a small unmanned aircraft and consensus standard adopted by the Adminis- MENTS.— its operator is lost or compromised. trator in subsection (d), and is manufactured (1) TABLE OF CONTENTS.—The table of con- ‘‘(4) Detectability and identifiability to pi- in way that ensures consistency in the pro- tents for chapter 448, as added by section 2121 lots, the Federal Aviation Administration, duction process so that every unit produced of this Act, is further amended by inserting and air traffic controllers, as appropriate. meets the applicable consensus aircraft safe- after the item relating to section 44801 the ‘‘(5) Means to prevent tampering with or ty standards; following: modification of any system, limitation, or ‘‘(4) state that the manufacturer will make ‘‘44802. Unmanned aircraft system test other safety mechanism or standard under available to any interested person— sites.’’. this section or any other provision of law, in- ‘‘(A) the aircraft’s operating instructions, (2) PILOT PROJECTS.—Section 332 of the cluding a means to identify any tampering that meet the standard identified in para- FAA Modernization and Reform Act of 2012 or modification that has been made. graph (1); and (49 U.S.C. 40101 note) is amended by striking ‘‘(6) Consensus identification standards ‘‘(B) the aircraft’s maintenance and inspec- subsection (c). under section 2105. tion procedures, that meet the standard SEC. 2123. ADDITIONAL RESEARCH, DEVELOP- ‘‘(7) How to update or modify a small un- identified in paragraph (1); MENT, AND TESTING. manned aircraft system that was commer- ‘‘(5) state that the manufacturer will mon- (a) RESEARCH PLAN.—Not later than 1 year cially distributed prior to the development itor and correct safety-of-flight issues after the date of enactment of this Act, the of the consensus aircraft safety standards so through a continued airworthiness system Administrator of the Federal Aviation Ad- that, to the greatest extent practicable, such that meets the standard identified in para- ministration and the United States Un- systems meet the consensus aircraft safety graph (1); manned Aircraft System Executive Com- standards. ‘‘(6) state that at the request of the Admin- mittee, jointly, and in coordination with in- ‘‘(8) Any technology or standard related to istration, the manufacturer will provide ac- dustry, users, the Center of Excellence for small unmanned aircraft systems that pro- cess by the Administration to its facilities; Unmanned Aircraft Systems, and test site motes aviation safety. and operators, shall develop a research plan to ‘‘(c) CONSULTATION.—In developing the con- ‘‘(7) state that the manufacturer, in ac- identify ongoing research into the broad sensus aircraft safety standards under sub- cordance with a production acceptance test range of technical, procedural, and policy section (a), the Director and Administrator procedure that meets an applicable con- concerns arising from the integration of un- shall consult with— sensus aircraft safety standard has— manned aircraft systems into the national ‘‘(1) the Administrator of the National Aer- ‘‘(A) ground and flight tested random sam- airspace system, and research needs regard- onautics and Space Administration; ples of the aircraft; ing those concerns. In developing the plan, ‘‘(2) the President of RTCA, Inc.; ‘‘(B) found the sample aircraft performance the Administrator shall determine and en- ‘‘(3) the Secretary of Defense; acceptable; and gage the appropriate entities to meet the re- ‘‘(4) each operator of a test site under sec- ‘‘(C) determined that the make and model search needs identified in the plan. tion 44802; of aircraft is suitable for safe operation. (b) COLLABORATIVE RESEARCH AND DEVEL- ‘‘(5) the Center of Excellence for Unmanned ‘‘(g) PROHIBITION.—It shall be unlawful for OPMENT AGREEMENTS.—The Administrator Aircraft Systems; any person to introduce or deliver for intro- may use the other transaction authority ‘‘(6) unmanned aircraft systems stake- duction into interstate commerce any un- under section 106(l)(6) of title 49, United holders; and manned aircraft manufactured after the date

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that the Administrator adopts consensus air- ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT may cause material damage to a covered fa- craft safety standards under this section, un- SYSTEMS.—In making the determination cility. less the manufacturer has received approval under subsection (a), the Secretary shall de- ‘‘(3) DEFINITIONS.—In this subsection: under subsection (d) for each make and termine, at a minimum— ‘‘(A) COVERED FACILITY.—The term ‘covered model.’’. ‘‘(1) which types of unmanned aircraft sys- facility’ means a pipeline, pipeline system, (b) TABLE OF CONTENTS.—The table of con- tems, if any, as a result of their size, weight, electric energy generation, transmission, or tents for chapter 448, as amended by section speed, operational capability, proximity to distribution facility (including renewable 2122 of this Act, is further amended by in- airports and populated areas, and operation electric energy), oil or gas production, refin- serting after the item relating to section within or beyond visual line of sight, or oper- ing, or processing facility, or other critical 44802 the following: ation during the day or night, do not create infrastructure. ‘‘44803. Aircraft safety standards.’’. a hazard to users of the national airspace ‘‘(B) COVERED PERSON.—The term ‘covered SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN system or the public; and person’ means a person that— THE ARCTIC. ‘‘(2) whether a certificate under section ‘‘(i) owns or operates a covered facility; (a) IN GENERAL.—Chapter 448, as amended 44703 or section 44704 of this title, or a cer- ‘‘(ii) is the sponsor of a covered facility by section 2124 of this Act, is further amend- tificate of waiver or certificate of authoriza- project; ed by inserting after section 44803 the fol- tion, is required for the operation of un- ‘‘(iii) is an association of persons described lowing: manned aircraft systems identified under by clause (i) or (ii) and is seeking pro- ‘‘§ 44804. Unmanned aircraft systems in the paragraph (1) of this subsection. grammatic approval for an activity in ac- Arctic ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.— cordance with this subsection; or ‘‘(a) IN GENERAL.—The Secretary of Trans- If the Secretary determines under this sec- ‘‘(iv) is an agent of any person described in portation shall develop a plan and initiate a tion that certain unmanned aircraft systems clause (i), (ii), or (iii). process to work with relevant Federal agen- may operate safely in the national airspace ‘‘(C) CRITICAL INFRASTRUCTURE.—The term cies and national and international commu- system, the Secretary shall establish re- ‘critical infrastructure’ has the meaning nities to designate permanent areas in the quirements for the safe operation of such air- given that term in section 2339D of title 18. Arctic where small unmanned aircraft may craft systems in the national airspace sys- ‘‘(4) DEADLINE.—Within 90 days from the operate 24 hours per day for research and tem, including operation related to research, date of enactment of the FAA Reauthoriza- commercial purposes. development, and testing of proprietary sys- tion of 2016 the Administrator must certify ‘‘(b) PLAN CONTENTS.—The plan under sub- tems. to the appropriate committees of Congress section (a) shall include the development of ‘‘(d) PILOT CERTIFICATION EXEMPTION.—If that a process has been established to facili- processes to facilitate the safe operation of the Secretary proposes, under this section, tate applications for operations provided for unmanned aircraft beyond line of sight. to require an operator of an unmanned air- under this subsection. If the Administrator craft system to hold an airman certificate, a ‘‘(c) REQUIREMENTS.—Each permanent area cannot provide this certification, the Admin- designated under subsection (a) shall enable medical certificate, or to have a minimum istrator, within 180 days of from the due date number of hours operating a manned air- over-water flights from the surface to at of that certification, shall update the process craft, the Secretary shall set forth the rea- least 2,000 feet in altitude, with ingress and under (a) to provide for such applications.’’. egress routes from selected coastal launch soning for such proposal and seek public no- tice and comment before imposing any such (b) TECHNICAL AND CONFORMING AMEND- sites. MENTS.— ‘‘(d) AGREEMENTS.—To implement the plan requirements. ‘‘(e) SUNSET.—The authority under this (1) TABLE OF CONTENTS.—The table of con- under subsection (a), the Secretary may tents for chapter 448, as amended by section enter into an agreement with relevant na- section for the Secretary to determine if cer- tain unmanned aircraft systems may operate 2125 of this Act, is further amended by in- tional and international communities. serting after the item relating to section ‘‘(e) AIRCRAFT APPROVAL.—Not later than 1 safely in the national airspace system termi- 44804 the following: year after the entry into force of an agree- nates effective September 30, 2017. ‘‘(f) OPERATION BY OWNERS AND OPERATORS ment necessary to effectuate the purposes of ‘‘44805. Special rules for certain unmanned OF CRITICAL INFRASTRUCTURE.— this section, the Secretary shall work with aircraft systems.’’. ‘‘(1) IN GENERAL.—Any application process relevant national and international commu- established under subsection (a) shall allow (2) SPECIAL RULES FOR CERTAIN UNMANNED nities to establish and implement a process, for a covered person to apply to the Adminis- AIRCRAFT SYSTEMS.—Section 333 of the FAA or may apply an applicable process already trator to operate an unmanned aircraft sys- Modernization and Reform Act of 2012 (49 established, for approving the use of un- tem to conduct activities described in para- U.S.C. 40101 note) and the item relating to manned aircraft in the designated permanent graph (2)— that section in the table of contents under areas in the Arctic without regard to wheth- ‘‘(A) beyond the visual line of sight of the section 1(b) of that Act (126 Stat. 13) are re- er an unmanned aircraft is used as a public individual operating the unmanned aircraft pealed. aircraft, a civil aircraft, or a model air- system; and SEC. 2127. ADDITIONAL RULEMAKING AUTHOR- craft.’’. ‘‘(B) operation during the day or at night. ITY. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(2) ACTIVITIES DESCRIBED.—The activities (a) SENSE OF CONGRESS.—It is the sense of MENTS.— described in this paragraph that a covered Congress that— (1) TABLE OF CONTENTS.—The table of con- tents for chapter 448, as amended by section person may use an unmanned aircraft sys- (1) beyond visual line of sight and night- 2124 of this Act, is further amended by in- tem to conduct are the following: time operations of unmanned aircraft sys- serting after the item relating to section ‘‘(A) Activities for which compliance with tems have tremendous potential— 44803 the following: current law or regulation can be accom- (A) to enhance research and development plished by the use of manned aircraft, in- both commercially and in academics; ‘‘44804. Unmanned aircraft systems in the cluding— (B) to spur economic growth and develop- Arctic.’’. ‘‘(i) conducting activities to ensure compli- ment through innovative applications of this (2) EXPANDING USE OF UNMANNED AIRCRAFT ance with Federal or State regulatory, per- emerging technology; and SYSTEMS IN ARCTIC.—Section 332 of the FAA mit, or other requirements, including to con- (C) to improve emergency response efforts Modernization and Reform Act of 2012 (49 duct surveys associated with applications for as it relates to assessing damage to critical U.S.C. 40101 note) is amended by striking permits for new pipeline or pipeline systems infrastructure such as roads, bridges, and subsection (d). construction or maintenance or rehabilita- utilities, including water and power, ulti- SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN tion of existing pipelines or pipeline sys- mately speeding response time; UNMANNED AIRCRAFT SYSTEMS. tems; or (2) advancements in miniaturization of (a) IN GENERAL.—Chapter 448, as amended ‘‘(ii) conducting activities relating to en- safety technologies, including for aircraft by section 2125 of this Act, is further amend- suring compliance with— weighing under 4.4 pounds, have increased ed by inserting after section 44804 the fol- ‘‘(I) the requirements of part 192 or 195 of economic opportunities for using unmanned lowing: title 49, Code of Federal Regulations; or aircraft systems while reducing kinetic en- ‘‘§ 44805. Special authority for certain un- ‘‘(II) any Federal, State, or local govern- ergy and risk compared to unmanned air- manned aircraft systems mental or regulatory body or industry best craft that may weigh as much as 55 pounds; ‘‘(a) IN GENERAL.—Notwithstanding any practice pertaining to the construction, own- (3) advancements in unmanned technology other requirement of this chapter, the Sec- ership, operation, maintenance, repair, or re- will have the capacity to ultimately improve retary of Transportation shall use a risk- placement of covered facilities. manned aircraft safety; and based approach to determine if certain un- ‘‘(B) Activities to inspect, repair, con- (4) integrating unmanned aircraft systems manned aircraft systems may operate safely struct, maintain, or protect covered facili- safely into the national airspace, including in the national airspace system notwith- ties, including to respond to a pipeline, pipe- beyond visual line of sight and nighttime op- standing completion of the comprehensive line system, or electric energy infrastructure erations on a routine basis should remain a plan and rulemaking required by section 332 incident, or in response to or in preparation top priority for the Federal Aviation Admin- of the FAA Modernization and Reform Act of for a natural disaster, man-made disaster, istration as it pursues additional 2012 (49 U.S.C. 40101 note) or the guidance re- severe weather event, or other incident be- rulemakings under the amendments made by quired by section 44807. yond the control of the covered person that this section.

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(b) IN GENERAL.—Chapter 448, as amended ‘‘(1) to prohibit a person from operating an ‘‘(C) allow a government public safety by section 2126 of this Act, is further amend- unmanned aircraft system under a cir- agency to operate an unmanned aircraft ed by inserting after section 44805 the fol- cumstance described under paragraphs (1) weighing 25 pounds or less if that unmanned lowing: through (3) of subsection (a) if— aircraft is operated— ‘‘§ 44806. Additional rulemaking authority ‘‘(A) the circumstance is allowed by regu- ‘‘(i) within or beyond the line of sight of ‘‘(a) IN GENERAL.—Notwithstanding the lations issued under this section; and the operator; rulemaking required by section 332 of the ‘‘(B) the person operates the unmanned air- ‘‘(ii) less than 400 feet above the ground; FAA Modernization and Reform Act of 2012 craft system in a manner prescribed by the ‘‘(iii) during daylight conditions; (49 U.S.C. 40101 note) or the guidance re- regulations; and ‘‘(iv) within Class G airspace; and quired by section 44807 of this title and sub- ‘‘(2) to limit or affect in any way the Ad- ‘‘(v) outside of 5 statute miles from any ject to subsection (b)(2) of this section and ministrator’s authority to conduct a rule- airport, heliport, seaplane base, spaceport, or section 44808, the Administrator may issue making, make a determination, or carry out other location with aviation activities. any activity related to unmanned aircraft or regulations under which a person may oper- ‘‘(d) DATA MINIMIZATION FOR CERTAIN PUB- ate certain unmanned aircraft systems (as unmanned aircraft systems under any other LIC UNMANNED AIRCRAFT SYSTEM OPERA- determined by the Administrator) in the provision of law.’’. United States— (c) TABLE OF CONTENTS.—The table of con- TORS.—Not later than 180 days after the date ‘‘(1) without an airman certificate; tents for chapter 448, as amended by section of enactment of the Federal Aviation Admin- ‘‘(2) without an airworthiness certificate 2126 of this Act, is further amended by in- istration Reauthorization Act of 2016 each for the associated unmanned aircraft; or serting after the item relating to section Federal agency authorized by the Secretary ‘‘(3) that are not registered with the Fed- 44805 the following: to operate an unmanned aircraft system eral Aviation Administration. ‘‘44806. Additional rulemaking authority.’’. shall develop and update a data minimiza- ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS SEC. 2128. GOVERNMENTAL UNMANNED AIR- tion policy that requires, at a minimum, OPERATIONAL RULES.— CRAFT SYSTEMS. that— ‘‘(1) IN GENERAL.—Notwithstanding the (a) IN GENERAL.—Chapter 448, as amended ‘‘(1) prior to the deployment of any new rulemaking required by section 332 of the by section 2127 of this Act, is further amend- unmanned aircraft system technology, and FAA Modernization and Reform Act of 2012 ed by inserting after section 44806 the fol- at least every 3 years, existing policies and (49 U.S.C. 40101 note), the Administrator lowing: procedures relating to the collection, use, re- shall issue regulations not later than 270 ‘‘§ 44807. Public unmanned aircraft systems tention, and dissemination of information days after the date of enactment of the Fed- ‘‘(a) GUIDANCE.—The Secretary of Trans- obtained by an unmanned aircraft system eral Aviation Administration Reauthoriza- portation shall issue guidance regarding the tion Act of 2016 under which any person may must be examined to ensure that privacy, operation of a public unmanned aircraft sys- civil rights, and civil liberties are protected; operate a micro unmanned aircraft system tem— classification of unmanned aircraft systems, ‘‘(2) if the unmanned aircraft system is the ‘‘(1) to streamline the process for the platform for information collection, infor- the aircraft component of which weighs 4.4 issuance of a certificate of authorization or a mation must be collected, used, retained, pounds or less, including payload, without certificate of waiver; and disseminated consistent with the Con- the person operating the system being re- ‘‘(2) to provide for a collaborative process stitution, Federal law, and other applicable quired to pass any airman certification re- with public agencies to allow for an incre- regulations and policies, such as the Privacy quirement, including any requirements mental expansion of access to the national Act of 1974 (5 U.S.C. 552a); under section 44703 of this title, part 61 of airspace system as technology matures and ‘‘(3) the Federal agency or person oper- title 14, Code of Federal Regulations, or any the necessary safety analyses and data be- ating on its behalf, only collect information other rule or regulation relating to airman come available, and until standards are com- using the unmanned aircraft system, or use certification. pleted and technology issues are resolved; unmanned aircraft system-collected infor- ‘‘(2) OPERATIONAL RULES.—The rulemaking ‘‘(3) to facilitate the capability of public required by paragraph (1) relating to micro agencies to develop and use test ranges, sub- mation, to the extent that the collection or unmanned aircraft systems shall consider ject to operating restrictions required by the use is consistent with and relevant to an au- the following rules, or any appropriate modi- Federal Aviation Administration, to test and thorized purpose as determined by the head fications thereof concerning altitude, air- operate public unmanned aircraft systems; of a Federal agency and consistent with the speed, geographic location, and time of day and law; as the Administrator considers appropriate, ‘‘(4) to provide guidance on a public agen- ‘‘(4) any information collected, using an for operation of such systems: cy’s responsibilities when operating an un- unmanned aircraft or an unmanned aircraft ‘‘(A) Operation an altitude of less than 400 manned aircraft without a civil airworthi- system, that may contain personal informa- feet above ground level. ness certificate issued by the Administra- tion will not be retained by any Federal ‘‘(B) Operation with an airspeed of not tion. agency for more than 180 days after the date greater than 40 knots. ‘‘(b) STANDARDS FOR OPERATION AND CER- of collection unless— ‘‘(C) Operation within the visual line of TIFICATION.—The Administrator of the Fed- ‘‘(A) the head of the Federal agency deter- sight of the operator. eral Aviation Administration shall develop mines that retention of the information is ‘‘(D) Operation during the hours between and implement operational and certification directly relevant and necessary to accom- sunrise and sunset. requirements for the operation of a public plish the specific purpose for which the Fed- ‘‘(E) Operation not less than 5 statute unmanned aircraft system in the national eral agency used the unmanned aircraft sys- miles from the geographic center of an air- airspace system. tem; port with an operational air traffic control ‘‘(c) AGREEMENTS WITH GOVERNMENT AGEN- ‘‘(B) that Federal agency maintains the in- tower or an airport denoted on a current CIES.— formation in a system of records under sec- aeronautical chart published by the Federal ‘‘(1) IN GENERAL.—The Secretary shall tion 552a of title 5; or Aviation Administration, except that a enter into an agreement with each appro- ‘‘(C) the information is required to be re- micro unmanned aircraft system may be op- priate public agency to simplify the process tained for a longer period under other appli- erated within 5 statute miles of such an air- for issuing a certificate of waiver or a cer- cable law, including regulations; port if the operator of the system— tificate of authorization with respect to an ‘‘(5) any information collected, using an ‘‘(i) provides notice to the airport operator; application for authorization to operate a unmanned aircraft or unmanned aircraft sys- and public unmanned aircraft system in the na- tem, that is not maintained in a system of ‘‘(ii) in the case of an airport with an oper- tional airspace system. records under section 552a of title 5, will not ational air traffic control tower, receives ap- ‘‘(2) CONTENTS.—An agreement under para- be disseminated outside of that Federal proval from the air traffic control tower. graph (1) shall— agency unless— ‘‘(c) SCOPE OF REGULATIONS.— ‘‘(A) with respect to an application de- ‘‘(A) dissemination is required by law; or ‘‘(1) IN GENERAL.—In determining whether scribed in paragraph (1)— ‘‘(B) dissemination satisfies an authorized a person may operate an unmanned aircraft ‘‘(i) provide for an expedited review of the purpose and complies with that Federal system under 1 or more of the circumstances application; agency’s disclosure requirements; described under paragraphs (1) through (3) of ‘‘(ii) require a decision by the Adminis- ‘‘(6) to the extent it does not compromise subsection (a), the Administrator shall use a trator on approval or disapproval not later law enforcement or national security a Fed- risk-based approach and consider, at a min- than 60 business days after the date of sub- eral agency shall— imum, the physical and functional charac- mission of the application; ‘‘(A) provide notice to the public regarding teristics of the unmanned aircraft system. ‘‘(iii) allow for an expedited appeal if the where in the national airspace system the ‘‘(2) LIMITATION.—The Administrator may application is disapproved; and Federal agency is authorized to operate the only issue regulations under this section for ‘‘(iv) if applicable, include verification of unmanned aircraft system; unmanned aircraft systems that the Admin- the data minimization policy required under ‘‘(B) keep the public informed about the istrator determines may be operated safely subsection (d); Federal agency’s unmanned aircraft system in the national airspace system. ‘‘(B) allow for a one-time approval of simi- program, including any changes to that pro- ‘‘(d) RULES OF CONSTRUCTION.—Nothing in lar operations carried out during a fixed pe- gram that would significantly affect privacy, this section may be construed— riod of time; and civil rights, or civil liberties;

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Public unmanned aircraft systems.’’. vances in technology. cluding— ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub- (2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.— ‘‘(i) a brief description of types or cat- Section 334 of the FAA Modernization and section shall be construed as expanding the egories of missions flown; and reform Act of 2012 (49 U.S.C. 40101 note) and authority of the Administrator to require ‘‘(ii) the number of times the Federal agen- the item relating to that section in the table operators of model aircraft under the exemp- cy provided assistance to other agencies or of contents under section 1(b) of that Act tion of this subsection to be required to seek to State, local, tribal, or territorial govern- (126 Stat. 13) are repealed. permissive authority of the Administrator ments; and prior to operation in the national airspace ‘‘(D) make available on a public and SEC. 2129. SPECIAL RULES FOR MODEL AIR- CRAFT. system. searchable Internet website the data mini- ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in (a) IN GENERAL.—Chapter 448, as amended mization policy of the Federal agency; by section 2128 of this Act, is further amend- this section shall be construed to limit the ‘‘(7) ensures oversight of the Federal agen- ed by inserting after section 44807 the fol- authority of the Administrator to pursue en- cy’s unmanned aircraft system use, includ- lowing: forcement action against persons operating ing— model aircraft. ‘‘§ 44808. Special rules for model aircraft ‘‘(A) the use of audits or assessments that ‘‘(d) MODEL AIRCRAFT DEFINED.—In this comply with existing Federal agency policies ‘‘(a) IN GENERAL.—Notwithstanding any section, the term ‘model aircraft’ means an and regulations; other provision of law relating to the incor- unmanned aircraft that— ‘‘(B) the verification of the existence of poration of unmanned aircraft systems into ‘‘(1) is capable of sustained flight in the at- rules of conduct and training for Federal Federal Aviation Administration plans and mosphere; and Government personnel and contractors who policies, including this chapter, the Adminis- ‘‘(2) is limited to weighing not more than work on programs, and procedures for re- trator of the Federal Aviation Administra- 55 pounds, including the weight of anything tion may not promulgate any new rule or porting suspected cases of misuse or abuse of attached to or carried by the aircraft, unless regulation specific only to an unmanned air- unmanned aircraft system technologies; otherwise approved through a design, con- craft operating as a model aircraft if— ‘‘(C) the establishment of policies and pro- struction, inspection, flight test, and oper- ‘‘(1) the aircraft is flown strictly for hobby cedures, or confirmation that policies and ational safety program administered by a or recreational use; procedures are in place, that provide mean- community-based organization.’’. ‘‘(2) the aircraft is operated in accordance ingful oversight of individuals who have ac- (b) TECHNICAL AND CONFORMING AMEND- with a community-based set of safety guide- cess to sensitive information, including per- MENTS.— lines and within the programming of a na- sonal information, collected using an un- (1) TABLE OF CONTENTS.—The table of con- manned aircraft system; tionwide community-based organization; tents for chapter 448, as amended by section ‘‘(D) ensuring that any data-sharing agree- ‘‘(3) not flown beyond visual line of sight of 2128 of this Act, is further amended by in- ments or policies, data use policies, and persons co-located with the operator or in di- serting after the item relating to section record management policies applicable to an rect communication with the operator; 44807 the following: ‘‘(4) the aircraft is operated in a manner unmanned aircraft system conform to appli- ‘‘44808. Special rules for model aircraft.’’. cable laws, regulations, and policies; that does not interfere with and gives way to any manned aircraft; (2) SPECIAL RULE FOR MODEL AIRCRAFT.— ‘‘(E) the establishment of policies and pro- Section 336 of the FAA Modernization and cedures, or confirmation that policies and ‘‘(5) when flown within 5 miles of an air- port, the operator of the aircraft provides Reform Act of 2012 (49 U.S.C. 40101 note) and procedures are in place, to authorize the use the item relating to that section in the table of an unmanned aircraft system in response the airport operator, where applicable, and the airport air traffic control tower (when an of contents under section 1(b) of that Act to a request for unmanned aircraft system (126 Stat. 13) are repealed. assistance in support of Federal, State, local, air traffic facility is located at the airport) SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERO- tribal, or territorial government operations; with prior notice and receives approval from the tower, to the extent practicable, for the NAUTICAL KNOWLEDGE AND SAFE- and TY. ‘‘(F) a requirement that State, local, trib- operation from each (model aircraft opera- tors flying from a permanent location within (a) IN GENERAL.—Chapter 448, as amended al, and territorial government recipients of by section 2129 of this Act, is further amend- Federal grant funding for the purchase or 5 miles of an airport should establish a mu- tually agreed upon operating procedure with ed by inserting after section 44808 the fol- use of unmanned aircraft systems for their lowing: own operations have in place policies and the airport operator and the airport air traf- ‘‘§ 44809. Aeronautical knowledge and safety procedures to safeguard individuals’ privacy, fic control tower (when an air traffic facility test civil rights, and civil liberties prior to ex- is located at the airport)); pending such funds; and ‘‘(6) the aircraft is flown from the surface ‘‘(a) IN GENERAL.—An individual may not ‘‘(8) ensures the protection of civil rights to not more than 400 feet in altitude, except operate an unmanned aircraft system un- and civil liberties, including— under special conditions and programs estab- less— ‘‘(A) ensuring that policies are in place to lished by a community-based organization; ‘‘(1) the individual has successfully com- prohibit the collection, use, retention, or dis- and pleted an aeronautical knowledge and safety semination of data in any manner that ‘‘(7) the operator has passed an aero- test under subsection (c); would violate the First Amendment or in nautical knowledge and safety test adminis- ‘‘(2) the individual has authority to oper- any manner that would discriminate against tered by the Federal Aviation Administra- ate an unmanned aircraft under other Fed- persons based upon their ethnicity, race, tion online for the operation of unmanned eral law; or gender, national origin, religion, sexual ori- aircraft systems subject to the requirements ‘‘(3) the individual is a holder of an airmen entation, or gender identity, in violation of of section 44809 and maintains proof of test certificate issued under section 44703. law; passage to be made available to the Adminis- ‘‘(b) EXCEPTION.—This section shall not ‘‘(B) ensuring that unmanned aircraft sys- trator or law enforcement upon request. apply to the operation of an unmanned air- ‘‘(b) UPDATES.— tem activities are performed in a manner craft system that has been authorized by the ‘‘(1) IN GENERAL.—The Administrator, in consistent with the Constitution and appli- Federal Aviation Administration under sec- collaboration with government and industry cable laws, Executive Orders, and other Pres- tion 44802, 44805, 44806, or 44807. The Adminis- stakeholders, including nationwide commu- idential directives; and trator may waive the requirements of this nity-based organizations, shall initiate a ‘‘(C) ensuring that adequate procedures are section for operators of aircraft weighing process to update the operational parameters in place to receive, investigate, and address, less than 0.55 pounds or for operators under under subsection (a), as appropriate. as appropriate, privacy, civil rights, and the age of 13 operating the unmanned air- ‘‘(2) CONSIDERATIONS.—In updating an oper- civil liberties complaints. craft system under the supervision of an ational parameter under paragraph (1), the ‘‘(e) LAW ENFORCEMENT AND NATIONAL SE- adult as determined by the Administrator. Administrator shall consider— CURITY.—Each Federal agency shall effec- ‘‘(c) AERONAUTICAL KNOWLEDGE AND SAFE- tuate a requirement under subsection (d) ‘‘(A) appropriate operational limitations to TY TEST.—Not later than 180 days after the only to the extent it does not compromise mitigate aviation safety risk and risk to the date of enactment of the Federal Aviation law enforcement or national security. uninvolved public; Administration Reauthorization Act of 2016, ‘‘(f) DEFINITION OF FEDERAL AGENCY.—In ‘‘(B) operations outside the membership, the Administrator of the Federal Aviation subsections (d) and (e), the term ‘Federal guidelines, and programming of a nationwide Administration, in consultation with manu- agency’ has the meaning given the term community-based organization; facturers of unmanned aircraft systems, ‘agency’ in section 552(f) of title 5, United ‘‘(C) physical characteristics, technical other industry stakeholders, and commu- States Code.’’. standards, and classes of aircraft operating nity-based aviation organizations, shall de- (b) TECHNICAL AND CONFORMING AMEND- under this section; velop an aeronautical knowledge and safety MENTS.— ‘‘(D) trends in use, enforcement, or inci- test that can be administered electronically. (1) TABLE OF CONTENTS.—The table of con- dents involving unmanned aircraft systems; ‘‘(d) REQUIREMENTS.—The Administrator tents for chapter 448, as amended by section and shall ensure that the aeronautical knowledge

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1947 and safety test is designed to adequately ‘‘(ii) The definition of a model aircraft ties specified in subsection (a) when its oper- demonstrate an operator’s— under section 44808. ation prevents the initiation of, interrupts, ‘‘(1) understanding of aeronautical safety ‘‘(iii) The requirements regarding a model or endangers a person or property engaged in knowledge, as applicable; and aircraft under paragraphs (1) through (7) of those activities. ‘‘(2) knowledge of Federal Aviation Admin- section 44808(a). ‘‘(c) CIVIL PENALTY.—A person violating istration regulations and requirements per- ‘‘(iv) The Administrator of the Federal subsection (a) shall be liable for a civil pen- taining to the operation of an unmanned air- Aviation Administration may pursue en- alty of not more than $20,000. craft system in the national airspace system. forcement action against a person operating ‘‘(d) COMPROMISE AND SETOFF.—The United ‘‘(e) RECORD OF COMPLIANCE.— model aircraft who endangers the safety of States Government may deduct the amount ‘‘(1) IN GENERAL.—Each operator of an un- the national airspace system. of a civil penalty imposed or compromised manned aircraft system described under sub- ‘‘(c) CIVIL PENALTY.—A person who violates under this section from the amounts the section (a) shall maintain and make avail- subsection (a) shall be liable for each viola- Government owes the person liable for the able for inspection, upon request by the Ad- tion to the United States Government for a penalty.’’. ministrator or a Federal, State, or local law civil penalty described in section 46301(a).’’. (b) TABLE OF CONTENTS.—The table of con- tents for chapter 463 is amended by inserting enforcement officer, a record of compliance (b) TABLE OF CONTENTS.—The table of con- with this section through— tents for chapter 448, as amended by section after the item relating to section 46319 the ‘‘(A) an identification number, issued by 2130 of this Act, is further amended by in- following: the Federal Aviation Administration certi- serting after the item relating to section ‘‘46320. Interference with firefighting, law en- fying passage of the aeronautical knowledge 44809 the following: forcement, or emergency re- sponse activities.’’. and safety test; ‘‘44810. Safety statements.’’. ‘‘(B) if the individual has authority to op- SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT AND AIRSPACE HAZARD MITIGA- erate an unmanned aircraft system under OPERATING UNDERGROUND. other Federal law, the requisite proof of au- TION. An unmanned aircraft system that is oper- thority under that law; or (a) IN GENERAL.—The Administrator of the ated underground for mining purposes shall ‘‘(C) an airmen certificate issued under Federal Aviation Administration shall carry not be subject to regulation or enforcement section 44703. out a pilot program for airspace hazard miti- by the Federal Aviation Administration ‘‘(2) COORDINATION.—The Administrator gation at airports and other critical infra- under chapter 448 of title 49, United States may coordinate the identification number structure. Code. (b) CONSULTATION.—In carrying out the under paragraph (1)(A) with an operator’s pilot program under subsection (a), the Ad- registration number to the extent prac- SEC. 2133. ENFORCEMENT. ministrator shall work with the Secretary of ticable. (a) UAS SAFETY ENFORCEMENT.—The Ad- Defense, Secretary of Homeland Security, ‘‘(3) LIMITATION.—No fine or penalty may ministrator of the Federal Aviation Admin- and the heads of relevant Federal agencies be imposed for the initial failure of an oper- istration shall establish a program to utilize for the purpose of ensuring technologies that ator of an unmanned aircraft system to com- available remote detection and identifica- are developed, tested, or deployed by those ply with paragraph (1) unless the Adminis- tion technologies for safety oversight, in- departments and agencies to mitigate trator finds that the conduct of the operator cluding enforcement actions against opera- threats posed by errant or hostile unmanned actually posed a risk to the national air- tors of unmanned aircraft systems that are aircraft system operations do not adversely space system.’’. not in compliance with applicable Federal (b) TABLE OF CONTENTS.—The table of con- aviation laws, including regulations. impact or interfere with safe airport oper- tents for chapter 448, as amended by section (b) CIVIL PENALTIES.— ations, navigation, and air traffic services. (c) AUTHORIZATION OF APPROPRIATIONS.— 2129 of this Act, is further amended by in- (1) IN GENERAL.—Section 46301 is amended— There is authorized to be appropriated from serting after the item relating to section (A) in subsection (a)(1)(A), by inserting the Airport and Airway Trust Fund to carry 44808 the following: ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec- tions 44717 and 44719–44723),’’; out this section $6,000,000, to remain avail- ‘‘44809. Aeronautical knowledge and safety able until expended. test.’’. (B) in subsection (a)(5), by inserting ‘‘chap- SEC. 2136. CONTRIBUTION TO FINANCING OF SEC. 2131. SAFETY STATEMENTS. ter 448,’’ after ‘‘chapter 447 (except sections 44717–44723),’’; REGULATORY FUNCTIONS. (a) IN GENERAL.—Chapter 448, as amended (a) IN GENERAL.—Chapter 448, as amended by section 2130 of this Act, is further amend- (C) in subsection (d)(2), by inserting ‘‘chap- ter 448,’’ after ‘‘chapter 447 (except sections by section 2131 of this Act, is further amend- ed by inserting after section 44809 the fol- ed by inserting after section 44810 the fol- lowing: 44717 and 44719–44723),’’; and (D) in subsection (f), by inserting ‘‘chapter lowing: ‘‘§ 44810. Safety statements 448,’’ after ‘‘chapter 447 (except 44717 and ‘‘§ 44811. Regulatory and administrative fees ‘‘(a) PROHIBITION.—Beginning on the date 44719–44723),’’. ‘‘(a) IN GENERAL.—Subject to subsection that is 1 year after the date of publication of (2) RULE OF CONSTRUCTION.—Nothing in this (b), the Administrator may assess and col- the guidance under subsection (b)(1), it shall subsection shall be construed to limit the lect regulatory and administrative fees to re- be unlawful for any person to introduce or authority of the Administrator to pursue an cover the costs of regulatory and administra- deliver for introduction into interstate com- enforcement action for a violation of this tive activities under this chapter related to merce any unmanned aircraft manufactured Act, a regulation prescribed or order or au- authorization to operate unmanned aircraft unless a safety statement is attached to the thority issued under this Act, or any other systems for compensation or hire, or in the unmanned aircraft or accompanying the un- applicable provision of aviation safety law or furtherance of a business enterprise. manned aircraft in its packaging. regulation. ‘‘(b) LIMITATIONS.—Fees authorized under ‘‘(b) SAFETY STATEMENT.— (c) REPORTING.—As part of the program, subsection (a) shall be reasonable, cost-based ‘‘(1) IN GENERAL.—Not later than 1 year the Administrator shall establish and pub- relative to the regulatory or administrative after the date of enactment of the Federal licize a mechanism for the public and Fed- activity, and may not be discriminatory or a Aviation Administration Reauthorization eral, State, and local law enforcement to re- deterrent to compliance. Act of 2016, the Administrator of the Federal port a suspected abuse or a violation of chap- ‘‘(c) RECEIPTS CREDITED TO ACCOUNT.—Not- Aviation Administration shall issue guid- ter 448 of title 49, United States Code, for en- withstanding section 3302 of title 31, all fees ance for implementing this section. forcement action. and amounts collected under this section ‘‘(2) REQUIREMENTS.—A safety statement (d) AUTHORIZATION OF APPROPRIATIONS.—To shall be credited to the separate account es- described in subsection (a) shall include— carry out this section, there is authorized to tablished under section 45303(c). Section ‘‘(A) information about laws and regula- be appropriated $5,000,000 for each of the fis- 41742 shall not apply to fees and amounts col- tions applicable to unmanned aircraft sys- cal years 2016 through 2017. lected under this section. tems; ‘‘(d) REGULATIONS.—Not later than 1 year ‘‘(B) recommendations for using unmanned SEC. 2134. AVIATION EMERGENCY SAFETY PUB- LIC SERVICES DISRUPTION. after the date of enactment of the Federal aircraft in a manner that promotes the safe- Aviation Administration Reauthorization (a) IN GENERAL.—Chapter 463 is amended— ty of persons and property; Act of 2016, the Administrator shall issue (1) in section 46301(d)(2), by inserting ‘‘sec- ‘‘(C) the date that the safety statement regulations to carry out this section.’’. tion 46320,’’ after ‘‘section 46319,’’; and was created or last modified; and (b) TABLE OF CONTENTS.—The table of con- (2) by adding at the end the following: ‘‘(D) language approved by the Adminis- tents for chapter 448, as amended by section trator regarding the following: ‘‘§ 46320. Interference with firefighting, law 2131 of this Act, is further amended by in- ‘‘(i) A person may operate the unmanned enforcement, or emergency response activi- serting after the item relating to section aircraft as a model aircraft (as defined in ties 44810 the following: section 44808) or otherwise in accordance ‘‘(a) PROHIBITION.—No person may operate ‘‘44811. Regulatory and administrative fees.’’. with Federal Aviation Administration au- an aircraft so as to interfere with fire- SEC. 2137. SENSE OF CONGRESS REGARDING thorization or regulation, including require- fighting, law enforcement, or emergency re- SMALL UAS RULEMAKING. ments for the completion of the aeronautical sponse activities. It is the sense of the Congress that the Ad- knowledge and safety test under section ‘‘(b) DEFINITION.—For purposes of this sec- ministrator of the Federal Aviation Admin- 44809. tion, an aircraft interferes with the activi- istration and Secretary of Transportation

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1948 CONGRESSIONAL RECORD — SENATE April 12, 2016 should take every necessary action to expe- cepts and top-level system requirements for cates of authorization or waiver for un- dite final action on the notice of proposed a UTM system pilot program, consistent manned aircraft systems operations in re- rulemaking dated February 23, 2015 (80 Fed. with subsection (a). sponse to a catastrophe, disaster, or other Reg. 9544), entitled ‘‘Operation and Certifi- (2) SOLICITATION.—The Administrator shall emergency, the Administrator of the Federal cation of Small Unmanned Aircraft Sys- issue a solicitation for operational prototype Aviation Administration shall act on such tems’’. systems that meet the necessary objectives applications as expeditiously as practicable SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAF- for use in a pilot program to demonstrate, and without requiring public notice and com- FIC MANAGEMENT. validate, or modify, as appropriate, the re- ment. (a) RESEARCH PLAN FOR UTM DEVELOP- quirements developed under paragraph (1). SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL MENT.— (c) COMPREHENSIVE PLAN.— GOVERNMENTS. (1) IN GENERAL.—The Administrator of the (1) IN GENERAL.—Not later than 270 days (a) PUBLIC UAS OPERATIONS BY TRIBAL Federal Aviation Administration, in coordi- after the date the pilot program under sub- GOVERNMENTS.—Section 40102(a)(41) is nation with the Administrator of the Na- section (b) is complete, the Administrator of amended by adding at the end the following: tional Aeronautics and Space Administra- the Federal Aviation Administration, in co- ‘‘(F) An unmanned aircraft that is owned tion, shall develop a research plan for un- ordination with the Administrator of the Na- and operated by or exclusively leased for at manned aircraft systems traffic management tional Aeronautics and Space Administra- least 90 consecutive days by an Indian tribal (referred to in this section as ‘‘UTM’’) devel- tion, and in consultation with the head of government (as defined in section 102 of the opment. each relevant Federal agency, shall develop Robert T. Stafford Disaster Relief and Emer- (2) REQUIREMENTS.—In developing the re- a comprehensive plan for the deployment of gency Assistance Act (42 U.S.C. 5122)), except search plan under paragraph (1), the Admin- UTM systems in the national airspace. as provided in section 40125(b).’’. istrator shall— (2) SYSTEM REQUIREMENTS.—The com- (b) CONFORMING AMENDMENT.—Section (A) identify research goals related to: prehensive plan under paragraph (1) shall in- 40125(b) is amended by striking ‘‘or (D)’’ and (i) operational parameters related to alti- clude requirements or standards consistent inserting ‘‘(D), or (F)’’. tude, geographic coverage, classes of air- with established or planned rulemaking for, SEC. 2141. CARRIAGE OF PROPERTY BY SMALL space, and critical infrastructure; at a minimum— UNMANNED AIRCRAFT SYSTEMS FOR COMPENSATION OR HIRE. (ii) avionics capability requirements or (A) the flight of small unmanned aircraft standards; (a) IN GENERAL.—Chapter 448, as amended systems in controlled and uncontrolled air- by section 2136 of this Act, is further amend- (iii) operator identification and authen- space; tication requirements and capabilities; ed by adding after section 44811 the fol- (B) communications, as applicable— lowing: (iv) communication protocols with air traf- (i) among small unmanned aircraft sys- ‘‘§ 44812. Carriage of property by small un- fic control facilities that will not interfere tems; manned aircraft systems for compensation with existing responsibility to deconflict (ii) between small unmanned aircraft sys- or hire manned aircraft in the national airspace sys- tems and manned aircraft operating in the tem; same airspace; and ‘‘(a) IN GENERAL.—Not later than 2 years (v) collision avoidance requirements; (iii) between small unmanned aircraft sys- after the date of enactment of this section, (vi) separation standards for manned and tems and air traffic control as considered the Secretary of Transportation shall issue a unmanned aircraft; and necessary; and final rule authorizing the carriage of prop- (vii) spectrum needs; erty by operators of small unmanned aircraft (C) air traffic management for small un- (B) evaluate options for the administration systems for compensation or hire within the manned aircraft systems operations. and management structure for the traffic United States. (d) SYSTEM IMPLEMENTATION.—Based on the ‘‘(b) CONTENTS.—The final rule required management of low altitude operations of comprehensive plan under subsection (c), in- under subsection (a) shall provide for the fol- small unmanned aircraft systems; and cluding the requirements under paragraph (2) lowing: (C) ensure the plan is consistent with the of that subsection, and the pilot program ‘‘(1) SMALL UAS AIR CARRIER CERTIFICATE.— broader Federal Aviation Administration under subsection (b), the Administrator shall The Administrator of the Federal Aviation regulatory and operational framework en- determine the operational need and imple- Administration, at the direction of the Sec- compassing all unmanned aircraft systems mentation schedule for evolutionary use of retary, shall establish a certificate (to be operations expected to be authorized in the automation support systems to separate and national airspace system. deconflict manned and unmanned aircraft known as a ‘small UAS air carrier certifi- (3) ASSESSMENT.—The research plan under systems. cate’) for persons that undertake directly, by lease, or other arrangement the operation of paragraph (1) shall include an assessment SEC. 2139. EMERGENCY EXEMPTION PROCESS. small unmanned aircraft systems to carry of— (a) IN GENERAL.—Not later than 90 days property in air transportation, including (A) the ability to allow near-term small after the date of enactment of this Act, the unmanned aircraft system operations with- Administrator of the Federal Aviation Ad- commercial fleet operations with highly out need of an automated UTM system; ministration shall publish guidance for ap- automated unmanned aircraft systems. The (B) the full range of operational capability plications for, and procedures for the proc- requirements to operate under a small UAS any automated UTM system should possess; essing of, on an emergency basis, exemptions air carrier certificate shall— (C) the operational characteristics and or certificates of authorization or waiver for ‘‘(A) consider the unique characteristics of metrics that would drive incremental adop- the use of unmanned aircraft systems by highly automated, small unmanned aircraft tion of automated capability and procedures civil or public operators in response to a ca- systems; and consistent with a rising aggregate commu- tastrophe, disaster, or other emergency to ‘‘(B) include requirements for the safe op- nity demand for service for low altitude op- facilitate emergency response operations, eration of small unmanned aircraft systems erations of small unmanned aircraft sys- such as firefighting, search and rescue, and that, at a minimum, address— tems; and utility and infrastructure restoration ef- ‘‘(i) airworthiness of small unmanned air- (D) the integration points for small un- forts. This guidance shall outline procedures craft systems; manned aircraft system traffic management for operations under both sections 44805 and ‘‘(ii) qualifications for operators and the with the existing national airspace system 44807, of title 49, United States Code, with type and nature of the operations; and planning and traffic management systems. priority given to applications for public un- ‘‘(iii) operating specifications governing (4) DEADLINES.—The Administrator shall— manned aircraft systems engaged in emer- the type and nature of the unmanned air- (A) initiate development of the research gency response activities. craft system air carrier operations. plan not later than 90 days after the date of (b) REQUIREMENTS.—In providing guidance ‘‘(2) SMALL UAS AIR CARRIER CERTIFICATION enactment of this Act; and under subsection (a), the Administrator PROCESS.—The Administrator, at the direc- (B) not later than 180 days after the date of shall— tion of the Secretary, shall establish a proc- enactment of this Act— (1) make explicit any safety requirements ess for the issuance of small UAS air carrier (i) complete the research plan; that must be met for the consideration of ap- certificates established pursuant to para- (ii) submit the research plan to the appro- plications that include requests for beyond graph (1) that is performance-based and en- priate committees of Congress; and visual line of sight, nighttime operations, or sures required safety levels are met. Such (iii) publish the research plan on the Fed- the suspension of otherwise applicable oper- certification process shall consider— eral Aviation Administration’s Web site. ating restrictions, consistent with public in- ‘‘(A) safety risks and the mitigation of (b) PILOT PROGRAM.— terest and safety; and those risks associated with the operation of (1) IN GENERAL.—Not later than 120 days (2) explicitly state the procedures for co- highly automated, small unmanned aircraft after the date the research plan under sub- ordinating with an incident commander, if around other manned and unmanned air- section (a) is submitted under paragraph any, to ensure operations granted under pro- craft, and over persons and property on the (4)(B) of that subsection, the Administrator cedures developed under subsection (a) do ground; of the Federal Aviation Administration shall not interfere with manned catastrophe, dis- ‘‘(B) the competencies and compliance pro- coordinate with the Administrator of the Na- aster, or other emergency response oper- grams of manufacturers, operators, and com- tional Aeronautics and Space Administra- ations or otherwise impact response efforts. panies that manufacture, operate, or both tion and the small unmanned aircraft sys- (c) REVIEW.—In processing applications on small unmanned aircraft systems and com- tems industry to develop operational con- an emergency basis for exemptions or certifi- ponents; and

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1949 ‘‘(C) compliance with the requirements es- (A) Providing advice to the Administrator Science, and Transportation of the Senate, tablished pursuant to paragraph (1). and Deputy Administrator related to the in- the Committee on Transportation and Infra- ‘‘(3) SMALL UAS AIR CARRIER CLASSIFICA- tegration of unmanned aircraft systems into structure of the House of Representatives, TION.—The Secretary shall develop a classi- the national airspace system. and the Committee on Energy and Commerce fication system for persons issued small UAS (B) Reviewing and evaluating Federal of the House of Representatives a report— air carrier certificates pursuant to this sub- Aviation Administration policies, activities, (1) on whether small unmanned aircraft section to establish economic authority for and operations related to unmanned aircraft systems operations should be permitted to the carriage of property by small unmanned systems. operate on spectrum designated for aviation aircraft systems for compensation or hire. (C) Facilitating coordination and collabo- use, on an unlicensed, shared, or exclusive Such classification shall only require— ration among components of the Federal basis, for operations within the UTM system ‘‘(A) registration with the Department of Aviation Administration with respect to ac- or outside of such a system; Transportation; and tivities related to unmanned aircraft sys- (2) that addresses any technological, statu- ‘‘(B) a valid small UAS air carrier certifi- tems integration. tory, regulatory, and operational barriers to cate issued pursuant to this subsection.’’. (D) Interacting with Congress, and Federal, the use of such spectrum; and (b) TABLE OF CONTENTS.—The table of con- State, or local agencies, and stakeholder or- (3) that, if it is determined that spectrum tents for chapter 448, as amended by section ganizations whose operations and interests designated for aviation use is not suitable 2136 of this Act, is further amended by add- are affected by the activities of the Federal for operations by small unmanned aircraft ing after the item relating to section 44811 Aviation Administration on matters related systems, includes recommendations of other the following: to unmanned aircraft systems integration. spectrum frequencies that may be appro- ‘‘44812. Carriage of property by small un- SEC. 2152. EFFECT ON OTHER LAWS. priate for such operations. manned aircraft systems for (a) FEDERAL PREEMPTION.—No State or po- SEC. 2154. APPLICATIONS FOR DESIGNATION. compensation or hire.’’. litical subdivision of a State may enact or (a) APPLICATIONS FOR DESIGNATION.—Not SEC. 2142. COLLEGIATE TRAINING INITIATIVE enforce any law, regulation, or other provi- later than 180 days after the date of enact- PROGRAM FOR UNMANNED AIR- sion having the force and effect of law relat- ment of this Act, the Secretary of Transpor- CRAFT SYSTEMS. ing to the design, manufacture, testing, li- tation shall establish a process to allow ap- (a) IN GENERAL.—Not later than 180 days censing, registration, certification, oper- plicants to petition the Administrator of the after the date of enactment of this Act, the ation, or maintenance of an unmanned air- Federal Aviation Administration to prohibit Administrator of the Federal Aviation Ad- craft system, including airspace, altitude, or otherwise limit the operation of an air- ministration shall establish a Collegiate flight paths, equipment or technology re- craft, including an unmanned aircraft, over, Training Initiative program relating to un- quirements, purpose of operations, and pilot, under, or within a specified distance from a fixed site facility. manned aircraft systems by making new operator, and observer qualifications, train- (b) REVIEW PROCESS.— agreements or continuing existing agree- ing, and certification. (1) APPLICATION PROCEDURES.— ments with institutions of higher education (b) PRESERVATION OF STATE AND LOCAL AU- (A) IN GENERAL.—The Administrator shall (as defined by the Administrator) under THORITY.—Nothing in this subtitle shall be establish the procedures for the application which the institutions prepare students for construed to limit a State or local govern- for designation under subsection (a). careers involving unmanned aircraft sys- ment’s authority to enforce Federal, State, (B) REQUIREMENTS.—The procedures shall— tems. The Administrator may establish or local laws relating to nuisance, (i) allow individual fixed site facility appli- standards for the entry of such institutions voyeurism, privacy, data security, harass- cations; and into the program and for their continued ment, reckless endangerment, wrongful (ii) allow for a group of similar facilities to participation in the program. death, personal injury, property damage, or apply for a collective designation. (b) UNMANNED AIRCRAFT SYSTEM DE- other illegal acts arising from the use of un- (C) CONSIDERATIONS.—In establishing the FINED.—In this section, the term ‘‘unmanned manned aircraft systems if such laws are not procedures, the Administrator shall consider aircraft system’’ has the meaning given that specifically related to the use of an un- how the process will apply to— term by section 44801 of title 49, United manned aircraft system. (i) critical infrastructure, such as energy States Code, as added by section 2121 of this (c) NO PREEMPTION OF COMMON LAW OR production, transmission, and distribution Act. STATUTORY CAUSES OF ACTION.—Nothing in facilities and equipment; SEC. 2143. INCORPORATION OF FEDERAL AVIA- this subtitle, nor any standard, rule, require- (ii) oil refineries and chemical facilities; TION ADMINISTRATION OCCUPA- ment, standard of performance, safety deter- TIONS RELATING TO UNMANNED (iii) amusement parks; and mination, or certification implemented pur- AIRCRAFT INTO VETERANS EMPLOY- (iv) other locations that may benefit from suant to this subtitle, shall be construed to MENT PROGRAMS OF THE ADMINIS- such restrictions. TRATION. preempt, displace, or supplant any State or (2) DETERMINATION.— Not later than 180 days after the date of Federal common law rights or any State or (A) IN GENERAL.—The Secretary shall pro- the enactment of this Act, the Adminis- Federal statute creating a remedy for civil vide for a determination under the review trator of the Federal Aviation Administra- relief, including those for civil damage, or a process established under subsection (a) not tion, in consultation with the Secretary of penalty for a criminal conduct. Notwith- later than 90 days from the date of applica- Veterans Affairs, the Secretary of Defense, standing any other provision of this subtitle, tion, unless the applicant is provided with and the Secretary of Labor, shall determine nothing in this subtitle, nor any amend- written notice describing the reason for the whether occupations of the Administration ments made by this subtitle, shall preempt delay. relating to unmanned aircraft systems tech- or preclude any cause of action for personal (B) AFFIRMATIVE DESIGNATIONS.—An af- injury, wrongful death, property damage, or nology and regulations can be incorporated firmative designation shall outline— other injury based on negligence, strict li- into the Veterans Employment Program of (i) the boundaries for unmanned aircraft ability, products liability, failure to warn, or the Administration, particularly in the operation near the fixed site facility; and any other legal theory of liability under any interaction between such program and the (ii) such other limitations that the Admin- State law, maritime law, or Federal common New Sights Work Experience Program and istrator determines may be appropriate. the Vet-Link Cooperative Education Pro- law or statutory theory. (C) CONSIDERATIONS.—In making a deter- gram. SEC. 2153. SPECTRUM. mination whether to grant or deny an appli- PART III—TRANSITION AND SAVINGS (a) IN GENERAL.—Small unmanned aircraft cation for a designation, the Administrator PROVISIONS systems may operate wireless control link, may consider— SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIR- tracking, diagnostics, payload communica- (i) aviation safety; CRAFT SYSTEMS INTEGRATION. tion, and collaborative-collision avoidance, (ii) personal safety of the uninvolved pub- (a) IN GENERAL.—There shall be in the Fed- such as vehicle-to-vehicle communication, lic; eral Aviation Administration a Senior Advi- and other uses, if permitted by and con- (iii) national security; or sor for Unmanned Aircraft Systems Integra- sistent with the Communications Act of 1934 (iv) homeland security. tion. (47 U.S.C. 151 et seq.), Federal Communica- (D) OPPORTUNITY FOR RESUBMISSION.—If an (b) QUALIFICATIONS.—The Senior Advisor tions Commission rules, and the safety-of- application is denied and the applicant can for Unmanned Aircraft Systems Integration life determination made by the Federal reasonably address the reason for the denial, shall have a demonstrated ability in man- Aviation Administration, and with carrier the Administrator may allow the applicant agement and knowledge of or experience in consent, whether they are operating within to reapply for designation. aviation. the UTM system under section 2138 of this (c) PUBLIC INFORMATION.—Designations (c) RESPONSIBILITIES.—Unless otherwise de- Act or outside such a system. under subsection (a) shall be published by termined by the Administrator of the Fed- (b) REPORT.—Not later than 180 days after the Federal Aviation Administration on a eral Aviation Administration— the date of enactment of this Act, the Ad- publicly accessible website. (1) the Senior Advisor shall report directly ministrator of the Federal Aviation Admin- SEC. 2155. USE OF UNMANNED AIRCRAFT SYS- to the Deputy Administrator of the Federal istration, the National Telecommunications TEMS AT INSTITUTIONS OF HIGHER Aviation Administration; and and Information Administration, and the EDUCATION. (2) the responsibilities of the Senior Advi- Federal Communications Commission, shall (a) IN GENERAL.—Not later than 270 days sor shall include the following: submit to the Committee on Commerce, after the date of enactment of this Act, the

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1950 CONGRESSIONAL RECORD — SENATE April 12, 2016 Administrator of the Federal Aviation Ad- have been issued under any law described zone shall be considered a violation of sub- ministration shall establish procedures and under subsection (b) of this section on or be- section (a) unless such operation is approved standards, as applicable, to facilitate the fore the effective date of this Act shall con- by the airport’s air traffic control facility or safe operation of unmanned aircraft systems tinue in effect until modified or revoked by is the result of a circumstance, such as a by institutions of higher education, includ- the Secretary of Transportation, acting malfunction, that could not have been rea- ing faculty, students, and staff. through the Administrator of the Federal sonably foreseen or prevented by the oper- (b) STANDARDS.—The procedures and stand- Aviation Administration, as applicable, by a ator. ards required under subsection (a) shall out- court of competent jurisdiction, or by oper- ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In line risk-based operational parameters to en- ation of law other than this Act. this subsection, the term ‘runway exclusion sure the safety of the national airspace sys- (b) LAWS DESCRIBED.—The laws described zone’ means a rectangular area— tem and the uninvolved public that facili- under this subsection are as follows: ‘‘(A) centered on the centerline of an ac- tates the use of unmanned aircraft systems (1) Section 332(c) of the FAA Modernization tive runway of an airport immediately for educational or research purposes. and Reform Act of 2012 (49 U.S.C. 40101 note). around which the airspace is designated as (c) UNMANNED AIRCRAFT SYSTEM AP- (2) Section 332(d) of the FAA Moderniza- class B, class C, or class D airspace at the PROVAL.—The procedures required under sub- tion and Reform Act of 2012 (49 U.S.C. 40101 surface under part 71 of title 14, Code of Fed- section (a) shall allow unmanned aircraft note). eral Regulations; and systems operated under this section to be (3) Section 333 of the FAA Modernization ‘‘(B) the length of which extends parallel modified for research purposes without and Reform Act of 2012 (49 U.S.C. 40101 note). to the runway’s centerline to points that are iterative approval from the Administrator. (4) Section 334 of the FAA Modernization 1 statute mile from each end of the runway (d) ADDITIONAL PROCEDURES.—The Admin- and Reform Act of 2012 (49 U.S.C. 40101 note). and the width of which is 1⁄2 statute mile.’’. istrator shall establish a procedure to pro- (5) Section 336 of the FAA Modernization (b) CLERICAL AMENDMENT.—The table of vide for streamlined, risk-based operational and Reform Act of 2012 (49 U.S.C. 40101 note). sections for chapter 2 of title 18, United approval for unmanned aircraft systems op- (c) EFFECT ON PENDING PROCEEDINGS.—This States Code, is amended by inserting after erated by institutions of higher education, Act shall not affect administrative or judi- the item relating to section 39A the fol- including faculty, students, and staff, out- cial proceedings pending on the effective lowing: date of this Act. side of the parameters or purposes set forth ‘‘39B. Unsafe operation of unmanned air- in subsection (b). PART IV—OPERATOR SAFETY craft.’’. (e) DEADLINES.— SEC. 2161. SHORT TITLE. Subtitle B—FAA Safety Certification Reform (1) IN GENERAL.—If, by the date that is 270 This part may be cited as the ‘‘Drone Oper- days after the date of enactment of this Act, ator Safety Act’’. PART I—GENERAL PROVISIONS the Administrator has not set forth stand- SEC. 2162. FINDINGS; SENSE OF CONGRESS. SEC. 2211. DEFINITIONS. ards and procedures required under sub- (a) FINDING.—Congress finds that educating In this subtitle: sections (a), (b), and (c), an institution of operators of unmanned aircraft about the (1) ADMINISTRATOR.—The term ‘‘Adminis- higher education may— laws and regulations that govern such air- trator’’ means the Administrator of the Fed- (A) without specific approval from the Fed- craft helps to ensure their safe operation. eral Aviation Administration. eral Aviation Administration, operate small (b) SENSE OF CONGRESS.—It is the sense of (2) ADVISORY COMMITTEE.—The term ‘‘Advi- unmanned aircraft at model aircraft fields Congress that the Administrator of the Fed- sory Committee’’ means the Safety Over- approved by the Academy of Model Aero- eral Aviation Administration should con- sight and Certification Advisory Committee nautics and with the permission of the local tinue to prioritize the education of operators established under section 2212. club of the Academy of Model Aeronautics; of unmanned aircraft through public out- (3) FAA.—The term ‘‘FAA’’ means the Fed- and reach efforts like the ‘‘Know Before You eral Aviation Administration. (B) submit to the Federal Aviation Admin- Fly’’ campaign. (4) SECRETARY.—The term ‘‘Secretary’’ istration applications for approval of the in- SEC. 2163. UNSAFE OPERATION OF UNMANNED means the Secretary of Transportation. stitution’s designation of 1 or more outdoor AIRCRAFT. (5) SYSTEMS SAFETY APPROACH.—The term flight fields. (a) IN GENERAL.—Chapter 2 of title 18, ‘‘systems safety approach’’ means the appli- (2) CONSEQUENCE OF FAILURE TO APPROVE.— United States Code, is amended— cation of specialized technical and manage- If the Administrator does not take action (1) in section 31— rial skills to the systematic, forward-looking with respect to an application submitted (A) in subsection (a)— identification and control of hazards under paragraph (1)(B) within 30 days of the (i) by redesignating paragraph (10) as para- throughout the lifecycle of a project, pro- submission of the application, the failure to graph (11); and gram, or activity. do so shall be treated as approval of the ap- (ii) by inserting after paragraph (9) the fol- SEC. 2212. SAFETY OVERSIGHT AND CERTIFI- plication. lowing: CATION ADVISORY COMMITTEE. (f) DEFINITIONS.—In this section: ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un- (a) ESTABLISHMENT.—Not later than 60 days (1) INSTITUTION OF HIGHER EDUCATION.—The manned aircraft’ has the meaning given such after the date of enactment of this Act, the term ‘‘institution of higher education’’ has term in section 44801 of title 49.’’; and Secretary shall establish a Safety Oversight the meaning given that term by section (B) in subsection (b), by inserting ‘‘ ‘air- and Certification Advisory Committee in ac- 101(a) of the Higher Education Act of 1965 (20 port’,’’ before ‘‘ ‘appliance’ ’’; and cordance with this section. U.S.C. 1001(a)). (2) by inserting after section 39A the fol- (b) DUTIES.—The Advisory Committee shall (2) UNMANNED AIRCRAFT SYSTEM.—The term lowing: provide advice to the Secretary on policy- ‘‘unmanned aircraft system’’ has the mean- ‘‘§ 39B. Unsafe operation of unmanned air- level issues facing the aviation community ing given the term in section 44801 of title 49, craft that are related to FAA safety oversight and United States Code, as added by section 2121 ‘‘(a) OFFENSE.—Any person who operates certification programs and activities, includ- of this Act. an unmanned aircraft and, in so doing, ing the following: (3) EDUCATIONAL OR RESEARCH PURPOSES.— knowingly or recklessly interferes with, or (1) Aircraft and flight standards certifi- The term ‘‘educational or research pur- disrupts the operation of, an aircraft car- cation processes, including efforts to stream- poses’’, with respect to the operation of an rying 1 or more occupants operating in the line those processes. unmanned aircraft system by an institution special aircraft jurisdiction of the United (2) Implementation and oversight of safety of higher education, includes— States, in a manner that poses an imminent management systems. (A) instruction of students at the institu- safety hazard to such occupants, shall be (3) Risk-based oversight efforts. tion; punished as provided in subsection (b). (4) Utilization of delegation and designa- (B) academic or research related use of un- ‘‘(b) PENALTY.— tion authorities, including organization des- manned aircraft systems by student organi- ‘‘(1) IN GENERAL.—Except as provided in ignation authorization. zations recognized by the institution, if such paragraph (2), the punishment for an offense (5) Regulatory interpretation standardiza- use has been approved by the institution; under subsection (a) shall be a fine under tion efforts. (C) activities undertaken by the institu- this title, imprisonment for not more than 1 (6) Training programs. tion as part of research projects, including year, or both. (7) Expediting the rulemaking process and research projects sponsored by the Federal ‘‘(2) SERIOUS BODILY INJURY OR DEATH.— prioritizing safety-related rules. Government; and Any person who attempts to cause, or know- (8) Enhancing global competitiveness of (D) other academic activities at the insti- ingly or recklessly causes, serious bodily in- U.S. manufactured and FAA type-certificate tution, including general research, engineer- jury or death during the commission of an aircraft products and services throughout ing, and robotics. offense under subsection (a) shall be fined the world. SEC. 2156. TRANSITION LANGUAGE. under this title, imprisoned for any term of (c) FUNCTIONS.—In carrying out its duties (a) REGULATIONS.—Notwithstanding the re- years or for life, or both. under subsection (b) related to FAA safety peals under sections 2122(b)(2), 2125(b)(2), ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN oversight and certification programs and ac- 2126(b)(2), 2128(b)(2), and 2129(b)(2) of this Act, CLOSE PROXIMITY TO AIRPORTS.— tivities, the Advisory Committee shall— all orders, determinations, rules, regula- ‘‘(1) IN GENERAL.—The operation of an un- (1) foster aviation stakeholder collabora- tions, permits, grants, and contracts, which manned aircraft within a runway exclusion tion in an open and transparent manner;

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(2) consult with, and ensure participation (B) DUTIES.—A nonvoting member may— PART II—AIRCRAFT CERTIFICATION by— (i) take part in deliberations of the Advi- REFORM (A) the private sector, including represent- sory Committee; and SEC. 2221. AIRCRAFT CERTIFICATION PERFORM- atives of— (ii) provide input with respect to any re- ANCE OBJECTIVES AND METRICS. (i) general aviation; port or recommendation of the Advisory (a) IN GENERAL.—Not later than 120 days (ii) commercial aviation; Committee. after the date the Advisory Committee is es- (iii) aviation labor; (C) LIMITATION.—A nonvoting member may tablished under section 2212, the Adminis- (iv) aviation, aerospace, and avionics man- not represent any stakeholder interest other trator shall establish performance objectives ufacturing; and than that of an FAA safety oversight pro- and apply and track performance metrics for (v) unmanned aircraft systems industry; gram office. the FAA and the aviation industry relating and (3) TERMS.—Each voting member and non- to aircraft certification in accordance with (B) the public; voting member of the Advisory Committee this section. (3) recommend consensus national goals, shall be appointed for a term of 2 years. (b) COLLABORATION.—The Administrator strategic objectives, and priorities for the (4) RULE OF CONSTRUCTION.—Public Law shall carry out this section in collaboration most efficient, streamlined, and cost-effec- 104–65 (2 U.S.C. 1601 et seq.) may not be con- with the Advisory Committee and update tive safety oversight and certification proc- strued to prohibit or otherwise limit the ap- agency performance objectives and metrics esses in order to maintain the safety of the pointment of any individual as a member of after considering the proposals recommended aviation system while allowing the FAA to the Advisory Committee. by the Advisory Committee under para- meet future needs and ensure that aviation graphs (8) and (9) of section 2212(c). stakeholders remain competitive in the glob- (e) COMMITTEE CHARACTERISTICS.—The Ad- (c) PERFORMANCE OBJECTIVES.—In estab- al marketplace; visory Committee shall have the following lishing performance objectives under sub- (4) provide policy recommendations for the characteristics: section (a), the Administrator shall ensure FAA’s safety oversight and certification ef- (1) Each voting member under subsection progress is made toward, at a minimum— forts; (d)(1)(B) shall be an executive that has deci- (1) eliminating certification delays and im- (5) periodically review and provide rec- sion authority within the member’s organi- proving cycle times; ommendations regarding the FAA’s safety zation and can represent and enter into com- oversight and certification efforts; mitments on behalf of that organization in a (2) increasing accountability for both FAA (6) periodically review and evaluate reg- way that serves the entire group of organiza- and the aviation industry; istration, certification, and related fees; tions that member represents under that (3) achieving full utilization of FAA dele- (7) provide appropriate legislative, regu- subsection. gation and designation authorities, including latory, and guidance recommendations for (2) The ability to obtain necessary infor- organizational designation authorization; the air transportation system and the avia- mation from experts in the aviation and (4) fully implementing risk management tion safety regulatory environment; aerospace communities. principles and a systems safety approach; (8) recommend performance objectives for (3) A membership size that enables the Ad- (5) reducing duplication of effort; the FAA and aviation industry; visory Committee to have substantive dis- (6) increasing transparency; (9) recommend performance metrics for the cussions and reach consensus on issues in an (7) developing and providing training, in- FAA and the aviation industry to be tracked expeditious manner. cluding recurrent training, in auditing and a and reviewed as streamlining certification (4) Appropriate expertise, including exper- systems safety approach to certification reform, flight standards reform, and regula- tise in certification and risk-based safety oversight; tion standardization efforts progress; oversight processes, operations, policy, tech- (8) improving the process for approving or (10) provide a venue for tracking progress nology, labor relations, training, and fi- accepting the certification actions between toward national goals and sustaining joint nance. the FAA and bilateral partners; commitments; (9) maintaining and improving safety; (f) CHAIRPERSON.— (11) recommend recruiting, hiring, staffing (10) streamlining the hiring process for— (1) IN GENERAL.—The chairperson of the levels, training, and continuing education (A) qualified systems safety engineers at Advisory Committee shall be appointed by objectives for FAA aviation safety engineers staffing levels to support the FAA’s efforts the Secretary from among the voting mem- and aviation safety inspectors; to implement a systems safety approach; and bers under subsection (d)(1)(B). (12) provide advice and recommendations (B) qualified systems safety engineers to to the FAA on how to prioritize safety rule- (2) TERM.—Each member appointed under guide the engineering of complex systems making projects; paragraph (1) shall serve a term of 2 years as within the FAA; and (13) improve the development of FAA regu- chairperson. (11) maintaining the leadership of the lations by providing information, advice, and (g) MEETINGS.— United States in international aviation and recommendations related to aviation issues; (1) FREQUENCY.—The Advisory Committee aerospace. (14) encourage the validation of U.S. manu- shall convene at least 2 meetings a year at (d) PERFORMANCE METRICS.—In carrying factured and FAA type-certificate aircraft the call of the chairperson. out subsection (a), the Administrator shall— products and services throughout the world; (2) PUBLIC ATTENDANCE.—Each meeting of (1) apply and track performance metrics and the Advisory Committee shall be open and for the FAA and the aviation industry; and (15) any other functions as determined ap- accessible to the public. (2) transmit to the appropriate committees propriate by the chairperson of the Advisory of Congress an annual report on tracking the (h) SPECIAL COMMITTEES.— Committee and the Administrator. progress toward full implementation of the (1) ESTABLISHMENT.—The Advisory Com- (d) MEMBERSHIP.— recommendations under section 2212. mittee may establish 1 or more special com- (1) VOTING MEMBERS.—The Advisory Com- (e) DATA.— mittees composed of private sector rep- mittee shall be composed of the following (1) BASELINES.—Not later than 1 year after resentatives, members of the public, labor voting members: the date the Advisory Committee rec- representatives, and other relevant parties (A) The Administrator, or the Administra- ommends initial performance metrics under in complying with consultation and partici- tor’s designee. section 2212(c)(9), the Administrator shall pation requirements under subsection (c)(2). (B) At least 1 representative, appointed by generate initial data with respect to each of (2) RULEMAKING ADVICE.—A special com- the Secretary, of each of the following: the performance metrics applied and tracked mittee established by the Advisory Com- (i) Aircraft and engine manufacturers. under this section. mittee may— (ii) Avionics and equipment manufactur- (2) BENCHMARKS.—The Administrator shall (A) provide rulemaking advice and rec- ers. use the performance metrics applied and ommendations to the Advisory Committee; (iii) Aviation labor organizations, includ- tracked under this section to generate data (B) provide the FAA additional opportuni- ing collective bargaining representatives of on an ongoing basis and to measure progress ties to obtain firsthand information and in- FAA aviation safety inspectors and aviation toward the consensus national goals, stra- sight from those persons that are most af- safety engineers. tegic objectives, and priorities recommended fected by existing and proposed regulations; (iv) General aviation operators. under section 2212(c)(3). and (v) Air carriers. (f) PUBLICATION.— (C) assist in expediting the development, (vi) Business aviation operators. (1) IN GENERAL.—Subject to paragraph (2), revision, or elimination of rules in accord- (vii) Unmanned aircraft systems manufac- the Administrator shall make data gen- ance with, and without circumventing, es- turers and operators. erated using the performance metrics ap- tablished public rulemaking processes and (viii) Aviation safety management experts. plied and tracked under this section avail- procedures. (2) NONVOTING MEMBERS.— able in a searchable, sortable, and (3) FEDERAL ADVISORY COMMITTEE ACT.— (A) IN GENERAL.—In addition to the mem- downloadable format through the Internet The Federal Advisory Committee Act (5 bers appointed under paragraph (1), the Advi- Web site of the FAA or other appropriate U.S.C. App.) shall not apply to a special com- sory Committee shall be composed of non- methods. mittee under this subsection. voting members appointed by the Secretary (2) LIMITATIONS.—The Administrator shall from among individuals representing FAA (i) SUNSET.—The Advisory Committee shall make the data under paragraph (1) available safety oversight program offices. cease to exist on September 30, 2017. in a manner that—

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(A) protects from disclosure identifying in- ‘‘(3) FUNCTIONS.—The ODA Office shall— (1) ESTABLISHMENT.—Not later than 60 days formation regarding an individual or entity; ‘‘(A)(i) at the request of an ODA holder, after the date of enactment of this Act, the and eliminate all limitations specified in a pro- Administrator of the FAA shall convene a (B) protects from inappropriate disclosure cedures manual in place on the date of enact- multidisciplinary expert review panel (re- proprietary information. ment of the Federal Aviation Administration ferred to in this section as the ‘‘Panel’’). SEC. 2222. ORGANIZATION DESIGNATION AU- Reauthorization Act of 2016 that are low and (2) COMPOSITION.— THORIZATIONS. medium risk as determined by a risk anal- (A) IN GENERAL.—The Panel shall be com- (a) IN GENERAL.—Chapter 447 is amended ysis using criteria established by the ODA posed of not more than 20 members ap- by adding at the end the following: Office and disclosed to the ODA holder, ex- pointed by the Administrator. ‘‘§ 44736. Organization designation authoriza- cept where an ODA holder’s performance (B) QUALIFICATIONS.—The members ap- tions warrants the retention of a specific limita- pointed to the Panel shall— ‘‘(a) DELEGATIONS OF FUNCTIONS.— tion due to documented concerns about inad- (i) each have a minimum of 5 years of expe- ‘‘(1) IN GENERAL.—Except as provided in equate current performance in carrying out rience in processes and procedures under the paragraph (3), in the oversight of an ODA that authorized function; ODA program; and holder, the Administrator of the Federal ‘‘(ii) require an ODA holder to establish a (ii) include representatives of ODA holders, Aviation Administration, in accordance with corrective action plan to regain authority aviation manufacturers, safety experts, and Federal Aviation Administration standards, for any retained limitations; FAA labor organizations, including labor shall— ‘‘(iii) require an ODA holder to notify the representatives of FAA aviation safety in- ‘‘(A) require, based on an application sub- ODA Office when all corrective actions have spectors and aviation safety engineers. mitted by the ODA holder and approved by been accomplished; (b) SURVEY.—The Panel shall survey ODA the Administrator (or the Administrator’s ‘‘(iv) make a reassessment to determine if holders and ODA program applicants to doc- designee), a procedures manual that address- subsequent performance in carrying out any ument FAA safety oversight and certifi- es all procedures and limitations regarding retained limitation warrants continued re- cation programs and activities, including the the specified functions to be performed by tention and, if such reassessment determines FAA’s use of the ODA program and the speed the ODA holder subject to regulations pre- performance meets objectives, lift such limi- and efficiency of the certification process. In scribed by the Administrator; tation immediately; carrying out this subsection, the Adminis- ‘‘(B) delegate fully to the ODA holder each ‘‘(B) improve the Administration and the trator shall consult with the appropriate of the functions specified in the procedures ODA holder performance and ensure full use survey experts and the Panel to best design manual, unless the Administrator deter- of the authorities delegated under the ODA and conduct the survey. mines, after the date of the delegation and as program; (c) ASSESSMENT.—The Panel shall— a result of an inspection or other investiga- ‘‘(C) develop a more consistent approach to (1) conduct an assessment of— tion, that the public interest and safety of audit priorities, procedures, and training (A) the FAA’s processes and procedures air commerce requires a limitation with re- under the ODA program; under the ODA program and whether the spect to 1 or more of the functions; and ‘‘(D) expeditiously review a random sample processes and procedures function as in- ‘‘(C) conduct oversight activities, includ- of limitations on delegated authorities under tended; ing by inspecting the ODA holder’s delegated the ODA program to determine if the limita- (B) the best practices of and lessons functions and taking action based on vali- tions are appropriate; learned by ODA holders and the FAA per- dated inspection findings. ‘‘(E) review and approve new limitations to sonnel who provide oversight of ODA hold- ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA ODA functions; and ers; holder shall— ‘‘(F) ensure national consistency in the in- (C) the performance incentive policies, re- ‘‘(A) perform each specified function dele- terpretation and application of the require- lated to the ODA program for FAA per- gated to the ODA holder in accordance with ments of the ODA program, including any sonnel, that do not conflict with the public the approved procedures manual for the dele- limitations, and in the performance of the interest; gation; ODA program. (D) the training activities related to the ‘‘(B) make the procedures manual avail- ‘‘(c) DEFINITIONS.—In this section: ODA program for FAA personnel and ODA able to each member of the appropriate ODA ‘‘(1) ODA OR ORGANIZATION DESIGNATION AU- holders; and unit; and THORIZATION.—The term ‘ODA’ or ‘organiza- (E) the impact, if any, that oversight of ‘‘(C) cooperate fully with oversight activi- tion designation authorization’ means an au- the ODA program has on FAA resources and ties conducted by the Administrator in con- thorization under section 44702(d) to perform the FAA’s ability to process applications for nection with the delegation. approved functions on behalf of the Adminis- certifications outside of the ODA program; trator of the Federal Aviation Administra- ‘‘(3) EXISTING ODA HOLDERS.—With regard and tion under subpart D of part 183 of title 14, to an ODA holder operating under a proce- (2) make recommendations for improving Code of Federal Regulations. dures manual approved by the Administrator FAA safety oversight and certification pro- ‘‘(2) ODA HOLDER.—The term ‘ODA holder’ before the date of enactment of the Federal grams and activities based on the results of means an entity authorized under section Aviation Administration Reauthorization the survey under subsection (b) and each ele- 44702(d)— Act of 2016, the Administrator shall— ment of the assessment under paragraph (1) ‘‘(A) to which the Administrator of the ‘‘(A) at the request of the ODA holder, and of this subsection. Federal Aviation Administration issues an in an expeditious manner, consider revisions (d) REPORT.—Not later than 180 days after to the ODA holder’s procedures manual; ODA letter of designation under subpart D of the date the Panel is convened under sub- ‘‘(B) delegate fully to the ODA holder each part 183 of title 14, Code of Federal Regula- section (a), the Panel shall submit to the Ad- of the functions specified in the procedures tions (or any corresponding similar regula- ministrator, the Advisory Committee estab- manual, unless the Administrator deter- tion or ruling); and lished under section 2212, and the appro- mines, after the date of the delegation and as ‘‘(B) that is responsible for administering 1 priate committees of Congress a report on a result of an inspection or other investiga- or more ODA units. results of the survey under subsection (b) tion, that the public interest and safety of ‘‘(3) ODA PROGRAM.—The term ‘ODA pro- and the assessment and recommendations air commerce requires a limitation with re- gram’ means the program to standardize under subsection (c). spect to 1 or more of the functions; and Federal Aviation Administration manage- (e) DEFINITIONS.—The terms used in this ‘‘(C) conduct oversight activities, includ- ment and oversight of the organizations that section have the meanings given the terms ing by inspecting the ODA holder’s delegated are approved to perform certain functions on in section 44736 of title 49, United States functions and taking action based on vali- behalf of the Administration under section Code. dated inspection findings. 44702(d). (f) FEDERAL ADVISORY COMMITTEE ACT.— ‘‘(b) ODA OFFICE.— ‘‘(4) ODA UNIT.—The term ‘ODA unit’ The Federal Advisory Committee Act (5 ‘‘(1) ESTABLISHMENT.—Not later than 120 means a group of 2 or more individuals under U.S.C. App.) shall not apply to the Panel. days after the date of enactment of Federal the supervision of an ODA holder who per- (g) SUNSET.—The Panel shall terminate on Aviation Administration Reauthorization form the specified functions under an ODA. the date the report is submitted under sub- Act of 2016, the Administrator shall identify, ‘‘(5) ORGANIZATION.—The term ‘organiza- section (d). within the Office of Aviation Safety, a cen- tion’ means a firm, a partnership, a corpora- SEC. 2224. TYPE CERTIFICATION RESOLUTION tralized policy office to be responsible for tion, a company, an association, a joint- PROCESS. the organization designation authorization stock association, or a governmental enti- (a) IN GENERAL.—Section 44704(a) is amend- (referred to in this subsection as the ODA Of- ty.’’. ed by adding at the end the following: fice). The Director of the ODA Office shall (b) TECHNICAL AND CONFORMING AMEND- ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC- report to the Director of the Aircraft Certifi- MENTS.—The table of contents of chapter 447 ESS.— cation Service. is amended by adding after the item relating ‘‘(A) IN GENERAL.—Not later than 15 ‘‘(2) PURPOSE.—The purpose of the ODA Of- to section 44735 the following: months after the date of enactment of Fed- fice shall be to provide oversight and ensure ‘‘44736. Organization designation authoriza- eral Aviation Administration Reauthoriza- consistency of the Federal Aviation Admin- tions.’’. tion Act of 2016, the Administrator shall es- istration audit functions under the ODA pro- SEC. 2223. ODA REVIEW. tablish an effective, expeditious, and mile- gram across the agency. (a) EXPERT REVIEW PANEL.— stone-based issue resolution process for type

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1953 certification activities under this sub- PART III—FLIGHT STANDARDS REFORM SEC. 2232. FAA TASK FORCE ON FLIGHT STAND- section. ARDS REFORM. SEC. 2231. FLIGHT STANDARDS PERFORMANCE ‘‘(B) PROCESS REQUIREMENTS.—The resolu- (a) ESTABLISHMENT.—Not later than 90 days OBJECTIVES AND METRICS. tion process shall provide for— after the date of enactment of this Act, the ‘‘(i) the resolution of technical issues at (a) IN GENERAL.—Not later than 120 days Administrator shall establish the FAA Task preestablished stages of the certification after the date the Advisory Committee is es- Force on Flight Standards Reform (referred process, as agreed to by the Administrator tablished under section 2212, the Adminis- to in this section as the ‘‘Task Force’’). and the type certificate applicant; trator shall establish performance objectives (b) MEMBERSHIP.— ‘‘(ii) the automatic escalation to appro- and apply and track performance metrics for (1) APPOINTMENT.—The membership of the priate management personnel of the Federal the FAA and the aviation industry relating Task Force shall be appointed by the Admin- Aviation Administration and the type cer- to flight standards activities in accordance istrator. tificate applicant of any major certification with this section. (2) NUMBER.—The Task Force shall be com- posed of not more than 20 members. process milestone that is not completed or (b) COLLABORATION.—The Administrator resolved within a specific period of time shall carry out this section in collaboration (3) REPRESENTATION REQUIREMENTS.—The agreed to by the Administrator and the type with the Advisory Committee and update membership of the Task Force shall include certificate applicant; and agency performance objectives and metrics representatives, with knowledge of flight ‘‘(iii) the resolution of a major certifi- after considering the recommendations of standards regulatory processes and require- cation process milestone escalated under the Advisory Committee under paragraphs ments, of— clause (ii) within a specific period of time (8) and (9) of section 2212(c). (A) air carriers; agreed to by the Administrator and the type (B) general aviation; (c) PERFORMANCE OBJECTIVES.—In carrying (C) business aviation; certificate applicant. out subsection (a), the Administrator shall ‘‘(C) DEFINITION OF MAJOR CERTIFICATION (D) repair stations; ensure that progress is made toward, at a (E) unmanned aircraft systems operators; PROCESS MILESTONE.—In this paragraph, the minimum— term ‘major certification process milestone’ (F) flight schools; (1) eliminating delays with respect to such (G) labor unions, including those rep- means a milestone related to a type certifi- activities; cation basis, type certification plan, type in- resenting FAA aviation safety inspectors (2) increasing accountability for both FAA and those representing FAA aviation safety spection authorization, issue paper, or other and the aviation industry; major type certification activity agreed to engineers; and (3) fully implementing risk management (H) aviation safety experts. by the Administrator and the type certifi- principles and a systems safety approach; cate applicant.’’. (c) DUTIES.—The duties of the Task Force (4) reducing duplication of effort; shall include, at a minimum, identifying (b) TECHNICAL AND CONFORMING AMEND- (5) promoting appropriate compliance ac- cost-effective best practices and providing MENTS.—Section 44704 is amended in the tivities and eliminating inconsistent regu- recommendations with respect to— heading by striking ‘‘airworthiness certifi- latory interpretations and inconsistent en- (1) simplifying and streamlining flight cates,,’’ and inserting ‘‘airworthiness certifi- forcement activities; standards regulatory processes; cates,’’. (6) improving and providing greater oppor- (2) reorganizing the Flight Standards Serv- SEC. 2225. SAFETY ENHANCING TECHNOLOGIES tunities for training, including recurrent ice to establish an entity organized by func- FOR SMALL GENERAL AVIATION AIR- training, in auditing and a systems safety PLANES. tion rather than geographic region, if appro- approach to oversight; priate; (a) POLICY.—In a manner consistent with (7) developing and allowing the use of a (3) FAA aviation safety inspector training the Small Airplane Revitalization Act of 2013 single master source for guidance; opportunities; (49 U.S.C. 44704 note), not later than 180 days (8) providing and using a streamlined ap- (4) FAA aviation safety inspector stand- after the date of enactment of this Act, the peal process for the resolution of regulatory ards and performance; and Administrator shall establish and begin im- interpretation questions; (5) achieving, across the FAA, consistent— plementing a risk-based policy that stream- (9) maintaining and improving safety; and (A) regulatory interpretations; and lines the installation of safety enhancing (10) increasing transparency. (B) application of oversight activities. technologies for small general aviation air- (d) PERFORMANCE METRICS.—In carrying (d) REPORT.—Not later than 1 year after planes in a manner that reduces regulatory the date of enactment of this Act, the Task delays and significantly improves safety. out subsection (a), the Administrator shall— (1) apply and track performance metrics Force shall submit to the Administrator, Ad- (b) INCLUSIONS.—The safety enhancing for the FAA and the aviation industry; and visory Committee established under section technologies for small general aviation air- 2212, and appropriate committees of Congress planes described in subsection (a) shall in- (2) transmit to the appropriate committees of Congress an annual report tracking the a report detailing— clude, at a minimum, the replacement or (1) the best practices identified and rec- retrofit of primary flight displays, auto pi- progress toward full implementation of the performance metrics under section 2212. ommendations provided by the Task Force lots, engine monitors, and navigation equip- under subsection (c); and (e) DATA.— ment. (2) any recommendations of the Task Force (1) BASELINES.—Not later than 1 year after (c) COLLABORATION.—In carrying out this for additional regulatory action or cost-ef- the date the Advisory Committee rec- section, the Administrator shall collaborate fective legislative action. ommends initial performance metrics under with general aviation operators, general (e) FEDERAL ADVISORY COMMITTEE ACT.— section 2212(c)(9), the Administrator shall aviation manufacturers, and appropriate The Federal Advisory Committee Act (5 generate initial data with respect to each of FAA labor organizations, including rep- U.S.C. App.) shall not apply to the Task the performance metrics applied and tracked resentatives of FAA aviation safety inspec- Force. that are approved based on the recommenda- tors and aviation safety engineers, certified (f) SUNSET.—The Task Force shall cease to under section 7111 of title 5, United States tions required under this section. exist on the date that the Task Force sub- Code. (2) BENCHMARKS.—The Administrator shall mits the report required under subsection (d) DEFINITION OF SMALL GENERAL AVIATION use the performance metrics applied and (d). tracked under this section to generate data AIRPLANE.—In this section, the term ‘‘small SEC. 2233. CENTRALIZED SAFETY GUIDANCE general aviation airplane’’ means an air- on an ongoing basis and to measure progress DATABASE. plane that— toward the consensus national goals, stra- (a) ESTABLISHMENT.—Not later than 1 year (1) is certified to the standards of part 23 of tegic objectives, and priorities recommended after the date of enactment of this Act, the title 14, Code of Federal Regulations; under section 2212(c)(3). Administrator of the FAA shall establish a (2) has a seating capacity of not more than (f) PUBLICATION.— centralized safety guidance database for all 9 passengers; and (1) IN GENERAL.—Subject to paragraph (2), of the regulatory guidance issued by the (3) is not used in scheduled passenger-car- the Administrator shall make data gen- FAA Office of Aviation Safety regarding rying operations under part 121 of title 14, erated using the performance metrics ap- compliance with 1 or more aviation safety- Code of Federal Regulations. plied and tracked under this section avail- related provisions of the Code of Federal SEC. 2226. STREAMLINING CERTIFICATION OF able in a searchable, sortable, and Regulations. SMALL GENERAL AVIATION AIR- downloadable format through the Internet (b) REQUIREMENTS.—The database under PLANES. Web site of the FAA or other appropriate subsection (a) shall— (a) FINAL RULEMAKING.—Not later than De- methods. (1) for each guidance, include a link to the cember 31, 2016, the Administrator shall (2) LIMITATIONS.—The Administrator shall specific provision of the Code of Federal Reg- issue a final rulemaking to comply with sec- make the data under paragraph (1) available ulations; tion 3 of the Small Airplane Revitalization in a manner that— (2) subject to paragraph (3), be accessible Act of 2013 (49 U.S.C. 44704 note). (A) protects from disclosure identifying in- to the public; and (b) GOVERNMENT REVIEW.—The Federal formation regarding an individual or entity; (3) be provided in a manner that— Government’s review process shall be and (A) protects from disclosure identifying in- streamlined to meet the deadline in sub- (B) protects from inappropriate disclosure formation regarding an individual or entity; section (a). proprietary information. and

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(5) Ensure that responses to questions ments under this section assisted in reducing (c) DATA ENTRY TIMING.— under this subsection are incorporated into the amount of time necessary for foreign au- (1) EXISTING DOCUMENTS.—Not later than 14 regulatory guidance (as defined in section thorities’ validations of FAA certificates and months after the date the database is estab- 2233(e)). design approvals. lished, the Administrator shall have com- (e) PERFORMANCE METRICS, TIMELINES, AND (d) DEFINITIONS.—In this section: pleted entering into the database any appli- GOALS.—Not later than 180 days after the (1) APPLICANT.—The term ‘‘applicant’’ cable regulatory guidance that are in effect date that the Advisory Committee rec- means a person that has applied to a foreign and were issued before that date. ommends performance objectives and per- authority for the acceptance or validation of (2) NEW REGULATORY GUIDANCE AND UP- formance metrics for the FAA and the avia- an FAA certificate or design approval. DATES.—Beginning on the date the database tion industry under paragraphs (8) and (9) of (2) CERTIFICATE HOLDER.—The term ‘‘cer- is established, the Administrator shall en- section 2212(c), the Administrator, in col- tificate holder’’ means a person that holds a sure that any applicable regulatory guidance laboration with the Advisory Committee, certificate issued by the Administrator that are issued on or after that date are en- shall— under part 21 of title 14, Code of Federal Reg- tered into the database as they are issued. (1) establish performance metrics, ulations. (d) CONSULTATION REQUIREMENT.—In estab- timelines, and goals to measure the progress PART IV—SAFETY WORKFORCE lishing the database under subsection (a), of the Board in resolving regulatory inter- the Administrator shall consult and collabo- SEC. 2241. SAFETY WORKFORCE TRAINING pretation questions submitted under sub- STRATEGY. rate with appropriate stakeholders, includ- section (d)(1); and (a) SAFETY WORKFORCE TRAINING STRAT- ing labor organizations (including those rep- (2) implement a process for tracking the EGY.—Not later than 60 days after the date of resenting aviation workers, FAA aviation progress of the Board in meeting the per- enactment of this Act, the Administrator of safety engineers, and FAA aviation safety formance metrics, timelines, and goals under the FAA shall review and revise its safety inspectors) and aviation industry stake- paragraph (1). workforce training strategy to ensure that holders. SEC. 2235. FLIGHT STANDARDS SERVICE RE- it— (e) DEFINITION OF REGULATORY GUIDANCE.— ALIGNMENT FEASIBILITY REPORT. In this section, the term ‘‘regulatory guid- (1) aligns with an effective risk-based ap- (a) IN GENERAL.—Not later than 1 year ance’’ means all forms of written informa- proach to safety oversight; after the date of enactment of this Act, the tion issued by the FAA that an individual or (2) best utilizes available resources; Administrator, in consultation with relevant entity may use to interpret or apply FAA (3) allows FAA employees participating in industry stakeholders, shall— regulations and requirements, including in- organization management teams or con- (1) determine the feasibility of realigning formation an individual or entity may use to ducting ODA program audits to complete, flight standards service regional field offices determine acceptable means of compliance expeditiously, appropriate training, includ- to specialized areas of aviation safety over- with such regulations and requirements, ing recurrent training, in auditing and a sys- sight and technical expertise; and such as an order, manual, circular, policy tems safety approach to oversight; (2) submit to the appropriate committees statement, legal interpretation memo- (4) seeks knowledge-sharing opportunities of Congress a report on the findings under randum, and rulemaking documents. between the FAA and the aviation industry paragraph (1). in new technologies, best practices, and SEC. 2234. REGULATORY CONSISTENCY COMMU- (b) CONSIDERATIONS.—In making a deter- NICATIONS BOARD. other areas of interest related to safety over- mination under subsection (a), the Adminis- (a) ESTABLISHMENT.—Not later than 180 sight; days after the date of enactment of this Act, trator shall consider a flight standards serv- (5) fosters an inspector and engineer work- the Administrator of the FAA shall establish ice regional field office providing support in force that has the skills and training nec- a Regulatory Consistency Communications the area of its technical expertise to flight essary to improve risk-based approaches that Board (referred to in this section as the standards district offices and certificate focus on requirements management and au- ‘‘Board’’). management offices. diting skills; and (b) CONSULTATION REQUIREMENT.—In estab- SEC. 2236. ADDITIONAL CERTIFICATION RE- (6) includes, as appropriate, milestones and lishing the Board, the Administrator shall SOURCES. metrics for meeting the requirements of consult and collaborate with appropriate (a) IN GENERAL.—Notwithstanding any paragraphs (1) through (5). stakeholders, including FAA labor organiza- other provision of law, and subject to the re- (b) REPORT.—Not later that 270 days after tions (including labor organizations rep- quirements of subsection (b), the Adminis- the date the strategy is established under resenting FAA aviation safety inspectors trator may enter into a reimbursable agree- subsection (a), the Administrator shall sub- and labor organizations representing FAA ment with an applicant or certificate holder mit to the appropriate committees of Con- aviation safety engineers) and aviation in- for the reasonable travel and per diem ex- gress a report on the implementation of the dustry stakeholders. penses of the FAA associated with official strategy and progress in meeting any mile- (c) MEMBERSHIP.—The Board shall be com- travel to expedite the acceptance or valida- stones or metrics included in the strategy. posed of FAA representatives, appointed by tion by a foreign authority of an FAA cer- (c) DEFINITIONS.—In this section: the Administrator, from— tificate or design approval. (1) ODA HOLDER.—The term ‘‘ODA holder’’ (1) the Flight Standards Service; (b) CONDITIONS.—The Administrator may has the meaning given the term in section (2) the Aircraft Certification Service; and enter into an agreement under subsection (a) 44736 of title 49, United States Code. (3) the Office of the Chief Counsel. only if— (2) ODA PROGRAM.—The term ‘‘ODA pro- (d) FUNCTIONS.—The Board shall carry out (1) the travel covered under the agreement gram’’ has the meaning given the term in the following functions: is determined to be necessary, by both the section 44736(c)(3) of title 49, United States (1) Recommend, at a minimum, processes Administrator and the applicant or certifi- Code, as added by this Act. by which— cate holder, to expedite the acceptance or (3) ORGANIZATION MANAGEMENT TEAM.—The (A) FAA personnel and persons regulated validation of the relevant certificate or ap- term ‘‘organization management team’’ by the FAA may submit regulatory interpre- proval; means a group of FAA employees consisting tation questions without fear of retaliation; (2) the travel is conducted at the request of of FAA aviation safety engineers, flight test (B) FAA personnel may submit written the applicant or certificate holder; pilots, and aviation safety inspectors over- questions as to whether a previous approval (3) the travel plans and expenses are ap- seeing an ODA holder and its specified func- or regulatory interpretation issued by FAA proved by the applicant or certificate holder tion delegated under section 44702 of title 49, personnel in another office or region is cor- prior to travel; and United States Code. rect or incorrect; and (4) the agreement requires payment in ad- SEC. 2242. WORKFORCE STUDY. (C) any other person may submit anony- vance of FAA services and is consistent with (a) WORKFORCE STUDY.—Not later than 90 mous regulatory interpretation questions. the processes under section 106(l)(6) of title days after the date of enactment of this Act, (2) Meet on a regular basis to discuss and 49, United States Code. the Comptroller General of the United States resolve questions submitted under paragraph (c) REPORT.—Not later than 2 years after shall conduct a study to assess the workforce (1) and the appropriate application of regula- the date of enactment of this Act, the Ad- and training needs of the Office of Aviation tions and policy with respect to each ques- ministrator shall submit to the appropriate Safety of the Federal Aviation Administra- tion. committees of Congress a report on— tion and take into consideration how those (3) Provide to a person that submitted a (1) the number of occasions on which the needs could be met. question under subparagraph (A) or subpara- Administrator entered into reimbursable (b) CONTENTS.—The study under subsection graph (B) of paragraph (1) an expeditious agreements under this section; (a) shall include— written response to the question. (2) the number of occasions on which the (1) a review of the current staffing levels (4) Recommend a process to make the reso- Administrator declined a request by an ap- and requirements for hiring and training, in- lution of common regulatory interpretation plicant or certificate holder to enter into a cluding recurrent training, of aviation safety questions publicly available to FAA per- reimbursable agreement under this section; inspectors and aviation safety engineers; sonnel and the public in a manner that— (3) the amount of reimbursements col- (2) an analysis of the skills and qualifica- (A) does not reveal any identifying data of lected in accordance with agreements under tions required of aviation safety inspectors the person that submitted a question; and this section; and and aviation safety engineers for successful

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1955 performance in the current and future pro- ‘‘(iv) the aeronautical safety authority uti- personnel and travel policies supporting the jected aviation safety regulatory environ- lizes an open and transparent public notice FAA’s international engagement activities, ment, including an analysis of the need for a and comment process in the issuance of air- including the activities of the Aviation Cer- systems engineering discipline within the worthiness directives. tification Office, to better support the Federal Aviation Administration to guide ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— growth of United States aerospace exports; the engineering of complex systems, with an Notwithstanding subparagraph (A), the Ad- and emphasis on auditing an ODA holder (as de- ministrator may issue a Federal Aviation (5) identifies policy initiatives, regulatory fined in section 44736(c) of title 49, United Administration airworthiness directive in- initiatives, or cost-effective legislative ini- States Code); stead of accepting the airworthiness direc- tiatives needed to improve and enhance the (3) a review of current performance incen- tive issued by the aeronautical safety au- timely acceptance of United States aero- tive policies of the Federal Aviation Admin- thority of a foreign country if the Adminis- space products abroad. istration, as applied to the Office of Aviation trator determines that such issuance is nec- (c) INTERNATIONAL TRAVEL.—The Adminis- Safety, including awards for performance; essary for safety or operational reasons due trator of the FAA, or the Administrator’s (4) an analysis of ways the Federal Avia- to the complexity or unique features of the designee, may authorize international travel tion Administration can work with the avia- Federal Aviation Administration airworthi- for any FAA employee, without the approval tion industry and FAA labor force to estab- ness directive or the United States aviation of any other person or entity, if the Adminis- lish knowledge-sharing opportunities be- system. trator determines that the travel is nec- tween the Federal Aviation Administration ‘‘(C) ALTERNATIVE MEANS OF COMPLIANCE.— essary— and the aviation industry in new tech- The Administrator may— (1) to promote United States aerospace nologies, best practices, and other areas that ‘‘(i) accept an alternative means of compli- safety standards; or could improve the aviation safety regulatory ance, with respect to an airworthiness direc- (2) to support expedited acceptance of FAA system; and tive under subparagraph (A), that was ap- design and production approvals. (5) recommendations on the best and most proved by the aeronautical safety authority SEC. 2254. REGISTRATION, CERTIFICATION, AND cost-effective approaches to address the of the foreign country that issued the air- RELATED FEES. needs of the current and future projected worthiness directive; or Section 45305 is amended— aviation safety regulatory system, including ‘‘(ii) notwithstanding subparagraph (A), (1) in subsection (a) by striking ‘‘Subject qualifications, training programs, and per- and at the request of any person affected by to subsection (b)’’ and inserting ‘‘Subject to formance incentives for relevant agency per- an airworthiness directive under that sub- subsection (c)’’; sonnel. paragraph, the Administrator may approve (2) by redesignating subsections (b) and (c) (c) REPORT.—Not later than 270 days after an alternative means of compliance with re- as subsections (c) and (d), respectively; and the date of enactment of this Act, the Comp- spect to the airworthiness directive.’’. (3) by inserting after subsection (a) the fol- troller General shall submit to the appro- SEC. 2253. FAA LEADERSHIP ABROAD. lowing: priate committees of Congress a report on (a) IN GENERAL.—To promote United States ‘‘(b) CERTIFICATION SERVICES.—Subject to the results of the study required under sub- aerospace safety standards, reduce redun- subsection (c), and notwithstanding section section (a). dant regulatory activity, and facilitate ac- 45301(a), the Administrator may establish PART V—INTERNATIONAL AVIATION ceptance of FAA design and production ap- and collect a fee from a foreign government SEC. 2251. PROMOTION OF UNITED STATES AERO- provals abroad, the Administrator shall— or entity for services related to certification, SPACE STANDARDS, PRODUCTS, AND (1) attain greater expertise in issues re- regardless of where the services are provided, SERVICES ABROAD. lated to dispute resolution, intellectual if the fee— Section 40104 is amended by adding at the property, and export control laws to better ‘‘(1) is established and collected in a man- end the following: support FAA certification and other aero- ner consistent with aviation safety agree- ‘‘(d) PROMOTION OF UNITED STATES AERO- space regulatory activities abroad; ments; and SPACE STANDARDS, PRODUCTS, AND SERVICES (2) work with United States companies to ‘‘(2) does not exceed the estimated costs of ABROAD.—The Secretary shall take appro- more accurately track the amount of time it the services.’’. priate actions— takes foreign authorities, including bilateral Subtitle C—Airline Passenger Safety and ‘‘(1) to promote United States aerospace- partners, to validate United States type cer- Protections related safety standards abroad; tificated aeronautical products; SEC. 2301. PILOT RECORDS DATABASE DEADLINE. ‘‘(2) to facilitate and vigorously defend ap- (3) provide assistance to United States Section 44703(i)(2) is amended by striking provals of United States aerospace products companies who have experienced signifi- ‘‘The Administrator shall establish’’ and in- and services abroad; cantly long foreign validation wait times; serting ‘‘Not later than April 30, 2017, the Ad- ‘‘(3) with respect to bilateral partners, to (4) work with foreign authorities, including ministrator shall establish and make avail- use bilateral safety agreements and other bilateral partners, to collect and analyze able for use’’. mechanisms to improve validation of United data to determine the timeliness of the ac- SEC. 2302. ACCESS TO AIR CARRIER FLIGHT States type certificated aeronautical prod- ceptance and validation of FAA design and DECKS. ucts and services and enhance mutual ac- production approvals by foreign authorities The Administrator of the Federal Aviation ceptance in order to eliminate redundancies and the acceptance and validation of foreign- Administration shall collaborate with other and unnecessary costs; and certified products by the FAA; aviation authorities to advance a global ‘‘(4) with respect to the aeronautical safety (5) establish appropriate benchmarks and standard for access to air carrier flight decks authorities of a foreign country, to stream- metrics to measure the success of bilateral and redundancy requirements consistent line that country’s validation of United aviation safety agreements and to reduce the with the flight deck access and redundancy States aerospace standards, products, and validation time for United States type cer- requirements in the United States. services.’’. tificated aeronautical products abroad; and SEC. 2303. AIRCRAFT TRACKING AND FLIGHT SEC. 2252. BILATERAL EXCHANGES OF SAFETY (6) work with foreign authorities, including DATA. OVERSIGHT RESPONSIBILITIES. bilateral partners, to improve the timeliness (a) IN GENERAL.—Not later than 1 year Section 44701(e) is amended by adding at of the acceptance and validation of FAA de- after the date of enactment of this Act, the the end the following: sign and production approvals by foreign au- Administrator of the Federal Aviation Ad- ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— thorities and the acceptance and validation ministration shall assess current perform- ‘‘(A) ACCEPTANCE.—The Administrator of foreign-certified products by the FAA. ance standards, and as appropriate, conduct shall accept an airworthiness directive (as (b) REPORT.—Not later than 1 year after a rulemaking to revise the standards to im- defined in section 39.3 of title 14, Code of the date of enactment of this Act, the Ad- prove near-term and long-term aircraft Federal Regulations) issued by an aero- ministrator shall submit to the appropriate tracking and flight data recovery, including nautical safety authority of a foreign coun- committees of Congress a report that— retrieval, access, and protection of such data try, and leverage that aeronautical safety (1) describes the Administrator’s strategic after an incident or accident. authority’s regulatory process, if— plan for international engagement; (b) CONSIDERATIONS.—In revising the per- ‘‘(i) the country is the state of design for (2) describes the structure and responsibil- formance standards under subsection (a), the the product that is the subject of the air- ities of all FAA offices that have inter- Administrator may consider— worthiness directive; national responsibilities, including the Air- (1) various methods for improving detec- ‘‘(ii) the United States has a bilateral safe- craft Certification Office, and all the activi- tion and retrieval of flight data, including— ty agreement relating to aircraft certifi- ties conducted by those offices related to (A) low frequency underwater locating de- cation with the country; certification and production; vices; and ‘‘(iii) as part of the bilateral safety agree- (3) describes current and forecasted staff- (B) extended battery life for underwater lo- ment with the country, the Administrator ing and travel needs for the FAA’s inter- cating devices; has determined that the aeronautical safety national engagement activities, including (2) automatic deployable flight recorders; authority has an aircraft certification sys- the needs of the Aircraft Certification Office (3) triggered transmission of flight data, tem relating to safety that produces a level in the current and forecasted budgetary en- and other satellite-based solutions; of safety equivalent to the level produced by vironment; (4) distress-mode tracking; and the system of the Federal Aviation Adminis- (4) provides recommendations, if appro- (5) protections against disabling flight re- tration; and priate, to improve the existing structure and corder systems.

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(c) COORDINATION.—If the performance tendencies, and assess treatments that would plying civil penalties under chapter 463 of standards under subsection (a) are revised, address any risk associated with such condi- such title. the Administrator shall coordinate with tions. SEC. 2307. TRAINING TO COMBAT HUMAN TRAF- international regulatory authorities and the SEC. 2306. FLIGHT ATTENDANT DUTY PERIOD FICKING FOR CERTAIN AIR CARRIER International Civil Aviation Organization to LIMITATIONS AND REST REQUIRE- EMPLOYEES. ensure that any new international standard MENTS. (a) IN GENERAL.—Subchapter I of chapter for aircraft tracking and flight data recovery (a) MODIFICATION OF FINAL RULE.—Not 417 is amended by adding at the end the fol- is consistent with a performance-based ap- later than 1 year after the date of enactment lowing: proach and is implemented in a globally har- of this Act, the Administrator of the Federal ‘‘§ 41725. Training to combat human traf- monized manner. Aviation Administration shall revise the ficking flight attendant duty period limitations and SEC. 2304. AUTOMATION RELIANCE IMPROVE- ‘‘(a) IN GENERAL.—Each air carrier pro- MENTS. rest requirements under section 121.467 of viding passenger air transportation shall title 14, Code of Federal Regulations. (a) MODERNIZATION OF TRAINING.—Not later provide flight attendants who are employees (b) CONTENTS.—Except as provided in sub- or contractors of the air carrier with train- than October 1, 2017, the Administrator of section (c), in revising the rule under sub- ing to combat human trafficking in the the Federal Aviation Administration shall section (a), the Administrator shall ensure course of carrying out their duties as em- review, and update as necessary, recent guid- that a flight attendant scheduled to a duty ployees or contractors of the air carrier. ance regarding pilot flight deck monitoring period of 14 hours or less is given a scheduled that an air carrier can use to train and ‘‘(b) ELEMENTS OF TRAINING.—The training rest period of at least 10 consecutive hours. an air carrier is required to provide under evaluate its pilots to ensure that air carrier (c) EXCEPTION.—The rest period required subsection (a) to flight attendants shall in- pilots are trained to use and monitor auto- under subsection (b) may be scheduled or re- clude training with respect to— mation systems while also maintaining pro- duced to 9 consecutive hours if the flight at- ‘‘(1) common indicators of human traf- ficiency in manual flight operations con- tendant is provided a subsequent rest period ficking; and sistent with the final rule entitled, ‘‘Quali- of at least 11 consecutive hours. ‘‘(2) best practices for reporting suspected fication, Service, and Use of Crewmembers (d) FATIGUE RISK MANAGEMENT PLAN.— human trafficking to law enforcement offi- and Aircraft Dispatchers’’, published on No- (1) SUBMISSION OF PLAN BY PART 121 AIR CAR- cers. vember 12, 2013 (78 Fed. Reg. 67799). RIERS.—Not later than 90 days after the date ‘‘(c) MATERIALS.—An air carrier may pro- (b) CONSIDERATIONS.—In reviewing and up- of enactment of this Act, each air carrier op- vide the training required by subsection (a) dating the guidance, the Administrator erating under part 121 of title 13, Code of using modules and materials developed by shall— Federal Regulations (referred to in this sub- the Department of Transportation and the (1) consider casualty driven scenarios dur- section as a ‘‘part 121 air carrier’’), shall sub- Department of Homeland Security, including ing initial and recurrent simulator instruc- mit a fatigue risk management plan for the tion that focus on automation complacency the training module and associated mate- carrier’s flight attendants to the Adminis- rials of the Blue Lightning Initiative and during system failure, including flight seg- trator for review and acceptance. modules and materials subsequently devel- ments when automation is typically engaged (2) CONTENTS OF PLAN.—Each fatigue risk oped and recommended by such Departments and should result in hand flying the aircraft management plan submitted under para- with respect to combating human traf- into a safe position while employing crew re- graph (1) shall include— ficking. source management principles; (A) current flight time and duty period ‘‘(d) INTERAGENCY COORDINATION.—The Ad- (2) consider the development of metrics or limitations; ministrator of the Federal Aviation Admin- measurable tasks an air carrier may use to (B) a rest scheme that is consistent with istration shall coordinate with the Secretary evaluate the ability of pilots to appro- such limitations and enables the manage- of Homeland Security to ensure that appro- priately monitor flight deck systems; ment of flight attendant fatigue, including priate training modules and materials are (3) consider the development of metrics an annual training to increase awareness of— available for air carriers to conduct the air carrier may use to evaluate manual fly- (i) fatigue; training required by subsection (a). ing skills and improve related training; (ii) the effects of fatigue on flight attend- ‘‘(e) HUMAN TRAFFICKING DEFINED.—In this (4) convene an expert panel, including ants; and section, the term ‘human trafficking’ means members with expertise in human factors, (iii) fatigue countermeasures; and 1 or more severe forms of trafficking in per- training, and flight operations— (C) the development and use of method- sons (as defined in section 103 of the Traf- (A) to evaluate and develop methods for ology that continually assesses the effective- ficking Victims Protection Act of 2000 (22 training flight crews to understand the ness of implementation of the plan, includ- U.S.C. 7102)).’’. functionality of automated systems for ing the ability of the plan— (b) CONFORMING AMENDMENT.—The table of flight path management; (i) to improve alertness; and contents for chapter 417 is amended by in- (B) to identify and recommend to the Ad- (ii) to mitigate performance errors. serting after the item relating to section ministrator the most effective training (3) REVIEW.—Not later than 1 year after the 41724 the following: methods that ensure that pilots can apply date of enactment of this Act, the Adminis- ‘‘41725. Training to combat human traf- manual flying skills in the event of flight trator shall— ficking.’’. deck automation failure or an unexpected (A) review each fatigue risk management (c) REPORT REQUIRED.—Not later than 1 event; and plan submitted under this subsection; and year after the date of enactment of this Act, (C) to identify and recommend to the Ad- (B)(i) accept the plan; or the Administrator of the Federal Aviation ministrator revision in the training guidance (ii) reject the plan and provide the part 121 Administration shall submit to the appro- for flight crews to address the needs identi- air carrier with suggested modifications to priate committees of Congress a report that fied in subparagraphs (A) and (B); and be included when the plan is resubmitted. includes— (5) develop any additional standards to be (4) PLAN UPDATES.— (1) an assessment of the status of compli- used for guidance the Administrator con- (A) IN GENERAL.—Not less frequently than ance of air carriers with section 41725 of title siders necessary to determine whether air once every 2 years, each part 121 air carrier 49, United States Code, as added by sub- carrier pilots receive sufficient training op- shall— section (a); and portunities to develop, maintain, and dem- (i) update the fatigue risk management (2) in collaboration with the Attorney Gen- onstrate manual flying skills. plan submitted under paragraph (1); and eral and the Secretary of Homeland Secu- (c) DOT IG REVIEW.—Not later than 2 years (ii) submit the updated plan to the Admin- rity, recommendations for improving the after the date the Administrator reviews the istrator for review and acceptance. identification and reporting of human traf- guidance under subsection (a), the Inspector (B) REVIEW.—Not later than 1 year after ficking by air carrier personnel while pro- General of the Department of Transportation the date on which an updated plan is sub- tecting the civil liberties of passengers. shall review the air carriers implementation mitted under subparagraph (A)(ii), the Ad- (d) IMMUNITY FOR REPORTING HUMAN TRAF- of the guidance and the ongoing work of the ministrator shall— FICKING.—Section 44941(a) is amended by expert panel. (i) review the updated plan; and striking ‘‘or terrorism, as defined by section SEC. 2305. ENHANCED MENTAL HEALTH SCREEN- (ii)(I) accept the updated plan; or 3077 of title 18, United States Code,’’ and in- ING FOR PILOTS. (II) reject the updated plan and provide the serting ‘‘human trafficking (as defined by Not later than 180 days after the date of part 121 air carrier with suggested modifica- section 41725), or terrorism (as defined by enactment of this Act, the Administrator of tions to be included when the updated plan is section 3077 of title 18)’’. the Federal Aviation Administration shall resubmitted. SEC. 2308. REPORT ON OBSOLETE TEST EQUIP- consider the recommendations of the Pilot (5) COMPLIANCE.—Each part 121 air carrier MENT. Fitness Aviation Rulemaking Committee in shall comply with its fatigue risk manage- (a) REPORT.—Not later than 180 days after determining whether to implement, as part ment plan after the plan is accepted by the the date of enactment of this Act, the Ad- of a comprehensive medical certification Administrator under this subsection. ministrator of the Federal Aviation Admin- process for pilots with a first- or second-class (6) CIVIL PENALTIES.—A violation of this istration shall submit to the appropriate airman medical certificate, additional subsection by a part 121 air carrier shall be committees of Congress a report on the Na- screening for mental health conditions, in- treated as a violation of chapter 447 of title tional Test Equipment Program (referred to cluding depression and suicidal thoughts or 49, United States Code, for the purpose of ap- in this section as the ‘‘Program’’).

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(b) CONTENTS.—The report shall include— (b) REQUIREMENTS.—Based on the assess- the confidentiality of any trade secret or (1) a list of all known outstanding requests ment under subsection (a), the Adminis- proprietary information submitted; and for test equipment, cataloged by type and lo- trator shall— ‘‘(2) ensure that the database under sub- cation, under the Program; (1) update, as necessary, any existing guid- section (c) and the report under subsection (2) a description of the current method ance on what information is included in the (d) include data and analysis that will best under the Program of ensuring calibrated current databases of Airport Master Record inform efforts to improve the safety of heli- equipment is in place for utilization; (5010) forms to include information related copter air ambulance operations.’’. (3) a plan by the Administrator for appro- to heliports and helipads used by helicopters SEC. 2312. PART 135 ACCIDENT AND INCIDENT priate inventory of such equipment; and providing air ambulance services; or DATA. (4) the Administrator’s recommendations (2) develop, as appropriate and in collabo- Not later than 1 year after the date of en- for increasing multifunctionality in future ration with helicopter air ambulance indus- actment of this Act, the Administrator of test equipment to be developed and all try stakeholders, a new database of heliports the Federal Aviation Administration shall— known and foreseeable manufacturer techno- and helipads used by helicopters providing (1) determine, in collaboration with the logical advances. air ambulance services. National Transportation Safety Board and (c) REPORTS.— SEC. 2309. PLAN FOR SYSTEMS TO PROVIDE DI- Part 135 industry stakeholders, what, if any, RECT WARNINGS OF POTENTIAL (1) ASSESSMENT.—Not later than 30 days additional data should be reported as part of RUNWAY INCURSIONS. after the date the assessment under sub- an accident or incident notice to more accu- (a) IN GENERAL.—Not later than June 30, section (a) is complete, the Administrator rately measure the safety of on-demand Part 2016, the Administrator of the Federal Avia- shall submit to the appropriate committees 135 aircraft activity, to pinpoint safety prob- tion Administration shall— of Congress a report on the assessment, in- lems, and to form the basis for critical re- (1) assess available technologies to deter- cluding any recommendations on how to search and analysis of general aviation mine whether it is feasible, cost-effective, make information related to the location of issues; and and appropriate to install and deploy, at any heliports and helipads used by helicopters (2) submit to the appropriate committees airport, systems to provide a direct warning providing air ambulance services available of Congress a report on the findings under capability to flight crews and air traffic con- to the general public. paragraph (1), including a description of the (2) IMPLEMENTATION.—Not later than 30 trollers of potential runway incursions; and additional data to be collected, a timeframe days after completing action under para- (2) submit to the appropriate committees for implementing the additional data collec- graph (1) or paragraph (2) of subsection (b), of Congress a report on the assessment under tion, and any potential obstacles to imple- the Administrator shall submit to the appro- paragraph (1), including any recommenda- mentation. tions. priate committees of Congress a report on the implementation of that action. SEC. 2313. DEFINITION OF HUMAN FACTORS. (b) CONSIDERATIONS.—In conducting the as- (d) INCIDENT AND ACCIDENT DATA.—Section Section 40102(a), as amended by section sessment under subsection (a), the Adminis- 44731 is amended— 2140 of this Act, is further amended— tration shall consider National Transpor- (1) in subsection (a)— (1) by redesignating paragraphs (24) tation Safety Board findings and relevant (A) in the matter preceding paragraph (1), through (47) as paragraphs (25) through (48), aviation stakeholder views relating to run- by striking ‘‘not later than 1 year after the respectively; and way incursions. date of enactment of this section, and annu- (2) by inserting after paragraph (23) the fol- SEC. 2310. LASER POINTER INCIDENTS. ally thereafter’’ and inserting ‘‘annually’’; lowing: (a) IN GENERAL.—Beginning 90 days after (B) in paragraph (2), by striking ‘‘flights ‘‘(24) ‘human factors’ means a multidisci- the date of enactment of this Act, the Ad- and hours flown, by registration number, plinary field that generates and compiles in- ministrator of the Federal Aviation Admin- during which helicopters operated by the formation about human capabilities and lim- istration, in coordination with the Director certificate holder were providing helicopter itations and applies it to design, develop- of the Federal Bureau of Investigation, shall air ambulance services’’ and inserting ment, and evaluation of equipment, systems, provide quarterly updates to the appropriate ‘‘hours flown by the helicopters operated by facilities, procedures, jobs, environments, committees of Congress regarding— the certificate holder’’; staffing, organizations, and personnel man- (1) the number of incidents involving the (C) in paragraph (3)— agement for safe, efficient, and effective beam from a laser pointer (as defined in sec- (i) by striking ‘‘of flight’’ and inserting ‘‘of human performance, including people’s use tion 39A of title 18, United States Code) patients transported and the number of pa- of technology.’’. being aimed at, or in the flight path of, an tient transport’’; SEC. 2314. SENSE OF CONGRESS; PILOT IN COM- aircraft in the airspace jurisdiction of the (ii) by inserting ‘‘or’’ after ‘‘interfacility MAND AUTHORITY. United States; transport,’’; and It is the sense of Congress that the pilot in (2) the number of civil or criminal enforce- (iii) by striking ‘‘, or ferry or repositioning command of an aircraft is directly respon- ment actions taken by the Federal Aviation flight’’; sible for, and is the final authority as to, the Administration, Department of Transpor- (D) in paragraph (5)— operation of that aircraft, as set forth in sec- tation, or Department of Justice with regard (i) by striking ‘‘flights and’’; and tion 91.3(a) of title 14, Code of Federal Regu- to the incidents described in paragraph (1), (ii) by striking ‘‘while providing air ambu- lations (or any successor regulation thereto). including the amount of the civil or criminal lance services’’; and SEC. 2315. ENHANCING ASIAS. penalties imposed on violators; (E) by amending paragraph (6) to read as (a) IN GENERAL.—Not later than 1 year (3) the resolution of any incidents that did follows: after the date of enactment of this Act, the not result in a civil or criminal enforcement ‘‘(6) The number of hours flown at night by Administrator of the Federal Aviation Ad- action; and helicopters operated by the certificate hold- ministration, in consultation with relevant (4) any actions the Department of Trans- er.’’; aviation industry stakeholders, shall assess portation or Department of Justice has (2) in subsection (d)— what, if any, improvements are needed to de- taken on its own, or in conjunction with (A) by striking ‘‘Not later than 2 years velop the predictive capability of the Avia- other Federal agencies or local law enforce- after the date of enactment of this section, tion Safety Information Analysis and Shar- ment agencies, to deter the type of activity and annually thereafter, the Administrator ing program (referred to in this section as described in paragraph (1). shall submit’’ and inserting ‘‘The Adminis- ‘‘ASIAS’’) with regard to identifying precur- (b) CIVIL PENALTIES.—The Administrator trator shall submit annually’’; and sors to accidents. shall revise the maximum civil penalty that (B) by adding at the end the following: (b) CONTENTS.—In conducting the assess- may be imposed on an individual who aims ‘‘The report shall include the number of acci- ment under subsection (a), the Adminis- the beam of a laser pointer at an aircraft in dents experienced by helicopter air ambu- trator shall— the airspace jurisdiction of the United lance operations, the number of fatal acci- (1) determine what actions are necessary— States, or at the flight path of such an air- dents experienced by helicopter air ambu- (A) to improve data quality and standard- craft, to be $25,000. lance operations, and the rate, per 100,000 ization; and SEC. 2311. HELICOPTER AIR AMBULANCE OPER- flight hours, of accidents and fatal accidents (B) to increase the data received from addi- ATIONS DATA AND REPORTS. experienced by operators providing heli- tional segments of the aviation industry, (a) IN GENERAL.—Not later than 1 year copter air ambulance services.’’; such as small airplane, helicopter, and busi- after the date of enactment of this Act, the (3) by redesignating subsection (e) as sub- ness jet operations; Administrator of the Federal Aviation Ad- section (f); and (2) consider how to prioritize the actions ministration, in collaboration with heli- (4) by inserting after subsection (d) the fol- described in paragraph (1); and copter air ambulance industry stakeholders, lowing: (3) review available methods for dissemi- shall assess the availability of information ‘‘(e) IMPLEMENTATION.—In carrying out this nating safety trend data from ASIAS to the to the general public related to the location section, the Administrator, in collaboration aviation safety community, including the in- of heliports and helipads used by helicopters with part 135 certificate holders providing spector workforce, to inform in their risk- providing air ambulance services, including helicopter air ambulance services, shall— based decision making efforts. helipads and helipads outside of those listed ‘‘(1) propose and develop a method to col- (c) REPORT.—Not later than 60 days after as part of any existing databases of Airport lect and store the data submitted under sub- the date the assessment under subsection (a) Master Record (5010) forms. section (a), including a method to protect is complete, the Administrator shall submit

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to the appropriate committees of Congress a (b) LITHIUM BATTERY SAFETY WORKING (1) evacuation certification of transport- report on the assessment, including rec- GROUP.—Not later than 90 days after the date category aircraft used in air transportation, ommendations regarding paragraphs (1) of enactment of this Act, the President shall with regard to— through (3) of subsection (b). establish a lithium battery safety working (A) emergency conditions, including im- SEC. 2316. IMPROVING RUNWAY SAFETY. group to promote and coordinate efforts re- pacts into water; (a) IN GENERAL.—The Administrator of the lated to the promotion of the safe manufac- (B) crew procedures used for evacuations Federal Aviation Administration shall expe- ture, use, and transportation of lithium bat- under actual emergency conditions; dite the development of metrics— teries and cells. (C) any relevant changes to passenger de- (1) to allow the Federal Aviation Adminis- (1) COMPOSITION.— mographics and legal requirements, includ- tration to determine whether runway incur- (A) IN GENERAL.—The working group shall ing the Americans with Disabilities Act of sions are increasing; and be composed of at least 1 representative from 1990 (42 U.S.C. 12101 et seq.), that affect emer- (2) to assess the effectiveness of imple- each of the following: gency evacuations; and mented runway safety initiatives. (i) Consumer Product Safety Commission. (D) any relevant changes to passenger seat- (b) REPORT.—Not later than 1 year after (ii) Department of Transportation. ing configurations, including changes to seat the date of enactment of this Act, the Ad- (iii) National Institute on Standards and width, padding, reclining, size, pitch, leg ministrator shall submit to the appropriate Technology. room, and aisle width; and committees of Congress a report on the (iv) Food and Drug Administration. (2) recent accidents and incidents in which progress in developing the metrics described (B) ADDITIONAL MEMBERS.—The working passengers evacuated such aircraft. in subsection (a). group may include not more than 4 addi- (b) CONSULTATION; REVIEW OF DATA.—In SEC. 2317. SAFE AIR TRANSPORTATION OF LITH- tional members with expertise in the safe conducting the review under subsection (a), IUM CELLS AND BATTERIES. manufacture, use, or transportation of lith- the Administrator shall— (a) RESTRICTIONS ON TRANSPORTATION OF ium batteries and cells. (1) consult with the National Transpor- LITHIUM BATTERIES ON AIRCRAFT.— (C) SUBCOMMITTEES.—The President, or tation Safety Board, transport-category air- (1) ADOPTION OF ICAO INSTRUCTIONS.— members of the working group, may— craft manufacturers, air carriers, and other (A) IN GENERAL.—Pursuant to section 828 of (i) establish working group subcommittees relevant experts and Federal agencies, in- the FAA Modernization and Reform Act of to focus on specific issues related to the safe cluding groups representing passengers, air- 2012 (49 U.S.C. 44701 note), not later than 90 manufacture, use, or transportation of lith- line crew members, maintenance employees, days after the date of enactment of this Act, ium batteries and cells; and and emergency responders; and the Secretary of the Department of Trans- (ii) include in a subcommittee the partici- (2) review relevant data with respect to portation shall conform United States regu- pation of nonmember stakeholders with ex- evacuation certification of transport-cat- lations on the air transport of lithium cells pertise in areas that the President or mem- egory aircraft. and batteries with the lithium cells and bat- bers consider necessary. (c) REPORT TO CONGRESS.—Not later than 1 tery requirements in the 2015–2016 edition of (2) REPORT.—Not later than 1 year after year after the date of enactment of this Act, the International Civil Aviation Organiza- the date it is established under subsection the Administrator shall submit to the appro- tion’s (referred to in this subsection as (b), the working group shall— priate committees of Congress a report on ‘‘ICAO’’) Technical Instructions (to include (A) research— the results of the review under subsection (a) all addenda) including the revised standards (i) additional ways to decrease the risk of and related recommendations, if any, includ- adopted by ICAO which became effective on fires and explosions from lithium batteries ing recommendations for revisions to the as- April 1, 2016. and cells; sumptions and methods used for assessing (B) FURTHER PROCEEDINGS.—Beginning on (ii) additional ways to ensure uniform evacuation certification of transport-cat- the date the revised regulations under sub- transportation requirements for both bulk egory aircraft. paragraph (A) are published in the Federal and individual batteries; and SEC. 2320. GAO STUDY OF UNIVERSAL DEPLOY- Register, any lithium cell and battery rule- (iii) new or existing technologies that MENT OF ADVANCED IMAGING making action or update commenced on or could reduce the fire and explosion risk of TECHNOLOGIES. after that date shall continue to comply lithium batteries and cells; and (a) STUDY.—The Comptroller General of with the requirements under section 828 of (B) transmit to the appropriate commit- the United States shall conduct a study of the FAA Modernization and Reform Act of tees of Congress a report on the research the costs that would be incurred— 2012 (49 U.S.C. 44701 note). under subparagraph (A), including any legis- (1) to redesign airport security areas to fully deploy advanced imaging technologies (2) REVIEW OF OTHER REGULATIONS.—Pursu- lative recommendations to effectuate the ant to section 828 of the FAA Modernization safety improvements described in clauses (i) at all commercial airports at which security and Reform Act of 2012 (49 U.S.C. 44701 note), through (iii) of that subparagraph. screening operations are conducted by the the Secretary of Transportation may initiate (3) EXEMPTION FROM FACA.—The Federal Transportation Security Administration or a review of other existing regulations regard- Advisory Committee Act (5 U.S.C. App.) through the Screening Partnership Program; ing the air transportation, including pas- shall not apply to the working group. and senger-carrying and cargo aircraft, of lith- (4) TERMINATION.—The working group, and (2) to fully deploy advanced imaging tech- ium batteries and cells. any working group subcommittees, shall ter- nologies at all airports not described in para- graph (1). (3) MEDICAL DEVICE BATTERIES.— minate 90 days after the date the report is (b) COST ANALYSIS.—As a part of the study (A) IN GENERAL.—For United States appli- transmitted under paragraph (2). cants, the Secretary of Transportation shall SEC. 2318. PROHIBITION ON IMPLEMENTATION conducted under subsection (a), the Comp- consider and either grant or deny, within 45 OF POLICY CHANGE TO PERMIT troller General shall identify the costs that days, applications submitted in compliance SMALL, NON-LOCKING KNIVES ON would be incurred— with part 107 of title 49, Code of Federal Reg- AIRCRAFT. (1) to purchase the equipment and other as- ulations for special permits or approvals for (a) IN GENERAL.—Notwithstanding any sets necessary to deploy advanced imaging air transportation of lithium ion cells or bat- other provision of law, on and after the date technologies at each airport; teries specifically used by medical devices. of enactment of this Act, the Secretary of (2) to install such equipment and assets in Not later than 30 days after the date of appli- Homeland Security may not implement any each airport; and cation, the Pipeline and Hazardous Materials change to the prohibited items list of the (3) to maintain such equipment and assets. Safety Administration shall provide a draft Transportation Security Administration (c) REPORT.—Not later than 6 months after special permit based on the application to that would permit passengers to carry small, the date of the enactment of this Act, the the Federal Aviation Administration. The non-locking knives through passenger Comptroller General shall submit the results Federal Aviation Administration shall con- screening checkpoints at airports, into ster- of the study conducted under subsection (a) duct an on-site inspection for issuance of the ile areas at airports, or on board passenger to the appropriate committees of Congress. special permit not later than 10 days after aircraft. Subtitle D—General Aviation Safety the date of receipt of the draft special permit (b) PROHIBITED ITEMS LIST DEFINED.—In SEC. 2401. AUTOMATED WEATHER OBSERVING from the Pipeline and Hazardous Materials this section, the term ‘‘prohibited items SYSTEMS POLICY. Safety Administration. list’’ means the list of items passengers are (a) IN GENERAL.—Not later than 2 years (B) DEFINITION OF MEDICAL DEVICE.—In this prohibited from carrying as accessible prop- after the date of enactment of this Act, the paragraph, the term ‘‘medical device’’ has erty or on their persons through passenger Administrator of the Federal Aviation Ad- the meaning given the term ‘‘device’’ in sec- screening checkpoints at airports, into ster- ministration shall— tion 201 of the Federal Food, Drug, and Cos- ile areas at airports, and on board passenger (1) update automated weather observing metic Act (21 U.S.C. 321). aircraft pursuant to section 1540.111 of title systems standards to maximize the use of (4) SAVINGS CLAUSE.—Nothing in this sec- 49, Code of Federal Regulations. new technologies that promote the reduction tion shall be construed as expanding or con- SEC. 2319. AIRCRAFT CABIN EVACUATION PROCE- of equipment or maintenance cost for non- stricting any other authority the Secretary DURES. Federal automated weather observing sys- of Transportation has under section 828 of (a) REVIEW.—The Administrator of the tems, including the use of remote moni- the FAA Modernization and Reform Act of Federal Aviation Administration shall re- toring and maintenance, unless dem- 2012 (49 U.S.C. 44701 note). view— onstrated to be ineffective;

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1959 (2) review, and if necessary update, exist- (C) supports electric utility transmission national industry and consensus standards, ing policies in accordance with the standards or distribution lines; and Administration policies; and developed under paragraph (1); and (D) is a wind powered electrical generator ‘‘(C) encouraging a culture of occupational (3) establish a process under which appro- with a rotor blade radius that exceeds 6 feet; safety and health to complement the Admin- priate on site airport personnel or an avia- or istration’s existing safety culture. tion official may, with appropriate manufac- (E) is a street light erected or maintained ‘‘(3) REPORTING STRUCTURE.—The Des- turer training or alternative training as de- by a Federal, State, local, or tribal entity. ignated Agency Safety and Health Officer termined by the Administrator, be permitted (e) DATABASE.—The Administrator shall— shall occupy a full-time, senior executive po- to conduct the minimum tri-annual prevent- (1) develop a database that contains the lo- sition and shall report directly to the Assist- ative maintenance checks under the advi- cation and height of each covered tower; ant Administrator for Human Resource Man- sory circular for non-Federal automated (2) keep the database current to the extent agement. weather observing systems (AC 150/5220-16D). practicable; ‘‘(4) QUALIFICATIONS AND REMOVAL.— (b) PERMISSION.—Permission to conduct (3) ensure that any proprietary informa- ‘‘(A) QUALIFICATIONS.—The Designated the minimum tri-annual preventative main- tion in the database is protected from disclo- Agency Safety and Health Officer shall have tenance checks described under subsection sure in accordance with law; and demonstrated ability and experience in the (a)(3) shall not be withheld but for specific (4) ensure access to the database is limited establishment and administration of com- cause. to individuals, such as airmen, who require prehensive occupational safety and health (c) STANDARDS.—In updating the standards the information for aviation safety purposes programs and knowledge of relevant Federal under subsection (a)(1), the Administrator only. occupational safety and health statutes and shall— SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS. regulations, national industry and consensus (1) ensure the standards are performance- Not later than 1 year after the date of en- standards, and Administration policies. based; actment of this Act, the Administrator of ‘‘(B) REMOVAL.—The Designated Agency (2) use risk analysis to determine the accu- the Federal Aviation Administration shall Safety and Health Officer shall serve at the racy of the automated weather observing evaluate and update, as necessary, standards pleasure of the Administrator.’’. systems outputs required for pilots to per- for crash-resistant fuel systems for civilian (b) DEADLINE FOR APPOINTMENT.—Not later form safe aircraft operations; and rotorcraft. than 180 days after the date of enactment of (3) provide a cost benefit analysis to deter- this Act, the Administrator of the Federal SEC. 2404. REQUIREMENT TO CONSULT WITH Aviation Administration shall appoint an in- mine whether the benefits outweigh the cost STAKEHOLDERS IN DEFINING SCOPE for any requirement not directly related to AND REQUIREMENTS FOR FUTURE dividual to serve as the Designated Agency safety. FLIGHT SERVICE PROGRAM. Safety and Health Officer under section 106(u) of title 49, United States Code. (d) REPORT.—Not later than September 30, Not later than 180 days after the date of 2017, the Administrator shall provide a re- enactment of this Act, the Administrator of SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE port to the appropriate committees of Con- the Federal Aviation Administration shall UNITED STATES. (a) RISK-BASED OVERSIGHT.—Section 44733 gress on the implementation of requirements consult with general aviation stakeholders is amended— under this section. in defining the scope and requirements for (1) by redesignating subsection (f) as sub- SEC. 2402. TOWER MARKING. any new Future Flight Service Program of the Administration to be used in a competi- section (g); (a) IN GENERAL.—Not later than 1 year (2) by inserting after subsection (e) the fol- after the date of enactment of this Act, the tive source selection for the next flight serv- ice contract with the Administration. lowing: Administrator of the Federal Aviation Ad- ‘‘(f) RISK-BASED OVERSIGHT.— ministration shall issue regulations to re- SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECH- ‘‘(1) IN GENERAL.—Not later than 90 days quire the marking of covered towers. NOLOGIES. after the date of enactment of the Federal (b) MARKING REQUIRED.—The regulations (a) IN GENERAL.—Not later than 180 days Aviation Administration Reauthorization under subsection (a) shall require that a cov- after the date of the enactment of this Act, Act of 2016, the Administrator shall take ered tower be clearly marked in a manner the Administrator of the Federal Aviation measures to ensure that the safety assess- that is consistent with applicable guidance Administration shall initiate a review of ment system established under subsection under the Federal Aviation Administration heads-up guidance system displays (in this (a)— Advisory Circular issued December 4, 2015 section referred to as ‘‘HGS’’). ‘‘(A) places particular consideration on in- (b) CONTENTS.—The review required by sub- (AC 70/7460–1L) or other relevant safety guid- spections of part 145 repair stations located section (a) shall— ance, as determined by the Administrator. outside the United States that conduct (1) evaluate the impacts of single- and (c) APPLICATION.—The regulations issued scheduled heavy maintenance work on part dual-installed HGS technology on the safety under subsection (a) shall ensure that— 121 air carrier aircraft; and and efficiency of aircraft operations within (1) all covered towers constructed on or ‘‘(B) accounts for the frequency and seri- the national airspace system; after the date on which such regulations ousness of any corrective actions that part (2) review a sufficient quantity of commer- take effect are marked in accordance with 121 air carriers must implement to aircraft cial aviation accidents or incidents in order subsection (b); and following such work at such repair stations. to evaluate if HGS technology would have (2) a covered tower constructed before the ‘‘(2) INTERNATIONAL AGREEMENTS.—The Ad- produced a better outcome in that accident date on which such regulations take effect is ministrator shall take the measures required or incident; and marked in accordance with subsection (b) under paragraph (1)— (3) update previous HGS studies performed not later than 1 year after such effective ‘‘(A) in accordance with the United States by the Flight Safety Foundation in 1991 and date. obligations under applicable international 2009. (d) DEFINITION OF COVERED TOWER.— agreements; and (c) REPORT.—Not later than 18 months (1) IN GENERAL.—In this section, the term ‘‘(B) in a manner consistent with the appli- after the date of the enactment of this Act, ‘‘covered tower’’ means a structure that— cable laws of the country in which a repair the Administrator shall submit to the appro- (A) is self-standing or supported by guy station is located. priate committees of Congress a report con- wires and ground anchors; ‘‘(3) ACCESS TO DATA.—The Administrator taining the results of the review required by (B) is 10 feet or less in diameter at the may access and review such information or subsection (a). above-ground base, excluding concrete foot- data in the possession of a part 121 air car- ing; Subtitle E—General Provisions rier as the Administrator may require in car- (C) at the highest point of the structure is SEC. 2501. DESIGNATED AGENCY SAFETY AND rying out paragraph (1)(B).’’; and at least 50 feet above ground level; HEALTH OFFICER. (3) in subsection (g), as redesignated— (D) at the highest point of the structure is (a) IN GENERAL.—Section 106 is amended by (A) by redesignating paragraphs (1) and (2) not more than 200 feet above ground level; adding at the end the following: as paragraphs (2) and (3), respectively; and (E) has accessory facilities on which an an- ‘‘(u) DESIGNATED AGENCY SAFETY AND (B) by inserting before paragraph (2), as re- tenna, sensor, camera, meteorological in- HEALTH OFFICER.— designated, the following: strument, or other equipment is mounted; ‘‘(1) APPOINTMENT.—There shall be a Des- ‘‘(1) HEAVY MAINTENANCE WORK.—The term and ignated Agency Safety and Health Officer ap- ‘heavy maintenance work’ means a C-check, (F) is located— pointed by the Administrator who shall ex- a D-check, or equivalent maintenance oper- (i) outside the boundaries of an incor- clusively fulfill the duties prescribed in this ation with respect to the airframe of a trans- porated city or town; or subsection. port-category aircraft.’’. (ii) on land that is— ‘‘(2) RESPONSIBILITIES.—The Designated (b) ALCOHOL AND CONTROLLED SUBSTANCES (I) undeveloped; or Agency Safety and Health Officer shall have TESTING.—The Administrator of the Federal (II) used for agricultural purposes. responsibility and accountability for— Aviation Administration shall ensure that— (2) EXCLUSIONS.—The term ‘‘covered ‘‘(A) auditing occupational safety and (1) not later than 90 days after the date of tower’’ does not include any structure that— health issues across the Administration; enactment of this Act, a notice of proposed (A) is adjacent to a house, barn, electric ‘‘(B) overseeing Administration-wide com- rulemaking required pursuant to section utility station, or other building; pliance with relevant Federal occupational 44733(d)(2) of title 49, United States Code, is (B) is within the curtilage of a farmstead; safety and health statutes and regulations, published in the Federal Register; and

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1960 CONGRESSIONAL RECORD — SENATE April 12, 2016 (2) not later than 1 year after the date on (2) a review of the assumptions and meth- (2) general aviation, including business which the notice of proposed rulemaking is ods used in devising and implementing the aviation and fixed wing aircraft and published in the Federal Register, the rule- staffing model to assess the adequacy of the rotocraft; making is finalized. staffing model to predict the number of avia- (3) airports of various sizes and types; (c) BACKGROUND INVESTIGATIONS.—Not later tion safety inspectors needed to properly ful- (4) air traffic controllers; and than 180 days after the date of enactment of fill the mission of the Federal Aviation Ad- (5) State aviation officials. this Act, the Administrator of the Federal ministration and meet the future growth of (d) REPORT REQUIRED.—Not later than one Aviation Administration shall ensure that the aviation industry; and year after the establishment of the advisory each employee of a repair station certifi- (3) a determination on whether the current committee under subsection (a), the advisory cated under part 145 of title 14, Code of Fed- staffing model takes into account the Fed- committee shall submit to Congress a report eral Regulations, who performs a safety-sen- eral Aviation Administration’s authority to on the actions taken by the advisory com- sitive function on an air carrier aircraft has fully utilize designees. mittee to carry out the duties described in undergone a preemployment background in- (c) REPORT.—Not later than 30 days after subsection (b). vestigation sufficient to determine whether the date of completion of the audit, the In- Subtitle F—Third Class Medical Reform and the individual presents a threat to aviation spector General shall submit to the appro- General Aviation Pilot Protections safety, in a manner that is— priate committees of Congress a report on SEC. 2601. SHORT TITLE. (1) determined acceptable by the Adminis- the results of the audit. This subtitle may be cited as the ‘‘Pilot’s trator; SEC. 2505. APPROACH CONTROL RADAR IN ALL Bill of Rights 2’’. (2) consistent with the applicable laws of AIR TRAFFIC CONTROL TOWERS. SEC. 2602. MEDICAL CERTIFICATION OF CERTAIN the country in which the repair station is lo- The Administrator of the Federal Aviation SMALL AIRCRAFT PILOTS. cated; and Administration shall— (a) IN GENERAL.—Not later than 180 days (3) consistent with the United States obli- (1) identify airports that are currently after the date of enactment of this Act, the gations under international agreements. served by Federal Aviation Administration Administrator of the Federal Aviation Ad- SEC. 2503. FAA TECHNICAL TRAINING. towers with non-radar approach and depar- ministration shall issue or revise regulations (a) E-LEARNING TRAINING PILOT PROGRAM.— ture control (Type 4 tower); and to ensure that an individual may operate as Not later than 90 days after the date of en- (2) develop an implementation plan, in- pilot in command of a covered aircraft if— actment of this Act, the Administrator of cluding budgetary considerations, to provide (1) the individual possesses a valid driver’s the Federal Aviation Administration, in col- the facilities identified under paragraph (1) license issued by a State, territory, or pos- laboration with the exclusive bargaining rep- with approach control radar. session of the United States and complies resentatives of covered FAA personnel, shall with all medical requirements or restrictions establish an e-learning training pilot pro- SEC. 2506. AIRSPACE MANAGEMENT ADVISORY associated with that license; COMMITTEE. gram in accordance with the requirements of (2) the individual holds a medical certifi- (a) IN GENERAL.—Not later than 180 days this section. cate issued by the Federal Aviation Adminis- after the date of the enactment of this Act, (b) CURRICULUM.—The pilot program tration on the date of enactment of this Act, shall— the Administrator shall establish an advi- held such a certificate at any point during (1) include a recurrent training curriculum sory committee to carry out the duties de- the 10-year period preceding such date of en- for covered FAA personnel to ensure that the scribed in subsection (b). actment, or obtains such a certificate after covered FAA personnel receive instruction (b) DUTIES.—The advisory committee such date of enactment; on the latest aviation technologies, proc- shall— (3) the most recent medical certificate esses, and procedures; (1) conduct a review of the practices and issued by the Federal Aviation Administra- (2) focus on providing specialized technical procedures of the Federal Aviation Adminis- tion to the individual— training for covered FAA personnel, as deter- tration for developing proposals with respect (A) indicates whether the certificate is mined necessary by the Administrator; to changes in regulations, policies, or guid- first, second, or third class; (3) include training courses on applicable ance of the Federal Aviation Administration (B) may include authorization for special regulations of the Federal Aviation Adminis- relating to airspace that affect airport oper- issuance; tration; and ations, airport capacity, the environment, or (C) may be expired; (4) consider the efficacy of instructor-led communities in the vicinity of airports, in- (D) cannot have been revoked or sus- online training. cluding— pended; and (c) PILOT PROGRAM TERMINATION.—The (A) an assessment of the extent to which (E) cannot have been withdrawn; pilot program shall terminate 1 year after there is consultation, or a lack of consulta- (4) the most recent application for airman the date of establishment of the pilot pro- tion, with respect to such proposals— medical certification submitted to the Fed- gram. (i) between and among the affected ele- eral Aviation Administration by the indi- (d) E-LEARNING TRAINING PROGRAM.—Upon ments of the Federal Aviation Administra- vidual cannot have been completed and de- termination of the pilot program, the Ad- tion, including the Air Traffic Organization, nied; ministrator shall assess and establish or up- the Office of Airports, the Flight Standards (5) the individual has completed a medical date an e-learning training program that in- Service, the Office of NextGen, and the Of- education course described in subsection (c) corporates lessons learned for covered FAA fice of Energy and Environment; and during the 24 calendar months before acting personnel as a result of the pilot program. (ii) between the Federal Aviation Adminis- as pilot in command of a covered aircraft (e) DEFINITIONS.—In this section: tration and affected entities, including air- and demonstrates proof of completion of the (1) COVERED FAA PERSONNEL.—The term ports, aircraft operators, communities, and course; ‘‘covered FAA personnel’’ means airway State and local governments; (6) the individual, when serving as a pilot transportation systems specialists and avia- (2) recommend revisions to such practices in command, is under the care and treatment tion safety inspectors of the Federal Avia- and procedures to improve communications of a physician if the individual has been di- tion Administration. and coordination between and among af- agnosed with any medical condition that (2) E-LEARNING TRAINING.—The term ‘‘e- fected elements of the Federal Aviation Ad- may impact the ability of the individual to learning training’’ means learning utilizing ministration and with other affected entities fly; electronic technologies to access educational with respect to proposals described in para- (7) the individual has received a com- curriculum outside of a traditional class- graph (1) and the potential effects of such prehensive medical examination from a room. proposals; State-licensed physician during the previous SEC. 2504. SAFETY CRITICAL STAFFING. (3) conduct a review of the management by 48 months and— (a) AUDIT BY DOT INSPECTOR GENERAL.— the Federal Aviation Administration of sys- (A) prior to the examination, the indi- Not later than 1 year after the date of enact- tems and information used to evaluate data vidual— ment of this Act, the Inspector General of relating to obstructions to air navigation or (i) completed the individual’s section of the Department of Transportation shall con- navigational facilities under part 77 of title the checklist described in subsection (b); and duct and complete an audit of the staffing 14, Code of Federal Regulations; and (ii) provided the completed checklist to the model used by the Federal Aviation Adminis- (4) make recommendations to ensure that physician performing the examination; and tration to determine the number of aviation the data described in paragraph (3) is pub- (B) the physician conducted the com- safety inspectors that are needed to fulfill licly accessible and streamlined to ensure prehensive medical examination in accord- the mission of the Federal Aviation Adminis- developers, airport operators, and other in- ance with the checklist described in sub- tration and adequately ensure aviation safe- terested parties may obtain relevant infor- section (b), checking each item specified dur- ty. mation concerning potential obstructions ing the examination and addressing, as medi- (b) CONTENTS.—The audit shall include, at when working to preserve and create a safe cally appropriate, every medical condition a minimum— and efficient navigable airspace. listed, and any medications the individual is (1) a review of the staffing model and an (c) MEMBERSHIP.—The membership of the taking; and analysis of how consistently the staffing advisory committee established under sub- (8) the individual is operating in accord- model is applied throughout the Federal section (a) shall include representatives of— ance with the following conditions: Aviation Administration’s aviation safety (1) air carriers, including passenger and (A) The covered aircraft is carrying not lines of business; cargo air carriers; more than 5 passengers.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1961 (B) The individual is operating the covered (XVI) neurologic (tendon reflexes, equi- (C) a certification by the individual that aircraft under visual flight rules or instru- librium, senses, cranial nerves, and coordina- the individual is under the care and treat- ment flight rules. tion, etc.); ment of a physician if the individual has (C) The flight, including each portion of (XVII) psychiatric (appearance, behavior, been diagnosed with any medical condition that flight, is not carried out— mood, communication, and memory); that may impact the ability of the individual (i) for compensation or hire, including that (XVIII) general systemic; to fly, as required under (a)(6); no passenger or property on the flight is (XIX) hearing; (D) a form that includes— being carried for compensation or hire; (XX) vision (distant, near, and inter- (i) the name, address, telephone number, (ii) at an altitude that is more than 18,000 mediate vision, field of vision, color vision, and airman certificate number of the indi- feet above mean sea level; and ocular alignment); vidual; (iii) outside the United States, unless au- (XXI) blood pressure and pulse; and (ii) the name, address, telephone number, thorized by the country in which the flight is (XXII) anything else the physician, in his and State medical license number of the conducted; or or her medical judgment, considers nec- physician performing the comprehensive (iv) at an indicated air speed exceeding 250 essary; medical examination required in subsection knots. (ii) to exercise medical discretion to ad- (a)(7); dress, as medically appropriate, any medical (iii) the date of the comprehensive medical (b) COMPREHENSIVE MEDICAL EXAMINA- conditions identified, and to exercise med- examination required in subsection (a)(7); TION.— ical discretion in determining whether any and (1) IN GENERAL.—Not later than 180 days medical tests are warranted as part of the (iv) a certification by the individual that after the date of enactment of this Act, the comprehensive medical examination; the checklist described in subsection (b) was Administrator shall develop a checklist for (iii) to discuss all drugs the individual re- followed and signed by the physician in the an individual to complete and provide to the ports taking (prescription and nonprescrip- comprehensive medical examination re- physician performing the comprehensive tion) and their potential to interfere with quired in subsection (a)(7); and medical examination required in subsection the safe operation of an aircraft or motor ve- (E) a statement, which shall be printed, (a)(7). hicle; and signed by the individual certifying that (2) REQUIREMENTS.—The checklist shall (iv) to sign the checklist, stating: ‘‘I cer- the individual understands the existing pro- contain— tify that I discussed all items on this check- hibition on operations during medical defi- (A) a section, for the individual to com- list with the individual during my examina- ciency by stating: ‘‘I understand that I can- plete that contains— tion, discussed any medications the indi- not act as pilot in command, or any other (i) boxes 3 through 13 and boxes 16 through vidual is taking that could interfere with capacity as a required flight crew member, if 19 of the Federal Aviation Administration their ability to safely operate an aircraft or I know or have reason to know of any med- Form 8500–8 (3–99); motor vehicle, and performed an examina- ical condition that would make me unable to (ii) a signature line for the individual to tion that included all of the items on this operate the aircraft in a safe manner.’’. affirm that— checklist. I certify that I am not aware of (d) NATIONAL DRIVER REGISTER.—The au- (I) the answers provided by the individual any medical condition that, as presently thorization under subsection (c)(10)(B) shall be an authorization for a single access to the on that checklist, including the individual’s treated, could interfere with the individual’s information contained in the National Driv- answers regarding medical history, are true ability to safely operate an aircraft.’’; and er Register. and complete; (v) to provide the date the comprehensive medical examination was completed, and the (e) SPECIAL ISSUANCE PROCESS.— (II) the individual understands that he or (1) IN GENERAL.—An individual who has she is prohibited under Federal Aviation Ad- physician’s full name, address, telephone number, and State medical license number. qualified for the third-class medical certifi- ministration regulations from acting as pilot (3) LOGBOOK.—The completed checklist cate exemption under subsection (a) and is in command, or any other capacity as a re- shall be retained in the individual’s logbook seeking to serve as a pilot in command of a quired flight crew member, if he or she and made available on request. covered aircraft shall be required to have knows or has reason to know of any medical (c) MEDICAL EDUCATION COURSE REQUIRE- completed the process for obtaining an Au- deficiency or medically disqualifying condi- MENTS.—The medical education course de- thorization for Special Issuance of a Medical tion that would make the individual unable scribed in this subsection shall— Certificate for each of the following: to operate the aircraft in a safe manner; and (1) be available on the Internet free of (A) A mental health disorder, limited to an (III) the individual is aware of the regula- charge; established medical history or clinical diag- tions pertaining to the prohibition on oper- (2) be developed and periodically updated nosis of— ations during medical deficiency and has no in coordination with representatives of rel- (i) personality disorder that is severe medically disqualifying conditions in accord- evant nonprofit and not-for-profit general enough to have repeatedly manifested itself ance with applicable law; aviation stakeholder groups; by overt acts; (B) a section with instructions for the indi- (3) educate pilots on conducting medical (ii) psychosis, defined as a case in which an vidual to provide the completed checklist to self-assessments; individual— the physician performing the comprehensive (4) advise pilots on identifying warning (I) has manifested delusions, halluci- medical examination required in subsection signs of potential serious medical conditions; nations, grossly bizarre or disorganized be- (a)(7); and (5) identify risk mitigation strategies for havior, or other commonly accepted symp- (C) a section, for the physician to com- medical conditions; toms of psychosis; or plete, that instructs the physician— (6) increase awareness of the impacts of po- (II) may reasonably be expected to mani- (i) to perform a clinical examination of— tentially impairing over-the-counter and fest delusions, hallucinations, grossly bizarre (I) head, face, neck, and scalp; prescription drug medications; or disorganized behavior, or other commonly (II) nose, sinuses, mouth, and throat; (7) encourage regular medical examina- accepted symptoms of psychosis; (III) ears, general (internal and external tions and consultations with primary care (iii) bipolar disorder; or canals), and eardrums (perforation); physicians; (iv) substance dependence within the pre- (IV) eyes (general), ophthalmoscopic, pu- (8) inform pilots of the regulations per- vious 2 years, as defined in section pils (equality and reaction), and ocular mo- taining to the prohibition on operations dur- 67.307(a)(4) of title 14, Code of Federal Regu- tility (associated parallel movement, nys- ing medical deficiency and medically dis- lations. tagmus); qualifying conditions; (B) A neurological disorder, limited to an (V) lungs and chest (not including breast (9) provide the checklist developed by the established medical history or clinical diag- examination); Federal Aviation Administration in accord- nosis of any of the following: (VI) heart (precordial activity, rhythm, ance with subsection (b); and (i) Epilepsy. sounds, and murmurs); (10) upon successful completion of the (ii) Disturbance of consciousness without (VII) vascular system (pulse, amplitude, course, electronically provide to the indi- satisfactory medical explanation of the and character, and arms, legs, and others); vidual and transmit to the Federal Aviation cause. (VIII) abdomen and viscera (including her- Administration— (iii) A transient loss of control of nervous nia); (A) a certification of completion of the system functions without satisfactory med- (IX) anus (not including digital examina- medical education course, which shall be ical explanation of the cause. tion); printed and retained in the individual’s log- (C) A cardiovascular condition, limited to (X) skin; book and made available upon request, and a one-time special issuance for each diag- (XI) G–U system (not including pelvic ex- shall contain the individual’s name, address, nosis of the following: amination); and airman certificate number; (i) Myocardial infraction. (XII) upper and lower extremities (strength (B) subject to subsection (d), a release au- (ii) Coronary heart disease that has re- and range of motion); thorizing the National Driver Register quired treatment. (XIII) spine and other musculoskeletal; through a designated State Department of (iii) Cardiac valve replacement. (XIV) identifying body marks, scars, and Motor Vehicles to furnish to the Federal (iv) Heart replacement. tattoos (size and location); Aviation Administration information per- (2) SPECIAL RULE FOR CARDIOVASCULAR CON- (XV) lymphatics; taining to the individual’s driving record; DITIONS.—In the case of an individual with a

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1962 CONGRESSIONAL RECORD — SENATE April 12, 2016 cardiovascular condition, the process for ob- section 67.401 of title 14, Code of Federal Reg- voking an airman certificate under section taining an Authorization for Special ulations. 44709(d) of such title, or imposing an emer- Issuance of a Medical Certificate shall be (2) CONSULTATIONS.—In carrying out para- gency order of revocation under subsections satisfied with the successful completion of graph (1), the Administrator shall consult (d) and (e) of section 44709 of such title’’. an appropriate clinical evaluation without a with aviation, medical, and union stake- (b) DE NOVO REVIEW BY DISTRICT COURT; mandatory wait period. holders. BURDEN OF PROOF.—Section 2(e) of the Pi- (3) SPECIAL RULE FOR MENTAL HEALTH CON- (3) REPORT REQUIRED.—Not later than 1 lot’s Bill of Rights (Public Law 112–153; 126 DITIONS.— year after the date of enactment of this Act, Stat. 1159; 49 U.S.C. 44703 note) is amended— (A) In the case of an individual with a the Administrator shall submit to the Com- (1) by amending paragraph (1) to read as clinically diagnosed mental health condi- mittee on Commerce, Science, and Transpor- follows: tion, the third-class medical certificate ex- tation of the Senate and the Committee on ‘‘(1) IN GENERAL.—In an appeal filed under emption under subsection (a) shall not apply Transportation and Infrastructure of the subsection (d) in a United States district if— House of Representatives a report describing court with respect to a denial, suspension, or (i) in the judgment of the individual’s how the procedures implemented under para- revocation of an airman certificate by the State-licensed medical specialist, the condi- graph (1) will streamline the process for ob- Administrator— tion— taining an Authorization for Special ‘‘(A) the district court shall review the de- (I) renders the individual unable to safely Issuance of a Medical Certificate and reduce nial, suspension, or revocation de novo, in- perform the duties or exercise the airman the amount of time needed to review and de- cluding by— privileges described in subsection (a)(8); or cide special issuance cases. ‘‘(i) conducting a full independent review (II) may reasonably be expected to make (h) REPORT REQUIRED.—Not later than 5 of the complete administrative record of the the individual unable to perform the duties years after the date of enactment of this denial, suspension, or revocation; or exercise the privileges described in sub- Act, the Administrator, in coordination with ‘‘(ii) permitting additional discovery and section (a)(8); or the National Transportation Safety Board, the taking of additional evidence; and (ii) the individual’s driver’s license is re- shall submit to the Committee on Com- ‘‘(iii) making the findings of fact and con- voked by the issuing agency as a result of a merce, Science, and Transportation of the clusions of law required by Rule 52 of the clinically diagnosed mental health condi- Senate and the Committee on Transpor- Federal Rules of Civil Procedure without tion. tation and Infrastructure of the House of being bound to any findings of fact of the Ad- (B) Subject to subparagraph (A), an indi- Representatives a report that describes the ministrator or the National Transportation vidual clinically diagnosed with a mental effect of the regulations issued or revised Safety Board.’’; health condition shall certify every 2 years, under subsection (a) and includes statistics (2) by redesignating paragraph (2) as para- in conjunction with the certification under with respect to changes in small aircraft ac- graph (3); and subsection (c)(10)(C), that the individual is tivity and safety incidents. (3) by inserting after paragraph (1) the fol- under the care of a State-licensed medical (i) PROHIBITION ON ENFORCEMENT AC- lowing: specialist for that mental health condition. TIONS.—Beginning on the date that is 1 year ‘‘(2) BURDEN OF PROOF.—In an appeal filed after the date of enactment of this Act, the (4) SPECIAL RULE FOR NEUROLOGICAL CONDI- under subsection (d) in a United States dis- Administrator may not take an enforcement TIONS.— trict court after an exhaustion of adminis- (A) In the case of an individual with a action for not holding a valid third-class trative remedies, the burden of proof shall be clinically diagnosed neurological condition, medical certificate against a pilot of a cov- as follows: the third-class medical certificate exemption ered aircraft for a flight, through a good ‘‘(A) In an appeal of the denial of an appli- under subsection (a) shall not apply if— faith effort, if the pilot and the flight meet cation for the issuance or renewal of an air- (i) in the judgment of the individual’s the applicable requirements under sub- man certificate under section 44703 of title State-licensed medical specialist, the condi- section (a), except paragraph (5) of that sub- 49, United States Code, the burden of proof tion— section, unless the Administrator has pub- shall be upon the applicant denied an airman (I) renders the individual unable to safely lished final regulations in the Federal Reg- certificate by the Administrator. perform the duties or exercise the airman ister under that subsection. ‘‘(B) In an appeal of an order issued by the (j) COVERED AIRCRAFT DEFINED.—In this privileges described in subsection (a)(8); or Administrator under section 44709 of title 49, section, the term ‘‘covered aircraft’’ means (II) may reasonably be expected to make United States Code, the burden of proof shall an aircraft that— the individual unable to perform the duties be upon the Administrator.’’; and (1) is authorized under Federal law to carry or exercise the privileges described in sub- (4) by adding at the end the following: not more than 6 occupants; and section (a)(8); or ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO- (2) has a maximum certificated takeoff (ii) the individual’s driver’s license is re- CEDURE ACT.—Notwithstanding paragraph weight of not more than 6,000 pounds. voked by the issuing agency as a result of a (1)(A) of this subsection or subsection (a)(1) (k) OPERATIONS COVERED.—The provisions of section 554 of title 5, United States Code, clinically diagnosed neurological condition. and requirements covered in this section do (B) Subject to subparagraph (A), an indi- section 554 of such title shall apply to adju- not apply to pilots who elect to operate dications of the Administrator and the Na- vidual clinically diagnosed with a neuro- under the medical requirements under sub- logical condition shall certify every 2 years, tional Transportation Safety Board to the section (b) or subsection (c) of section 61.23 same extent as that section applied to such in conjunction with the certification under of title 14, Code of Federal Regulations. subsection (c)(10)(C), that the individual is adjudications before the date of enactment (l) AUTHORITY TO REQUIRE ADDITIONAL IN- of the Pilot’s Bill of Rights 2.’’. under the care of a State-licensed medical FORMATION.— specialist for that neurological condition. (c) NOTIFICATION OF INVESTIGATION.—Sub- (1) IN GENERAL.—If the Administrator re- section (b) of section 2 of the Pilot’s Bill of (f) IDENTIFICATION OF ADDITIONAL MEDICAL ceives credible or urgent information, in- Rights (Public Law 112–153; 126 Stat. 1159; 49 CONDITIONS FOR THE CACI PROGRAM.— cluding from the National Driver Register or U.S.C. 44703 note) is amended— (1) IN GENERAL.—Not later than 180 days the Administrator’s Safety Hotline, that re- (1) in paragraph (2)(A), by inserting ‘‘and after the date of enactment of this Act, the flects on an individual’s ability to safely op- the specific activity on which the investiga- Administrator shall review and identify ad- erate a covered aircraft under the third-class tion is based’’ after ‘‘nature of the investiga- ditional medical conditions that could be medical certificate exemption in subsection tion’’; added to the program known as the Condi- (a), the Administrator may require the indi- (2) in paragraph (3), by striking ‘‘timely’’; tions AMEs Can Issue (CACI) program. vidual to provide additional information or and (2) CONSULTATIONS.—In carrying out para- history so that the Administrator may de- (3) in paragraph (5), by striking ‘‘section graph (1), the Administrator shall consult termine whether the individual is safe to 44709(c)(2)’’ and inserting ‘‘section with aviation, medical, and union stake- continue operating a covered aircraft. 44709(e)(2)’’. holders. (2) USE OF INFORMATION.—The Adminis- (d) RELEASE OF INVESTIGATIVE REPORTS.— (3) REPORT REQUIRED.—Not later than 180 trator may use credible or urgent informa- Section 2 of the Pilot’s Bill of Rights (Public days after the date of enactment of this Act, tion received under paragraph (1) to request Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 the Administrator shall submit to the Com- an individual to provide additional informa- note) is further amended by inserting after mittee on Commerce, Science, and Transpor- tion or to take actions under section 44709(b) subsection (e) the following: tation of the Senate and the Committee on of title 49, United States Code. ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— Transportation and Infrastructure of the SEC. 2603. EXPANSION OF PILOT’S BILL OF ‘‘(1) IN GENERAL.— House of Representatives a report listing the RIGHTS. ‘‘(A) EMERGENCY ORDERS.—In any pro- medical conditions that have been added to (a) APPEALS OF SUSPENDED AND REVOKED ceeding conducted under part 821 of title 49, the CACI program under paragraph (1). AIRMAN CERTIFICATES.—Section 2(d)(1) of the Code of Federal Regulations, relating to the (g) EXPEDITED AUTHORIZATION FOR SPECIAL Pilot’s Bill of Rights (Public Law 112–153; 126 amendment, modification, suspension, or ISSUANCE OF A MEDICAL CERTIFICATE.— Stat. 1159; 49 U.S.C. 44703 note) is amended by revocation of an airman certificate, in which (1) IN GENERAL.—The Administrator shall striking ‘‘or imposing a punitive civil action the Administrator issues an emergency order implement procedures to expedite the proc- or an emergency order of revocation under under subsections (d) and (e) of section 44709, ess for obtaining an Authorization for Spe- subsections (d) and (e) of section 44709 of section 44710, or section 46105(c) of title 49, cial Issuance of a Medical Certificate under such title’’ and inserting ‘‘suspending or re- United States Code, or another order that

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1963 takes effect immediately, the Administrator the reexamination is ordered as a result of until the Administrator certifies to the ap- shall provide to the individual holding the an event involving the fault of the Federal propriate congressional committees that the airman certificate the releasable portion of Aviation Administration or its designee, un- Administrator has complied with the re- the investigative report at the time the Ad- less the Administrator has reasonable quirements of section 3 of the Pilot’s Bill of ministrator issues the order. If the complete grounds— Rights, as amended by this section. Report of Investigation is not available at ‘‘(i) to establish that the airman may not (2) In this subsection, the term ‘‘appro- the time the Emergency Order is issued, the be qualified to exercise the privileges of a priate congressional committees’’ means— Administrator shall issue all portions of the particular certificate or rating, based upon (A) the Committee on Commerce, Science, report that are available at the time and an act or omission committed by the airman and Transportation of the Senate; and shall provide the full report within 5 days of while exercising those privileges, after the (B) the Committee on Transportation and its completion. certificate or rating was issued by the Fed- Infrastructure of the House of Representa- ‘‘(B) OTHER ORDERS.—In any non-emer- eral Aviation Administration or its designee; tives. gency proceeding conducted under part 821 of or (b) AMENDMENTS.—Section 3 of the Pilot’s title 49, Code of Federal Regulations, relat- ‘‘(ii) to demonstrate that the airman ob- Bill of Rights (Public Law 112–153; 126 Stat. ing to the amendment, modification, suspen- tained the certificate or the rating through 1162; 49 U.S.C. 44701 note) is amended— sion, or revocation of an airman certificate, fraudulent means or through an examination (1) in subsection (a)(2)— in which the Administrator notifies the cer- that was substantially and demonstrably in- (A) in the matter preceding subparagraph tificate holder of a proposed certificate ac- adequate to establish the airman’s qualifica- (A)— tion under subsections (b) and (c) of section tions. (i) by striking ‘‘this Act’’ and inserting 44709 or section 44710 of title 49, United ‘‘(B) NOTIFICATION REQUIREMENTS.—Before ‘‘the Pilot’s Bill of Rights 2’’; and States Code, the Administrator shall, upon taking any action to reexamine an airman (ii) by striking ‘‘begin’’ and inserting the written request of the covered certificate under subparagraph (A), the Administrator ‘‘complete the implementation of’’; holder and at any time after that notifica- shall provide to the airman— (B) by amending subparagraph (B) to read tion, provide to the covered certificate hold- ‘‘(i) a reasonable basis, described in detail, as follows: er the releasable portion of the investigative for requesting the reexamination; and ‘‘(B) to continue developing and modern- report. ‘‘(ii) any information gathered by the Fed- izing the NOTAM repository, in a public cen- ‘‘(2) MOTION FOR DISMISSAL.—If the Admin- eral Aviation Administration, that the Ad- tral location, to maintain and archive all istrator does not provide the releasable por- ministrator determines is appropriate to pro- NOTAMs, including the original content and tions of the investigative report to the indi- vide, such as the scope and nature of the re- form of the notices, the original date of pub- vidual holding the airman certificate subject quested reexamination, that formed the lication, and any amendments to such no- to the proceeding referred to in paragraph (1) basis for that justification.’’. tices with the date of each amendment, in a by the time required by that paragraph, the (b) AMENDMENT, MODIFICATION, SUSPENSION, manner that is Internet-accessible, machine- OR REVOCATION OF AIRMAN CERTIFICATES individual may move to dismiss the com- readable, and searchable;’’; AFTER REEXAMINATION.—Section 44709(b) is plaint of the Administrator or for other re- (C) in subparagraph (C), by striking the pe- amended— lief and, unless the Administrator estab- riod at the end and inserting ‘‘; and’’; and (1) in paragraph (1), by redesignating sub- lishes good cause for the failure to provide (D) by adding at the end the following: paragraphs (A) and (B) as clauses (i) and (ii), the investigative report or for a lack of ‘‘(D) to specify the times during which respectively, and indenting appropriately; timeliness, the administrative law judge temporary flight restrictions are in effect (2) by redesignating paragraphs (1) and (2) shall order such relief as the judge considers and the duration of a designation of special as subparagraphs (A) and (B), respectively, appropriate. use airspace in a specific area.’’; and ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE and indenting appropriately; (2) by amending subsection (d) to read as REPORT.—For purposes of paragraph (1), the (3) in the matter preceding subparagraph follows: releasable portion of an investigative report (A), as redesignated, by striking ‘‘The Ad- ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE is all information in the report, except for ministrator’’ and inserting the following: SOURCE FOR NOTAMS.— the following: ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—The Administrator— ‘‘(A) Information that is privileged. paragraph (2), the Administrator’’; and ‘‘(A) shall consider the repository for ‘‘(B) Information that constitutes work (4) by adding at the end the following: NOTAMs under subsection (a)(2)(B) to be the product or reflects internal deliberative ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN- sole location for airmen to check for process. SIONS, AND REVOCATIONS OF AIRMAN CERTIFI- NOTAMs; and ‘‘(C) Information that would disclose the CATES AFTER REEXAMINATION.— ‘‘(B) may not consider a NOTAM to be an- identity of a confidential source. ‘‘(A) IN GENERAL.—The Administrator may nounced or published until the NOTAM is in- ‘‘(D) Information the disclosure of which is not issue an order to amend, modify, sus- cluded in the repository for NOTAMs under prohibited by any other provision of law. pend, or revoke an airman certificate held by subsection (a)(2)(B). ‘‘(E) Information that is not relevant to a student, sport, recreational, or private ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO- the subject matter of the proceeding. pilot and issued under section 44703 of this LATIONS OF NOTAMS NOT IN REPOSITORY.— ‘‘(F) Information the Administrator can title after a reexamination of the airman ‘‘(A) IN GENERAL.—Except as provided in demonstrate is withheld for good cause. holding the certificate unless the Adminis- subparagraph (B), beginning on the date that ‘‘(G) Sensitive security information, as de- trator determines that the airman— the repository under subsection (a)(2)(B) is fined in section 15.5 of title 49, Code of Fed- ‘‘(i) lacks the technical skills and com- final and published, the Administrator may eral Regulations (or any corresponding simi- petency, or care, judgment, and responsi- not take any enforcement action against an lar ruling or regulation). bility, necessary to hold and safely exercise airman for a violation of a NOTAM during a ‘‘(4) RULE OF CONSTRUCTION.—Nothing in the privileges of the certificate; or flight if— this subsection shall be construed to prevent ‘‘(ii) materially contributed to the ‘‘(i) that NOTAM is not available through the Administrator from releasing to an indi- issuance of the certificate by fraudulent the repository before the commencement of vidual subject to an investigation described means. the flight; and in subsection (b)(1)— ‘‘(B) STANDARD OF REVIEW.—Any order of ‘‘(ii) that NOTAM is not reasonably acces- ‘‘(A) information in addition to the infor- the Administrator under this paragraph sible and identifiable to the airman. mation included in the releasable portion of shall be subject to the standard of review ‘‘(B) EXCEPTION FOR NATIONAL SECURITY.— the investigative report; or provided for under section 2 of the Pilot’s Subparagraph (A) shall not apply in the case ‘‘(B) a copy of the investigative report be- Bill of Rights (49 U.S.C. 44703 note).’’. of an enforcement action for a violation of a fore the Administrator issues a complaint.’’. (c) CONFORMING AMENDMENTS.—Section NOTAM that directly relates to national se- 44709(d)(1) is amended— SEC. 2604. LIMITATIONS ON REEXAMINATION OF curity.’’. CERTIFICATE HOLDERS. (1) in subparagraph (A), by striking ‘‘sub- (a) IN GENERAL.—Section 44709(a) is amend- section (b)(1)(A)’’ and inserting ‘‘subsection SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT ed— (b)(1)(A)(i)’’; and DATA. (a) IN GENERAL.—Subchapter I of chapter (1) by striking ‘‘The Administrator’’ and (2) in subparagraph (B), by striking ‘‘sub- 471 is amended by inserting after section inserting the following: section (b)(1)(B)’’ and inserting ‘‘subsection 47124 the following: ‘‘(1) IN GENERAL.—The Administrator’’; (b)(1)(A)(ii)’’. (2) by striking ‘‘reexamine’’ and inserting SEC. 2605. EXPEDITING UPDATES TO NOTAM PRO- ‘‘§ 47124a. Accessibility of certain flight data ‘‘, except as provided in paragraph (2), reex- GRAM. ‘‘(a) DEFINITIONS.—In this section: amine’’; and (a) IN GENERAL.— ‘‘(1) ADMINISTRATION.—The term ‘Adminis- (3) by adding at the end the following: (1) Beginning on the date that is 180 days tration’ means the Federal Aviation Admin- ‘‘(2) LIMITATION ON THE REEXAMINATION OF after the date of enactment of this Act, the istration. AIRMAN CERTIFICATES.— Administrator of the Federal Aviation Ad- ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- ‘‘(A) IN GENERAL.—The Administrator may ministration may not take any enforcement trator’ means the Administrator of the Fed- not reexamine an airman holding a student, action against any individual for a violation eral Aviation Administration. sport, recreational, or private pilot certifi- of a NOTAM (as defined in section 3 of the ‘‘(3) APPLICABLE INDIVIDUAL.—The term cate issued under section 44703 of this title if Pilot’s Bill of Rights (49 U.S.C. 44701 note)) ‘applicable individual’ means an individual

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1964 CONGRESSIONAL RECORD — SENATE April 12, 2016 who is the subject of an investigation initi- section with a warning notice, letter of cor- the Advisory Committee for Aviation Con- ated by the Administrator related to a cov- rection, or other administrative action. sumer Protection, established under section ered flight record. TITLE III—AIR SERVICE IMPROVEMENTS 411 of the FAA Modernization and Reform ‘‘(4) CONTRACT TOWER.—The term ‘contract SEC. 3001. DEFINITIONS. Act of 2012 (49 U.S.C. 42301 prec. note), to as- tower’ means an air traffic control tower In this title: sist in conducting the review and providing providing air traffic control services pursu- (1) COVERED AIR CARRIER.—The term ‘‘cov- recommendations. ant to a contract with the Administration ered air carrier’’ means an air carrier or a (b) REPORT.—Not later than 90 days after the date the review under subsection (a) is under the contract air traffic control tower foreign air carrier as those terms are defined complete, the Secretary shall submit to ap- program under section 47124(b)(3). in section 40102 of title 49, United States propriate committees of Congress a report on ‘‘(5) COVERED FLIGHT RECORD.—The term Code. the review under subsection (a), including ‘covered flight record’ means any air traffic (2) ONLINE SERVICE.—The term ‘‘online any recommendations. data (as defined in section 2(b)(4)(B) of the service’’ means any service available over Pilot’s Bill of Rights (49 U.S.C. 44703 note)), the Internet, or that connects to the Inter- SEC. 3103. ADDITIONAL CONSUMER PROTEC- created, maintained, or controlled by any TIONS. net or a wide-area network. Not later than 180 days after the date that program of the Administration, including (3) TICKET AGENT.—The term ‘‘ticket any program of the Administration carried the reviews under sections 3101 and 3102 of agent’’ has the meaning given the term in this Act are complete, the Secretary of out by employees or contractors of the Ad- section 40102 of title 49, United States Code. ministration, such as contract towers, flight Transportation shall issue a supplemental Subtitle A—Passenger Air Service service stations, and controller training pro- notice of proposed rulemaking to its notice Improvements grams. of proposed rulemaking published in the Fed- ‘‘(b) PROVISION OF COVERED FLIGHT RECORD SEC. 3101. CAUSES OF AIRLINE DELAYS OR CAN- eral Register on May 23, 2014 (DOT–OST–2014– CELLATIONS. TO ADMINISTRATION.— 0056) (relating to the transparency of airline (a) REVIEW.— ‘‘(1) REQUESTS.—Whenever the Administra- ancillary fees and other consumer protection (1) IN GENERAL.—Not later than 1 year after tion receives a written request for a covered issues) to consider the following: the date of enactment of this Act, the Sec- flight record from an applicable individual (1) Requiring an air carrier to provide noti- retary of Transportation shall review the and the covered flight record is not in the fication and refunds or other consideration categorization of delays and cancellations possession of the Administration, the Ad- to a consumer who is impacted by delays or with respect to air carriers that are required ministrator shall request the covered flight cancellations when an air carrier has a to report such data. record from the contract tower or other con- choice as to which flights to cancel or delay (2) CONSIDERATIONS.—In conducting the re- tractor of the Administration in possession during a weather-related event. view under paragraph (1), the Secretary shall of the covered flight record. (2) Requiring an air carrier to provide noti- consider, at a minimum— ‘‘(2) PROVISION OF RECORDS.—Any covered fication and refunds or other consideration (A) whether delays and cancellations at- flight record created, maintained, or con- to a consumer who is impacted by involun- tributed by an air carrier to weather were trolled by a contract tower or another con- tary changes to the consumer’s itinerary. unavoidable due to an operational or air tractor of the Administration that main- SEC. 3104. ADDRESSING THE NEEDS OF FAMILIES traffic control issue, or due to the air car- tains covered flight records shall be provided OF PASSENGERS INVOLVED IN AIR- rier’s preference in determining which CRAFT ACCIDENTS. to the Administration if the Administration flights to delay or cancel during a weather (a) AIR CARRIERS HOLDING CERTIFICATES OF requests the record pursuant to paragraph event; PUBLIC CONVENIENCE AND NECESSITY.—Sec- (1). (B) whether and to what extent delays and tion 41113 is amended— ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC- cancellations attributed by an air carrier to (1) in subsection (a), by striking ‘‘a major’’ TION.—If the Administrator has issued, or weather disproportionately impact service to and inserting ‘‘any’’; subsequently issues, a Notice of Proposed smaller airports and communities; and (2) in subsection (b)— Certificate Action relying on evidence con- (C) whether it is an unfair or deceptive (A) in paragraph (9), by striking ‘‘(and any tained in the covered flight record and the practice in violation of section 41712 of title other victim of the accident)’’ and inserting individual who is the subject of an investiga- 49, United States Code, for an air carrier to ‘‘(and any other victim of the accident, in- tion has requested the record, the Adminis- inform a passenger that a flight is delayed or cluding any victim on the ground)’’; trator shall promptly produce the record and cancelled due to weather, without any other (B) in paragraph (16), by striking ‘‘major’’ extend the time the individual has to re- context or explanation for the delay or can- and inserting ‘‘any’’; and spond to the Notice of Proposed Certificate cellation, when the air carrier has discretion (C) in paragraph (17)(A), by striking ‘‘sig- Action until the covered flight record is pro- as to which flights to delay or cancel. nificant’’ and inserting ‘‘any’’; and vided. (3) ADVISORY COMMITTEE FOR AVIATION CON- (3) by amending subsection (e) to read as ‘‘(c) IMPLEMENTATION.— SUMER PROTECTION.—The Secretary may use follows: ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(e) DEFINITIONS.—In this section: after the date of enactment of the Pilot’s the Advisory Committee for Aviation Con- ‘‘(1) ‘Aircraft accident’ means any aviation Bill of Rights 2, the Administrator shall pro- sumer Protection, established under section disaster, regardless of its cause or suspected mulgate regulations or guidance to ensure 411 of the FAA Modernization and Reform cause, for which the National Transportation compliance with this section. Act of 2012 (49 U.S.C. 42301 prec. note), to as- sist in conducting the review and providing Safety Board is the lead investigative agen- ‘‘(2) COMPLIANCE BY CONTRACTORS.— cy. ‘‘(A) Compliance with this section by a recommendations. (b) REPORT.—Not later than 90 days after ‘‘(2) ‘Passenger’ has the meaning given the contract tower or other contractor of the the date the review under subsection (a) is term in section 1136.’’. Administration that maintains covered complete, the Secretary shall submit to the (b) FOREIGN AIR CARRIERS PROVIDING FOR- flight records shall be included as a material appropriate committees of Congress a report EIGN AIR TRANSPORTATION.—Section 41313 is term in any contract between the Adminis- on the review under subsection (a), including amended— tration and the contract tower or contractor any recommendations. (1) in subsection (b), by striking ‘‘a major’’ entered into or renewed on or after the date (c) SAVINGS PROVISION.—Nothing in this and inserting ‘‘any’’; and of enactment of the Pilot’s Bill of Rights 2. section shall be construed as affecting the (2) in subsection (c)— ‘‘(B) Subparagraph (A) shall not apply to decision of an air carrier to maximize its (A) in paragraph (1), by striking ‘‘a signifi- any contract or agreement in effect on the system capacity during weather-related cant’’ and inserting ‘‘any’’; date of enactment of the Pilot’s Bill of events to accommodate the greatest number (B) in paragraph (2), by striking ‘‘a signifi- Rights 2 unless the contract or agreement is of passengers. cant’’ and inserting ‘‘any’’; renegotiated, renewed, or modified after that SEC. 3102. INVOLUNTARY CHANGES TO (C) in paragraph (16), by striking ‘‘major’’ date.’’. ITINERARIES. and inserting ‘‘any’’; and (b) TECHNICAL AND CONFORMING AMEND- (a) REVIEW.— (D) in paragraph (17)(A), by striking ‘‘sig- MENTS.—The table of contents for chapter 471 (1) IN GENERAL.—Not later than 1 year after nificant’’ and inserting ‘‘any’’. is amended by inserting after the item relat- the date of enactment of this Act, the Sec- (c) NATIONAL TRANSPORTATION SAFETY ing to section 47124 the following: retary of Transportation shall review wheth- BOARD.—Section 1136(a) is amended by strik- ‘‘47124a. Accessibility of certain flight er it is an unfair or deceptive practice in vio- ing ‘‘aircraft accident within the United data.’’. lation of section 41712 of title 49, United States involving an air carrier or foreign air SEC. 2607. AUTHORITY FOR LEGAL COUNSEL TO States Code, for an air carrier to change the carrier and resulting in a major loss of life’’ ISSUE CERTAIN NOTICES. itinerary of a passenger, more than 24 hours and inserting ‘‘aircraft accident involving an Not later than 180 days after the date of before departure, if the new itinerary in- air carrier or foreign air carrier, resulting in enactment of this Act, the Administrator of volves additional stops or departs 3 hours any loss of life, and for which the National the Federal Aviation Administration shall earlier or later and compensation or other Transportation Safety Board will serve as revise section 13.11 of title 14, Code of Fed- more suitable air transportation is not of- the lead investigative agency’’. eral Regulations, to authorize legal counsel fered. SEC. 3105. EMERGENCY MEDICAL KITS. of the Federal Aviation Administration to (2) ADVISORY COMMITTEE FOR AVIATION CON- (a) IN GENERAL.—Not later than 1 year close enforcement actions covered by that SUMER PROTECTION.—The Secretary may use after the date of enactment of this Act, the

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1965 Administrator of the Federal Aviation Ad- regulations to require a covered air carrier tion of seating or prior to the point of pur- ministration shall evaluate and revise, as ap- to promptly provide an automatic refund to chase; and propriate, the regulations under part 121 of a passenger in the amount of any applicable (2) if ticketing is done on the telephone, be title 14, Code of Federal Regulations, regard- ancillary fees paid if the covered air carrier expressly stated to the consumer during the ing the emergency medical equipment re- has charged the passenger an ancillary fee telephone call and prior to the point of pur- quirements, including the contents of the for checked baggage but the covered air car- chase. first-aid kit, applicable to all certificate rier fails to deliver the checked baggage to SEC. 3113. LASTING IMPROVEMENTS TO FAMILY holders operating passenger-carrying air- the passenger not later than 6 hours after TRAVEL. planes under that part. the arrival of a domestic flight or 12 hours (a) SHORT TITLE.—This section may be (b) CONSIDERATIONS.—In carrying out sub- after the arrival of an international flight. cited as the ‘‘Lasting Improvements to Fam- section (a), the Administrator shall consider (b) EXCEPTION.—If as part of the rule- ily Travel Act’’ or the ‘‘LIFT Act’’. whether the minimum contents of approved making the Secretary makes a determina- (b) ACCOMPANYING MINORS FOR SECURITY emergency medical kits, including approved tion on the record that a requirement under SCREENING.—The Administrator of the first-aid kits, include appropriate medica- subsection (a) is unfeasible and will nega- Transportation Security Administration tions and equipment to meet the emergency tively affect consumers in certain cases, the shall formalize security screening procedures medical needs of children, including consid- Secretary may modify 1 or both of the dead- that allow for one adult family caregiver to eration of an epinephrine auto-injector, as lines in that subsection for such cases, ex- accompany a minor child throughout the en- appropriate. cept that— tirety of the security screening process. (c) SPECIAL ACCOMMODATIONS FOR PREG- SEC. 3106. TRAVELERS WITH DISABILITIES. (1) the deadline relating to a domestic NANT WOMEN.—Not later than 180 days after (a) IN GENERAL.—Not later than 1 year flight may not exceed 12 hours after the ar- the date of the enactment of this Act, the after the date of enactment of this Act, the rival of the domestic flight; and Secretary of Transportation shall review Comptroller General of the United States (2) the deadline relating to an inter- and, if appropriate, prescribe regulations shall— national flight may not exceed 24 hours after that direct all air carriers to include preg- (1) conduct a study of airport accessibility the arrival of the international flight. nant women in their policies with respect to best practices for individuals with disabil- SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE preboarding or advance boarding of aircraft. ities; and NOT HONORED BY A COVERED AIR (d) FAMILY SEATING.—Not later than 1 year (2) submit to the appropriate committees CARRIER. Not later than 1 year after the date of en- after the date of the enactment of this Act, of Congress a report on the study, including the Secretary shall review and, if appro- the Comptroller General’s findings, conclu- actment of this Act, the Secretary of Trans- portation shall promulgate regulations that priate, establish a policy directing all air sions, and recommendations. carriers to ensure that, if a family is trav- (b) CONTENTS.—The study under subsection require each covered air carrier to promptly provide an automatic refund to a passenger eling on a reservation with a child under the (a) shall include accessibility best practices age of 13, that child is able to sit in a seat beyond those recommended under the Archi- of any ancillary fees paid for services that the passenger does not receive, including on adjacent to the seat of an accompanying tectural Barriers Act of 1968 (42 U.S.C. 4151 et family member over the age of 13, to the seq.), Rehabilitation Act of 1973 (29 U.S.C. 701 the passenger’s scheduled flight, on a subse- quent replacement itinerary if there has maximum extent practicable, at no addi- et seq.), Air Carrier Access Act of 1986 (100 tional cost. Stat. 1080; Public Law 99–435), or Americans been a rescheduling, or for a flight not taken by the passenger. SEC. 3114. CONSUMER COMPLAINT PROCESS IM- with Disabilities Act of 1990 (42 U.S.C. 12101 PROVEMENT. SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS. et seq.), that improve infrastructure and (a) IN GENERAL.—Section 42302 is amend- communications, such as with regard to (a) IN GENERAL.—Not later than 1 year ed— wayfinding, amenities, and passenger care. after the date of enactment of this Act, the (1) by redesignating subsections (b) and (c) SEC. 3107. EXTENSION OF ADVISORY COMMITTEE Secretary of Transportation shall issue final as subsections (c) and (d), respectively; FOR AVIATION CONSUMER PROTEC- regulations requiring— (2) by inserting after subsection (a), the TION. (1) each covered air carrier to disclose to a following: (a) TERMINATION.—Section 411(h) of the consumer the baggage fee, cancellation fee, ‘‘(b) POINT OF SALE.—Each air carrier, for- FAA Modernization and Reform Act of 2012 change fee, ticketing fee, and seat selection eign air carrier, and ticket agent shall in- (Public Law 112–95; 49 U.S.C. 42301 prec. note) fee of that covered air carrier in a standard- form each consumer of a carrier service, at is amended by striking ‘‘July 15, 2016’’ and ized format; and the point of sale, that the consumer can file inserting ‘‘September 30, 2017’’. (2) notwithstanding the manner in which a complaint about that service with the car- (b) FINANCIAL DISCLOSURE.—Section 411 of information regarding the fees described in rier and with the Aviation Consumer Protec- the FAA Modernization and Reform Act of paragraph (1) is collected, each ticket agent tion Division of the Department of Transpor- 2012 (Public Law 112–95; 49 U.S.C. 42301 prec. to disclose to a consumer such fees of a cov- tation.’’; note) is further amended— ered air carrier in the standardized format (3) by amending subsection (c), as redesig- (1) by redesignating subsection (h) as sub- described in paragraph (1). nated, to read as follows: section (i); and (b) REQUIREMENTS.—The regulations under ‘‘(c) INTERNET WEB SITE OR OTHER ONLINE (2) by inserting before subsection (i), the subsection (a) shall require that each disclo- SERVICE NOTICE.—Each air carrier and for- following: sure— eign air carrier shall include on its Internet ‘‘(h) CONFLICT OF INTEREST DISCLOSURE.— (1) if ticketing is done on an Internet Web Web site, any related mobile device applica- Beginning on the date of enactment of the site or other online service— tion, and online service— Federal Aviation Administration Reauthor- (A) be prominently displayed to the con- ‘‘(1) the hotline telephone number estab- ization Act of 2016, each member of the advi- sumer prior to the point of purchase; and lished under subsection (a) or for the Avia- sory committee who is not a government em- (B) set forth the fees described in sub- tion Consumer Protection Division of the ployee shall disclose, on an annual basis, any section (a)(1) in clear and plain language and Department of Transportation; potential conflicts of interest, including fi- a font of easily readable size; and ‘‘(2) an active link and the email address, nancial conflicts of interest, to the Sec- (2) if ticketing is done on the telephone, be telephone number, and mailing address of retary in such form and manner as pre- expressly stated to the consumer during the the air carrier or foreign air carrier, as appli- scribed by the Secretary.’’. telephone call and prior to the point of pur- cable, for a consumer to submit a complaint (c) RECOMMENDATIONS.—Section 411(g) of chase. to the carrier about the quality of service; the FAA Modernization and Reform Act of SEC. 3112. SEAT ASSIGNMENTS. ‘‘(3) notice that the consumer can file a 2012 (Public Law 112–95; 49 U.S.C. 42301 prec. (a) IN GENERAL.—Not later than 15 months complaint with the Aviation Consumer Pro- note) is amended— after the date of enactment of this Act, the tection Division of the Department of Trans- (1) by striking ‘‘of the first 2 calendar Secretary of Transportation shall complete portation; years beginning after the date of enactment such actions as may be necessary to require ‘‘(4) an active link to the Internet Web site of this Act’’ and inserting ‘‘calendar year’’; each covered air carrier and ticket agent to of the Aviation Consumer Protection Divi- and disclose to a consumer that seat selection for sion of the Department of Transportation for (2) by inserting ‘‘and post on the Depart- which a fee is charged is an optional service, a consumer to file a complaint; and ment of Transportation Web site’’ after and that if a consumer does not pay for a ‘‘(5) the active link described in paragraph ‘‘Congress’’. seat assignment, a seat will be assigned to (2) on the same Internet Web site page as the SEC. 3108. EXTENSION OF COMPETITIVE ACCESS the consumer from available inventory at active link described in paragraph (4).’’; and REPORTS. the time the consumer checks in for the (4) in subsection (d), as redesignated— Section 47107(r)(3) is amended by striking flight or prior to departure. (A) in the matter preceding paragraph (1), ‘‘July 16, 2016’’ and inserting ‘‘October 1, (b) REQUIREMENTS.—The disclosure under by striking ‘‘An air carrier or foreign air car- 2017’’. subsection (a) shall— rier providing scheduled air transportation SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. (1) if ticketing is done on an Internet Web using any aircraft that as originally de- (a) IN GENERAL.—Not later than 1 year site or other online service, be prominently signed has a passenger capacity of 30 or more after the date of enactment of this Act, the displayed to the consumer on that Internet passenger seats’’ and inserting ‘‘Each air Secretary of Transportation shall issue final Web site or online service during the selec- carrier and foreign air carrier’’;

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(B) in paragraph (1), by striking ‘‘air car- SEC. 3117. TRAINING POLICIES REGARDING AS- (1) IN GENERAL.—Not later than February 1 rier’’ and inserting ‘‘carrier’’; and SISTANCE FOR PERSONS WITH DIS- of each year, the Advisory Committee shall (C) in paragraph (2), by striking ‘‘air car- ABILITIES. submit to the Secretary of Transportation a rier’’ and inserting ‘‘carrier’’. (a) IN GENERAL.—Not later than 270 days report on the needs of passengers with dis- after the date of enactment of this Act, the abilities in air travel, including— (b) RULEMAKING.—Not later than 1 year Comptroller General of the United States after the date of enactment of this Act, the (A) an assessment of disability-related ac- shall submit to Congress a report describ- cess barriers, both those that were evident in Secretary of Transportation shall promul- ing— gate regulations to implement the require- the preceding year and those that will likely (1) each air carrier’s training policy for its be an issue in the next 5 years; ments of section 42302 of title 49, United personnel and contractors regarding assist- States Code, as amended. (B) an evaluation of the extent to which ance for persons with disabilities, as required the Department of Transportation’s pro- SEC. 3115. ONLINE ACCESS TO AVIATION CON- by Department of Transportation regula- grams and activities are eliminating dis- SUMER PROTECTION INFORMATION. tions; ability-related access barriers; (2) any variations among the air carriers in (a) INTERNET WEB SITE.—Not later than 180 (C) a description of the Advisory Commit- the policies described in paragraph (1); days after the date of enactment of this Act, tee’s actions during the prior calendar year; (3) how the training policies are imple- the Secretary of Transportation shall— (D) a description of activities that the Ad- mented to meet the Department of Transpor- (1) complete an evaluation of the aviation visory Committee proposed to undertake in tation regulations; consumer protection portion of the Depart- the succeeding calendar year; and (4) how frequently an air carrier must ment of Transportation’s public Internet (E) any recommendations for legislation, train new employees and contractors due to Web site to identify any changes to the user administrative action, or other action that turnover in positions that require such interface that will improve usability, acces- the Advisory Committee considers appro- training; sibility, consumer satisfaction, and Web site priate. (5) how frequently, in the prior 10 years, performance; (2) REPORT TO CONGRESS.—Not later than 60 the Department of Transportation has re- (2) in completing the evaluation under days after the date the Secretary receives quested, after reviewing a training policy, paragraph (1)— the report under subparagraph (A), the Sec- that an air carrier take corrective action; (A) consider the best practices of other retary shall submit to Congress a copy of the and Federal agencies with effective Web sites; report, including any additional findings or (6) the action taken by an air carrier under and recommendations that the Secretary con- paragraph (5). (B) consult with the Federal Web Managers siders appropriate. (b) BEST PRACTICES.—After the date the re- Council; (g) TERMINATION.—The Advisory Com- port is submitted under subsection (a), the (3) develop a plan, including an implemen- mittee shall terminate 2 years after the date Secretary of Transportation, based on the tation timeline, for— of enactment of this Act. findings of the report, shall develop and dis- (A) making the changes identified under SEC. 3119. REPORT ON COVERED AIR CARRIER seminate to air carriers such best practices paragraph (1); and CHANGE, CANCELLATION, AND BAG- as the Secretary considers necessary to im- (B) making any necessary changes to that GAGE FEES. prove the training policies. (a) IN GENERAL.—The Comptroller General portion of the Web site that will enable a of the United States shall conduct a study of consumer— SEC. 3118. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF PASSENGERS existing airline industry change, cancella- (i) to access information regarding each WITH DISABILITIES. tion, and bag fees and the current industry complaint filed with the Aviation Consumer (a) ESTABLISHMENT.—The Secretary of practice for handling changes to or cancella- Protection Division of the Department of Transportation shall establish an advisory tion of ticketed travel on covered air car- Transportation; committee for the air travel needs of pas- riers. (ii) to search the complaints described in sengers with disabilities (referred to in this (b) CONSIDERATIONS.—In conducting the clause (i) by the name of the air carrier, the section as the ‘‘Advisory Committee’’). study, the Comptroller General shall con- dates of departure and arrival, the airports (b) DUTIES.—The Advisory Committee shall sider, at a minimum— of origin and departure, and the type of com- advise the Secretary with regard to the im- (1) whether and how each covered air car- plaint; and plementation of the Air Carrier Access Act rier calculates its change fees, cancellation (iii) to determine the date a complaint was of 1986 (Public Law 99–435; 100 Stat. 1080), in- fees, and bag fees; and filed and the date a complaint was resolved; cluding— (2) the relationship between the cost of the and (1) assessing the disability-related access ticket and the date of change or cancellation (4) submit the evaluation and plan to ap- barriers encountered by passengers with dis- as compared to the date of travel. propriate committees of Congress. abilities; (c) REPORT.—Not later than 1 year after (b) MOBILE APPLICATION SOFTWARE.—Not (2) determining the extent to which the the date of enactment of this Act, the Comp- later than 1 year after the date of enactment programs and activities of the Department of troller General shall submit to the appro- of this Act, the Secretary of Transportation Transportation are addressing the barriers priate committees of Congress a report on shall— described in paragraph (1); the study, including the Comptroller Gen- (1) implement a program to develop appli- (3) recommending improvements to the air eral’s findings, conclusions, and rec- cation software for wireless devices that will travel experience of passengers with disabil- ommendations. enable a user to access information and per- ities; and SEC. 3120. ENFORCEMENT OF AVIATION CON- form activities related to aviation consumer (4) such activities as the Secretary con- SUMER PROTECTION RULES. protection, such as— siders necessary to carry out this section. (a) IN GENERAL.—The Comptroller General (A) information regarding airline pas- (c) MEMBERSHIP.— of the United States shall conduct a study to senger protections, including protections re- (1) IN GENERAL.—The Advisory Committee consider and evaluate Department of Trans- lated to lost baggage and baggage fees, dis- shall be comprised of at least 1 representa- portation enforcement of aviation consumer closure of additional fees, bumping, can- tive of each of the following groups: protection rules. celled or delayed flights, damaged or lost (A) Passengers with disabilities. (b) CONTENTS.—The study under subsection baggage, and tarmac delays; and (B) National disability organizations. (a) shall include an evaluation of— (B) file an aviation consumer complaint, (C) Air carriers. (1) available enforcement mechanisms; including a safety and security, airline serv- (D) Airport operators. (2) any obstacles to enforcement; and ice, disability and discrimination, or privacy (E) Contractor service providers. (3) trends in Department of Transportation complaint, with the Aviation Consumer Pro- (2) APPOINTMENT.—The Secretary of Trans- enforcement actions. tection Division of the Department of Trans- portation shall appoint each member of the (c) REPORT.—Not later than 1 year after portation; and Advisory Committee. the date of enactment of this Act, the Comp- (2) make the application software available (3) VACANCIES.—A vacancy in the Advisory troller General shall submit to the appro- to the public at no cost. Committee shall be filled in the manner in priate committees of Congress a report on which the original appointment was made. the study, including the Comptroller Gen- SEC. 3116. STUDY ON IN CABIN WHEELCHAIR RE- (d) CHAIRPERSON.—The Secretary of Trans- eral’s findings, conclusions, and rec- STRAINT SYSTEMS. portation shall designate, from among the ommendations. Not later than 2 years after the date of en- members appointed under subsection (c), an SEC. 3121. DIMENSIONS FOR PASSENGER SEATS. actment of this Act, the Architectural and individual to serve as chairperson of the Ad- (a) IN GENERAL.—Not later than 18 months Transportation Barriers Compliance Board, visory Committee. after the date of enactment of this Act, the in consultation with the Secretary of Trans- (e) TRAVEL EXPENSES.—Members of the ad- Secretary of Transportation shall initiate a portation, shall conduct a study to deter- visory committee shall serve without pay, proceeding to study the minimum seat pitch mine the ways in which particular individ- but shall receive travel expenses, including for passenger seats on aircraft operated by uals with significant disabilities who use per diem in lieu of subsistence, in accordance air carriers (as defined in section 40102 of wheelchairs, including power wheelchairs, with subchapter I of chapter 57 of title 5, title 49, United States Code). can be accommodated through in cabin United States Code. (b) CONSIDERATIONS.—In reviewing any wheelchair restraint systems. (f) REPORTS.— minimum seat pitch under subsection (a),

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1967 the Secretary shall consider the safety of (1) in paragraph (2), by striking subsections (a) through (c) of section 41734. A passengers, including passengers with dis- ‘‘$150,000,000’’ and all that follows though waiver issued under this subsection shall re- abilities. ‘‘July 15, 2016’’ and inserting ‘‘$155,000,000 for main in effect for a limited period of time, as SEC. 3122. CELL PHONE VOICE COMMUNICA- each of fiscal years 2016 through 2017’’; and determined by the Secretary.’’. TIONS. (2) by striking paragraph (3). SEC. 3205. WORKING GROUP ON IMPROVING AIR (a) IN GENERAL.—Subchapter I of chapter (b) DEFINITIONS.—Section 41731(a)(1)(A) is SERVICE TO SMALL COMMUNITIES. 417, as amended by section 2307 of this Act, is amended by striking clause (ii) and inserting (a) IN GENERAL.—Not later than 120 days further amended by adding at the end the the following: after the date of enactment of this Act, the following: ‘‘(ii) was determined, on or after October 1, Secretary of Transportation and the Admin- istrator of the Federal Aviation Administra- ‘‘§ 41726. Cell phone voice communications 1988, and before December 1, 2012, under this subchapter by the Secretary of Transpor- tion shall establish a working group— ‘‘(a) PROHIBITION AUTHORITY.—The Sec- tation to be eligible to receive subsidized (1) to identify obstacles to attracting and retary of Transportation may issue regula- small community air service under section maintaining air transportation service to tions— 41736(a);’’. and from small communities; and ‘‘(1) to prohibit an individual on an aircraft (c) SEASONAL SERVICE.—The Secretary of (2) to develop recommendations for main- from engaging in voice communications Transportation may consider the flexibility taining and improving air transportation using a mobile communications device dur- of current operational dates and airport ac- service to and from small communities. ing a flight of that aircraft in scheduled pas- cessibility to meet local community needs (b) OUTREACH.—In carrying out the require- senger interstate or intrastate air transpor- when issuing requests for proposal of essen- ments under paragraphs (1) and (2) of sub- tation; and tial air service at seasonal airports. section (a), the working group shall consult ‘‘(2) that exempt from the prohibition de- with— scribed in paragraph (1)— SEC. 3202. SMALL COMMUNITY AIR SERVICE DE- VELOPMENT PROGRAM. (1) interested Governors; ‘‘(A) any member of the flight crew on (2) representatives of State and local agen- (a) EXTENSION OF AUTHORIZATION.—Section duty on an aircraft; 41743(e)(2) is amended to read as follows: cies, and other officials and groups, rep- ‘‘(B) any flight attendant on duty on an resenting rural States and other rural areas; ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— aircraft; and There is authorized to be appropriated to the (3) other representatives of relevant State ‘‘(C) any Federal law enforcement officer Secretary $10,000,000 for each of fiscal years and local agencies; and acting in an official capacity. 2016 through 2017 to carry out this section. (4) members of the public with experience ‘‘(b) DEFINITIONS.—In this section: Such sums shall remain available until ex- in aviation safety, pilot training, economic ‘‘(1) FLIGHT.—The term ‘flight’ means, with pended.’’. development, and related issues. respect to an aircraft, the period beginning (c) CONSIDERATIONS.—In carrying out the (b) ELIGIBILITY.—Section 41743(c)(1) is when the aircraft takes off and ending when requirements under paragraphs (1) and (2) of amended to read as follows: the aircraft lands. subsection (a), the working group shall— ‘‘(1) SIZE.—On the date of the most recent ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— (1) consider whether funding for, and terms notice of order soliciting community pro- ‘‘(A) IN GENERAL.—The term ‘mobile com- of, current or potential new programs is suf- posals issued by the Secretary under this munications device’ means any portable ficient to help ensure continuation of or im- section, the airport serving the community wireless telecommunications equipment uti- provement to air transportation service to or consortium— lized for the transmission or reception of small communities, including the Essential ‘‘(A) was not larger than a small hub air- voice data. Air Service Program and the Small Commu- port, as determined using the Department of ‘‘(B) LIMITATION.—The term ‘mobile com- nity Air Service Development Program; Transportation’s most recent published clas- munications device’ does not include a phone (2) identify initiatives to help support pilot sification; and installed on an aircraft.’’. training to provide air transportation serv- ‘‘(B)(i) had insufficient air carrier service; (b) TABLE OF CONTENTS.—The table of con- ice to small communities; or tents at the beginning of chapter 417, as (3) consider whether Federal funding for ‘‘(ii) had unreasonably high air fares.’’. amended by section 2307 of this Act, is fur- airports serving small communities, includ- ther amended by inserting after the item re- SEC. 3203. SMALL COMMUNITY PROGRAM AMEND- ing airports that have lost air transportation MENTS. lating to section 41725 the following: services or had decreased enplanements in (a) IN GENERAL.—Section 41743(c)(4) is ‘‘41726. Cell phone voice communications.’’. recent years, is adequate to ensure that amended— small communities have access to quality, SEC. 3123. AVAILABILITY OF SLOTS FOR NEW EN- (1) by inserting ‘‘(B) SAME PROJECTS.—’’ be- TRANT AIR CARRIERS AT NEWARK affordable air transportation service; fore the second sentence and indenting ap- (4) consider potential improvements in LIBERTY INTERNATIONAL AIRPORT. propriately; (a) DEFINITIONS.—The terms ‘‘new entrant pilot training and any constraints affecting (2) by inserting ‘‘(A) IN GENERAL.—’’ before pilot career pathways that, if addressed, air carrier’’ and ‘‘slot’’ have the meanings the first sentence and indenting appro- given those terms in section 41714(h) of title would increase both aviation safety and pilot priately; supply; 49, United States Code. (3) in subparagraph (B), as designated by (b) SLOTS FOR NEW ENTRANT AIR CAR- (5) identify innovative State or local ef- this subsection, by striking ‘‘No commu- forts that have established public-private RIERS.—The Secretary shall, annually, by nity’’ and inserting ‘‘Except as provided in granting exemptions from the requirements partnerships that are successful in attract- subparagraph (C)’’; and ing and retaining air transportation service under part 93 of title 14, Code of Federal Reg- (4) by adding at the end the following: ulations, or by other means, make not less in small communities; and ‘‘(C) EXCEPTION.—The Secretary may waive than 8 slots at Newark Liberty International (6) consider such other issues as the Sec- the limitation under subparagraph (B) re- retary and Administrator consider appro- Airport available to enable new entrant air lated to projects that are the same if the carriers to provide air transportation. priate. Secretary determines that the community or (d) COMPOSITION.— (c) APPLICABILITY.—Subsection (a) shall consortium spent little or no money on its not apply in any year— (1) IN GENERAL.—The working group shall previous project or encountered industry or be facilitated through the Administrator or (1) new entrant air carriers operate 5 per- environmental challenges, due to cir- cent or more of the total number of slots at the Administrator’s designee. cumstances that were reasonably beyond the (2) MEMBERSHIP.—Members of the working Newark Liberty International Airport; or control of the community or consortium.’’. (2) the Secretary makes a determination group shall be appointed by the Adminis- (b) AUTHORITY TO MAKE AGREEMENTS.—Sec- trator and shall include representatives of— that making slots available to enable new tion 41743(e)(1) is amended by adding at the entrant air carriers to provide air transpor- (A) State and local government, including end the following: ‘‘The Secretary may State and local aviation officials; tation at that airport is not in the public in- amend the scope of a grant agreement at the terest and doing so would significantly in- (B) State Governors; request of the community or consortium and (C) aviation safety experts; crease operational delays. any participating air carrier, and may limit (d) REPORT TO CONGRESS.—The Secretary (D) economic development officials; and the scope of a grant agreement to only the (E) the traveling public from small com- shall notify the Committee on Commerce, elements using grant assistance or to only Science, and Transportation of the Senate munities. the elements achieved, if the Secretary de- (e) REPORT AND RECOMMENDATIONS.—Not and the Committee on Transportation and termines that the amendment is reasonably Infrastructure of the House of Representa- later than 1 year after the date of enactment consistent with the original purpose of the of this Act, the Secretary and the Adminis- tives not later than 14 calendar days after project.’’. the date a determination is made under sub- trator shall submit to the appropriate com- section (c)(2), including the reasons for that SEC. 3204. WAIVERS. mittees of Congress a report, including— determination. Section 41732 is amended by adding at the (1) a summary of the views expressed by end the following: the participants in the outreach under sub- Subtitle B—Essential Air Service ‘‘(c) WAIVERS.—Notwithstanding section section (b); SEC. 3201. ESSENTIAL AIR SERVICE. 41733(e), upon request by an eligible place, (2) a description of the working group’s (a) AUTHORIZATION EXTENSION.—Section the Secretary may waive, in whole or in findings, including the identification of any 41742(a) is amended— part, subsections (a) and (b) of this section or areas of general consensus among the non-

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1968 CONGRESSIONAL RECORD — SENATE April 12, 2016 Federal participants in the outreach under (1) ensure the capability of the Administra- of Aviation Reauthorization Act (Public Law subsection (b); and tion to receive space-based ADS-B data; and 108–176; 49 U.S.C. 40101 note).’’. (3) any recommendations for legislative or (2) use the data described under paragraph SEC. 4104. FACILITY OUTAGE CONTINGENCY regulatory action that would assist in main- (1) to provide positive air traffic control, in- PLANS. taining and improving air transportation cluding separation of aircraft over the (a) FINDINGS.—Congress makes the fol- service to and from small communities. oceans and other specific regions not covered lowing findings: TITLE IV—NEXTGEN AND FAA by radar. (1) On September 26, 2014, an Administra- ORGANIZATION (b) REPORT.—Not later than 6 months after tion contract employee deliberately started the date of enactment of this Act, and bian- a fire that destroyed critical equipment at SEC. 4001. DEFINITIONS. nually thereafter until the date that the Ad- the Administration’s Chicago Air Route In this title: ministrator certifies that the Administra- Traffic Control Center (referred to in this (1) ADMINISTRATION.—The term ‘‘Adminis- tion has the capability to receive space- section as the ‘‘Chicago Center’’) in Aurora, tration’’ means the Federal Aviation Admin- based ADS–B data, the Administrator shall Illinois. istration. submit to the appropriate committees of (2) As a result of the damage, Chicago Cen- (2) ADMINISTRATOR.—The term ‘‘Adminis- Congress a report that— ter was unable to control air traffic for more trator’’ means the Administrator of the Fed- (1) details the actions the Administrator than 2 weeks, thousands of flights were de- eral Aviation Administration. has taken to ensure 2018 readiness and usage; layed or cancelled into and out of O’Hare (3) ADS–B.—The term ‘‘ADS–B’’ means (2) details the actions that remain to be International Airport and Midway Airport in automatic dependent surveillance-broadcast. taken to implement such capability; Chicago, and aviation stakeholders and air- (4) ADS–B OUT.—The term ‘‘ADS–B Out’’ (3) includes a schedule for expected com- lines reportedly lost over $350,000,000. means automatic dependent surveillance- pletion of each outstanding action described (3) According to the Office of the Inspector broadcast with the ability to transmit infor- in paragraph (2); and General of the Department of Transpor- mation from the aircraft to ground stations (4) includes a detailed description of the in- tation, the fire at Chicago Center dem- and to other equipped aircraft. vestment decisions and requests for funding onstrated that the Administration’s contin- (5) NEXTGEN.—The term ‘‘NextGen’’ means made by the Administrator that are con- gency plans for the Chicago Center and the the Next Generation Air Transportation Sys- sistent with the terrestrial ADS–B imple- airspace it controls do not ensure redun- tem. mentation to ensure a sustained program be- dancy and resiliency for sustained oper- Subtitle A—Next Generation Air yond 2018. ations. Transportation System SEC. 4103. NEXTGEN ANNUAL PERFORMANCE (4) Further, the Inspector General found SEC. 4101. RETURN ON INVESTMENT ASSESS- GOALS. that Chicago Center incident highlighted the MENT. (a) ANNUAL PERFORMANCE GOALS.—Section limited flexibility and lack of resiliency in (a) IN GENERAL.—Not later than 1 year 214 of the FAA Modernization and Reform critical elements of the Administration’s after the date of enactment of this Act, the Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 current air traffic control infrastructure, in- Administrator shall submit to the appro- note) is amended— cluding limited communication capacity and priate committees of Congress a report on (1) by redesignating subsection (d) as sub- the inability to easily transfer control of air- the Administrator’s assessment of each section (e); and space and flight plans. NextGen program. (2) by inserting after subsection (c) the fol- (b) COMPREHENSIVE CONTINGENCY PLAN.— (b) CONTENTS.—The report under sub- lowing: Not later than 180 days after the date of en- section (a) shall include— ‘‘(d) ANNUAL PERFORMANCE GOALS.—The actment of this Act, the Administrator shall (1) an estimate of the date that each Administrator shall establish annual update the Administration’s comprehensive NextGen program will have a positive return NextGen performance goals for each of the contingency plan to address potential air on investment; performance metrics set forth in subsection traffic facility outages that could have a (2) an assessment of the impacts of each (a) to meet the performance metric baselines major impact on operation of the national such program for— identified under subsection (b). Such goals airspace system. (A) the Federal Government; and shall be consistent with the annual perform- (c) REPORT.—Not later than 60 days after (B) the users of the national airspace sys- ance objectives established by the senior pol- the date the plan is updated under sub- tem; icy committee (commonly known as the section (b), the Administrator shall submit (3) a description of how each such program ‘NextGen Advisory Committee’) established to the appropriate committees of Congress a directly contributes to a more safe and effi- under section 710 of the Vision 100—Century report on the update, including any rec- cient air traffic control system; and of Aviation Reauthorization Act (Public Law ommendations for ensuring air traffic facil- (4) the status of NextGen programs and of 108–176; 49 U.S.C. 40101 note).’’. ity outages do not have a major impact on the projected return on investment for each (b) NEXTGEN METRICS REPORT.—Section operation of the national airspace system. such program. 710(e)(2) of the Vision 100—Century of Avia- SEC. 4105. ADS–B MANDATE ASSESSMENT. (c) NEXTGEN PRIORITY LIST.—Based on the tion Reauthorization Act (Public Law 108– (a) FINDINGS.—Congress makes the fol- assessment under subsection (a) the Admin- 176; 49 U.S.C. 40101 note) is amended— lowing findings: istrator shall— (1) in subparagraph (D), by striking ‘‘; and’’ (1) The Administration’s ADS–B program (1) develop, in coordination with the and inserting a semicolon; is expected to be the centerpiece of the NextGen Advisory Committee and consid- (2) in subparagraph (E), by striking the pe- NextGen effort at the Administration, but ering the need for a balance between long- riod at the end and inserting ‘‘; and’’; and the satellite-based system faces uncertainty term and near-term user benefits, a (3) by adding at the end the following: and controversy. prioritization of each NextGen program; ‘‘(F) a description of the progress made in (2) In May 2010, the Administration pub- (2) include the priority list in the report meeting the annual NextGen performance lished a final rule that mandated airspace under subsection (b); and goals relative to the performance metrics es- users be equipped with ADS–B Out avionics (3) prepare budget submissions to reflect tablished under section 214 of the FAA Mod- by January 1, 2020. the current status of NextGen programs and ernization and Reform Act of 2012 (Public (3) Subsequently, in April 2015, the Admin- projected returns on investment for each Law 112–95; 49 U.S.C. 40101 note).’’. istration announced completion of the ADS– program. (c) CHIEF NEXTGEN OFFICER.—Section B ground-based radio infrastructure. How- (d) DEFINITIONS.—In this section: 106(s)(3) is amended— ever, the ADS–B program faces considerable (1) KEY MILESTONES.—The term ‘‘key mile- (1) in paragraph (2)(B), by adding at the uncertainty and unanswered questions about stones’’ includes cost and deployment sched- end the following: ‘‘In evaluating the per- whether or not the 2020 mandate is still ule, and benefits anticipated in the most re- formance of the Chief NextGen Officer for meaningful. cent baseline. the purpose of awarding a bonus under this (4) In 2014, the Office of the Inspector Gen- (2) RETURN ON INVESTMENT.—The term ‘‘re- subparagraph, the Administrator shall con- eral found that while ADS–B is providing turn on investment’’ means the cost associ- sider the progress toward meeting the benefits where radar is limited or non- ated with technologies that are required by NextGen performance goals established pur- existent in places such as the Gulf of Mexico, law or policy as compared to the benefits de- suant to section 214(d) of the FAA Mod- the system is providing only limited initial rived from such technologies by a govern- ernization and Reform Act of 2012 (Public services to pilots and air traffic controllers ment or a user of airspace. Law 112–95; 49 U.S.C. 40101 note).’’; and in domestic airspace. (e) REPEAL OF NEXTGEN PRIORITIES.—Sec- (2) in paragraph (3), by adding at the end (5) The Office of the Inspector General also tion 202 of the FAA Modernization and Re- the following: ‘‘The annual performance found, in 2014, that all elements of the sys- form Act of 2012 (Public Law 112–95; 49 U.S.C. goals set forth in the agreement shall in- tem, such as avionics, the ground infrastruc- 40101 note) and the item relating to that sec- clude quantifiable NextGen airspace per- ture, and controller automation systems, tion in the table of contents under section formance objectives regarding efficiency, had not yet been tested in combination to 1(b) of that Act are repealed. productivity, capacity, and safety, which determine if the overall system can be used SEC. 4102. ENSURING FAA READINESS TO USE shall be established by the senior policy in congested airspace and perform as well as NEW TECHNOLOGY. committee (commonly known as the existing radar, much less allow aircraft to (a) IN GENERAL.—Not later than December ‘NextGen Advisory Committee’) established fly closer together. This is referred to as 31, 2017, the Administrator shall— under section 710 of the Vision 100—Century ‘‘end-to-end testing.’’

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HUMAN FACTORS. cial and general aviation stakeholders voiced ensuring timely inclusion of appropriate (a) IN GENERAL.—In order to avoid having serious concerns that equipping with new stakeholders, including airport representa- to subsequently modify products and serv- avionics for the 2020 mandate will be dif- tives, in the planning and implementation of ices developed as a part of NextGen, the Ad- ficult due to the cost and limited avail- NextGen improvement efforts; and ministrator shall— ability of avionics, and capacity of certified (4) assure that NextGen planning docu- (1) recognize and incorporate, in early de- repair stations to install avionics. ments provide stakeholders information on sign phases of all relevant NextGen pro- (b) ASSESSMENT.—Not later than 1 year how and when operational improvements are grams, the human factors and procedural after the date of enactment of this Act, the expected to achieve NextGen goals and tar- and airspace implications of stated goals and Inspector General of the Department of gets. associated technical changes; and Transportation shall assess— (b) REPORT.—Not later than 1 year after (2) ensure that a human factors specialist, (1) Administration and industry readiness the date of enactment of this Act, the Ad- separate from the research and certification to meet the ADS–B mandate by 2020; ministrator shall submit to the appropriate groups, is directly involved with the (2) changes to ADS–B program since May committees of Congress a report on the NextGen approval process. 2010; and progress made toward implementing the re- (b) REPORT.—Not later than 1 year after (3) additional options to comply with the quirements of subsection (a), and on the the date of enactment of this Act, the Ad- mandate and consequences, both for indi- schedule and process that will be used to im- ministrator shall submit to the appropriate vidual system users and for the overall safe- plement PBN at additional airports, includ- committees of Congress a report on the ty and efficiency of the national airspace ing information on how the Administration progress made toward implementing the re- system, for noncompliance. will partner and coordinate with private in- quirements under subsection (a). (c) REPORT.—Not later than 60 days after dustry to ensure expeditious implementation SEC. 4113. MAJOR ACQUISITION REPORTS. the date the assessment under subsection (b) of performance based navigation. (a) IN GENERAL.—The Administrator shall is complete, the Inspector General of the De- SEC. 4109. CYBERSECURITY. evaluate the current acquisition practices of partment of Transportation shall submit to (a) IN GENERAL.—The Administrator the Administration to ensure that such prac- the appropriate committees of Congress a re- shall— tices— port on the progress made toward meeting (1) identify and implement ways to better (1) identify the current estimated costs for the ADS–B mandate by 2020, including any incorporate cybersecurity measures as a sys- each acquisition system, including all seg- recommendations of the Inspector General to tems characteristic at all levels and phases ments; carry out such mandate. of the architecture and design of air traffic (2) separately identify cumulative amounts SEC. 4106. NEXTGEN INTEROPERABILITY. control programs, including NextGen pro- for acquisition costs, technical refresh, and (a) IN GENERAL.—To implement a more ef- grams; other enhancements in order to identify the fective international strategy for achieving (2) develop a threat model that will iden- total baselined and re-baselined costs for NextGen interoperability with foreign coun- tify vulnerabilities to better focus resources each system; and tries, the Administrator shall take the fol- to mitigate cybersecurity risks; (3) account for the way funds are being lowing actions: (3) develop an appropriate plan to mitigate used when reporting to managers, Congress, (1) Conduct a gap analysis to identify po- cybersecurity risk, to respond to an attack, and other stakeholders. tential risks to NextGen interoperability intrusion, or otherwise unauthorized access (b) REPORT.—Not later than 1 year after with other Air Navigation Service Providers and to adapt to evolving cybersecurity the date of enactment of this Act, the Ad- and establish a schedule for periodically re- threats; and ministrator shall submit to the appropriate evaluating such risks. (4) foster a cybersecurity culture through- committees of Congress a report on the (2) Develop a plan that identifies and docu- out the Administration, including air traffic progress made toward implementing the re- ments actions the Administrator will under- control programs and relevant contractors. quirements under subsection (a). (b) REPORT.—Not later than 1 year after take to mitigate such risks, using informa- SEC. 4114. EQUIPAGE MANDATES. tion from the gap analysis as a basis for the date of enactment of this Act, the Ad- (a) IN GENERAL.—Before NextGen-related ministrator shall submit to the appropriate making management decisions about how to equipage mandates are imposed on users of committees of Congress a report on the allocate resources for such actions. the national airspace system, the Adminis- (b) REPORT.—Not later than 1 year after progress made toward implementing the re- trator, in collaboration with all relevant the date of enactment of this Act, the Ad- quirements under subsection (a). stakeholders, shall— ministrator shall submit to the appropriate SEC. 4110. SECURING AIRCRAFT AVIONICS SYS- (1) provide a statement of estimated cost committees of Congress a report on the anal- TEMS. and benefits that is based upon mature and ysis conducted under paragraph (1) of sub- (a) IN GENERAL.—The Administrator of the section (a) and on the actions the Adminis- Federal Aviation Administration shall con- stable technical specifications; and trator has taken under paragraph (2) of such sider revising Federal Aviation Administra- (2) create a schedule for Administration subsection. tion regulations regarding airworthiness cer- deliverables and investments by both users and the Administration, including for proce- SEC. 4107. NEXTGEN TRANSITION MANAGEMENT. tification— dure and airspace design, infrastructure de- (a) IN GENERAL.—The Administrator (1) to address cybersecurity for avionics ployment, and training. shall— systems, including software components; and (1) identify and analyze technical and oper- (2) to require that aircraft avionics sys- SEC. 4115. WORKFORCE. ational maturity gaps in NextGen transition tems used for flight guidance or aircraft con- (a) IN GENERAL.—Not later than 1 year and implementation plans; and trol be secured against unauthorized access after the date of enactment of this Act, the (2) develop a plan to mitigate the gaps via passenger in-flight entertainment sys- Administrator shall— identified in paragraph (1). tems through such means as the Adminis- (1) identify and assess barriers to attract- (b) REPORT.—Not later than 1 year after trator determines appropriate to protect the ing, developing, training, and retaining a tal- the date of enactment of this Act, the Ad- avionics systems from unauthorized external ented workforce in the areas of systems engi- ministrator shall submit to the appropriate and internal access. neering, architecture, systems integration, committees of Congress a report on the ac- (b) CONSIDERATION.—The Administrator’s digital communications, and cybersecurity; tions taken to carry out the plan required by consideration and any action taken under (2) develop a comprehensive plan to at- subsection (a)(2). subsection (a) shall be in accordance with tract, develop, train, and retain talented in- SEC. 4108. IMPLEMENTATION OF NEXTGEN OPER- the recommendations of the Aircraft Sys- dividuals; and ATIONAL IMPROVEMENTS. tems Information Security Protection Work- (3) identify the resources needed to attract, (a) IN GENERAL.—To help ensure that ing Group under section 5029(d) of this Act. develop, and retain this talent. NextGen operational improvements are fully SEC. 4111. DEFINING NEXTGEN. (b) REPORT.—The Administrator shall sub- implemented in the midterm, the Adminis- Not later than 1 year after the date of en- mit to the appropriate committees of Con- trator shall— actment of this Act, the Comptroller General gress a report on the progress made toward (1) work with airlines and other users of of the United States shall— implementing the requirements under sub- the national airspace system (referred to in (1) assess how the line items included in section (a). this section as ‘‘NAS’’) to develop and imple- the Administration’s NextGen budget re- SEC. 4116. ARCHITECTURAL LEADERSHIP. ment a system to systematically track the quest relate to the goals and expected out- (a) IN GENERAL.—In order to provide an use of existing performance based navigation comes of NextGen, including how NextGen adequate technical foundation for steering (referred to in this section as ‘‘PBN’’) proce- programs directly contribute to a measur- NextGen’s technical governance and man- dures; ably safer and more efficient air traffic con- aging inevitable changes in technology and (2) require consideration of other key oper- trol system; and operations, the Administrator shall— ational improvements in planning for (2) submit to the appropriate committees (1) develop a plan that— NextGen improvements, including identi- of Congress a report on the results of the as- (A) uses an architecture leadership com- fying additional metroplexes for PBN sessment under paragraph (1), including any munity and an effective governance ap- projects, non-metroplex PBN procedures, as recommendations for the removal of line proach to assure a proper balance between well as the identification of unused flight items that do not pertain to the overall vi- documents and artifacts and to provide high- routes for decommissioning; sion for NextGen. level guidance;

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(B) enables effective management and com- (c) TRANSFER OF BUDGETARY RESOURCES.— ‘‘(B) RECONSIDERATION OF APPLICANTS DIS- munication of dependencies; The Administrator may transfer budgetary QUALIFIED ON THE BASIS OF BIOGRAPHICAL AS- (C) provides flexibility and the ability to resources within the Administration to carry SESSMENTS.— evolve to ensure accommodation of future out subsection (b), except that the transfer ‘‘(i) IN GENERAL.—If an individual described needs; and may only be made to maintain essential em- in subparagraph (A) or subparagraph (B)(i) of (D) communicates changing circumstances ployees. paragraph (1) who applied for the position of in order to align agency and airspace user SEC. 4203. CONTROLLER CANDIDATE INTER- air traffic controller with the Administra- expectations; VIEWS. tion in response to Vacancy Announcement (2) determine the feasibility of conducting (a) IN GENERAL.—Not later than 60 days FAA–AMC–14–ALLSRCE–33537 (issued on a small number of experiments among the after the date of enactment of this Act, the February 10, 2014) and was disqualified from Administration’s system integration part- Administrator shall require that an in-per- the position as the result of a biographical ners to prototype candidate solutions for es- son interview be conducted with each indi- assessment, the Administrator shall provide tablishing and managing a vibrant architec- vidual applying for an air traffic control spe- the applicant an opportunity to reapply as tural community; and cialist position before that individual may soon as practicable for the position under (3) develop a method to initiate, grow, and be hired to fill that position. the revised hiring practices. (b) GUIDANCE.—Not later than 30 days after engage a capable architecture community, ‘‘(ii) WAIVER OF AGE RESTRICTION.—The Ad- the date of enactment of this Act, the Ad- from both within and outside of the Adminis- ministrator shall waive any maximum age ministrator shall establish guidelines re- tration, who will expand the breadth and restriction for the position of air traffic con- garding the in-person interview process de- depth of expertise that is steering architec- troller with the Administration that would scribed in subsection (a). tural changes. otherwise disqualify an individual from the SEC. 4204. HIRING OF AIR TRAFFIC CONTROL- EPORT (b) R .—Not later than 1 year after LERS. position if the individual— the date of enactment of this Act, the Ad- ‘‘(I) is reapplying for the position pursuant (a) IN GENERAL.—Section 44506 is amended ministrator shall submit to the appropriate by adding at the end the following: to clause (i) on or before December 31, 2017; committees of Congress a report on the ‘‘(f) HIRING OF CERTAIN AIR TRAFFIC CON- and progress made toward implementing the re- TROL SPECIALISTS.— ‘‘(II) met the maximum age requirement quirements under subsection (a). ‘‘(1) CONSIDERATION OF APPLICANTS.— on the date of the individual’s previous ap- SEC. 4117. PROGRAMMATIC RISK MANAGEMENT. ‘‘(A) ENSURING SELECTION OF MOST QUALI- plication for the position during the interim (a) IN GENERAL.—To better inform the Ad- FIED APPLICANTS.—In appointing individuals hiring process. ministration’s decisions regarding the to the position of air traffic controllers, the ‘‘(3) MAXIMUM ENTRY AGE FOR EXPERIENCED prioritization of efforts and allocation of re- Administrator shall give preferential consid- CONTROLLERS.—Notwithstanding section 3307 sources for NextGen, the Administrator eration to qualified individuals maintaining of title 5, United States Code, the maximum shall— 52 consecutive weeks of air traffic control limit of age for an original appointment to a (1) solicit input from specialists in prob- experience involving the full-time active sep- position as an air traffic controller shall be ability and statistics to identify and aration of air traffic after receipt of an air 35 years of age for those maintaining 52 prioritize the programmatic and implemen- traffic certification or air traffic control fa- weeks of air traffic control experience in- tation risks to NextGen; and cility rating within 5 years of application volving the full-time active separation of air (2) develop a method to manage and miti- while serving at— traffic after receipt of an air traffic certifi- gate the risks identified in paragraph (1). ‘‘(i) a Federal Aviation Administration air cation or air traffic control facility rating in (b) REPORT.—Not later than 1 year after traffic control facility; a civilian or military air traffic control fa- the date of enactment of this Act, the Ad- ‘‘(ii) a civilian or military air traffic con- cility.’’. ministrator shall submit to the appropriate trol facility of the Department of Defense; or (b) NOTIFICATION OF VACANCIES.—The Ad- committees of Congress a report on the ‘‘(iii) a tower operating under contract ministrator shall consider directly notifying progress made toward implementing the re- with the Federal Aviation Administration secondary schools and institutes of higher quirements under subsection (a). under section 47124 of this title. learning, including Historically Black Col- leges and Universities, Hispanic-serving in- ‘‘(B) CONSIDERATION OF ADDITIONAL APPLI- SEC. 4118. NEXTGEN PRIORITIZATION. stitutions, Minority Institutions, and Tribal CANTS.—The Administrator shall consider The Administrator shall consider expe- Colleges and Universities, of the vacancy an- diting NextGen modernization implementa- additional applicants for the position of air traffic controller by referring an approxi- nouncement under section 44506(f)(1)(B)(ii) of tion projects at public use airports that title 49, United States Code. share airspace with active military training mately equal number of employees for ap- pointment among the 2 applicant pools. The SEC. 4205. COMPUTATION OF BASIC ANNUITY ranges and do not have radar coverage where FOR CERTAIN AIR TRAFFIC CON- such implementation would improve the number of employees referred for consider- TROLLERS. safety of aviation operations. ation from each group shall not differ by (a) IN GENERAL.—Section 8415(f) of title 5, more than 10 percent. Subtitle B—Administration Organization and United States Code, is amended to read as ‘‘(i) POOL ONE.—Applicants who: Employees follows: ‘‘(I) have successfully completed air traffic ‘‘(f) The annuity of an air traffic controller SEC. 4201. COST-SAVING INITIATIVES. controller training and graduated from an or former air traffic controller retiring (a) IN GENERAL.—To ensure that Adminis- institution participating in the Collegiate under section 8412(a) is computed under sub- tration initiatives are being implemented in Training Initiative program maintained section (a), except that if the individual has a timely and fiscally responsible manner, the under subsection (c)(1) who have received at least 5 years of service in any combina- Administrator shall— from the institution— tion as: (1) identify and implement agencywide ‘‘(aa) an appropriate recommendation; or ‘‘(1) an air traffic controller as defined by cost-saving initiatives; and ‘‘(bb) an endorsement certifying that the section 2109(1)(A)(i); (2) develop appropriate schedules and individual would have met the requirements ‘‘(2) a first level supervisor of an air traffic metrics to measure whether the initiatives in effect as of December 31, 2013, for an ap- controller as defined by section 2109(1)(A)(i); are successful in reducing costs. propriate recommendation; or (b) REPORT.—Not later than 1 year after ‘‘(II) are eligible for a veterans recruit- ‘‘(3) a second level supervisor of an air traf- the date of enactment of this Act, the Ad- ment appointment pursuant to section 4214 fic controller as defined by section ministrator shall submit to the appropriate of title 38, United States Code, and provide a 2109(1)(A)(i); committees of Congress a report on the Certificate of Release or Discharge from Ac- so much of the annuity as is computed with progress made toward implementing the re- tive Duty within 120 days of the announce- respect to such type of service shall be com- quirements under subsection (a). ment closing; puted by multiplying 1 7/10 percent of the in- SEC. 4202. TREATMENT OF ESSENTIAL EMPLOY- ‘‘(III) are eligible veterans (as defined in dividual’s average pay by the years of such EES DURING FURLOUGHS. section 4211 of title 38, United States Code) service.’’. (a) DEFINITION OF ESSENTIAL EMPLOYEE.— maintaining aviation experience obtained in (b) EFFECTIVE DATE.—The amendment In this section, the term ‘‘essential em- the course of the individual’s military expe- made by subsection (a) shall be deemed to be ployee’’ means an employee of the Adminis- rience; or effective on December 12, 2003. tration who performs work involving the ‘‘(IV) are preference eligible veterans (as (c) PROCEDURES REQUIRED.—The Director safety of human life or the protection of defined in section 2108 of title 5, United of the Office of Personnel Management shall property, as determined by the Adminis- States Code). establish such procedures as are necessary to trator. ‘‘(ii) POOL TWO.—Applicants who apply provide for— (b) IN GENERAL.—In implementing spend- under a vacancy announcement recruiting (1) notification to each annuitant affected ing reductions under Federal law, the Ad- from all United States citizens. by the amendments made by this section; ministrator may furlough 1 or more employ- ‘‘(2) USE OF BIOGRAPHICAL ASSESSMENTS.— (2) recalculation of the benefits of affected ees of the Administration, except an essen- ‘‘(A) BIOGRAPHICAL ASSESSMENTS.—The Ad- annuitants; tial employee, if the Administrator deter- ministration shall not use any biographical (3) an adjustment to applicable monthly mines the furlough is necessary to achieve assessment when hiring under subparagraph benefit amounts pursuant to such recalcula- the required spending reductions. (A) or subparagraph (B)(i) of paragraph (1). tion, to begin as soon as is practicable; and

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1971 (4) a lump sum payment to each affected ministration hired on or after the date that has the meaning given such term in section annuitant equal to the additional total ben- is 1 year after the date of enactment of this 1508.14 of title 40, Code of Federal Regula- efit amount that such annuitant would have Act. tions (as in effect on the day before the date received had the amendment made by sub- (d) POLICIES AND PROCEDURES.—Not later of enactment of this paragraph).’’. section (a) been in effect on December 12, than 270 days after the date of enactment of SEC. 5003. OVERFLIGHTS OF NATIONAL PARKS. 2003. this Act, the Administrator of the Federal Section 40128 is amended— SEC. 4206. AIR TRAFFIC SERVICES AT AVIATION Aviation Administration shall prescribe poli- (1) in subsection (a)(3), by striking ‘‘the’’ EVENTS. cies and procedures to carry out the amend- before ‘‘title 14’’; and (a) REQUIREMENT TO PROVIDE SERVICES AND ments made by this section that are com- (2) by amending subsection (f) to read as RELATED SUPPORT.—The Administrator of parable, to the maximum extent practicable, follows: the Federal Aviation Administration shall to the regulations prescribed by the Office of ‘‘(f) TRANSPORTATION ROUTES.— provide air traffic services and aviation safe- Personnel Management under section 6329 of ‘‘(1) IN GENERAL.—This section shall not ty support for aviation events, including title 5, United States Code. apply to any air tour operator while flying airshows and fly-ins, without the imposition (e) ANNUAL REPORT.—Not later than 1 year over or near any Federal land managed by or collection of any fee, tax, or other charge after the date of enactment of this Act and the Director of the National Park Service, for that purpose. Amounts for the provision not less frequently than once each year including Lake Mead National Recreation of such services and support shall be derived thereafter until the date that is 5 years after Area, solely as a transportation route, to from amounts appropriated or otherwise the date of enactment of this Act, the Ad- conduct an air tour over the Grand Canyon available for the Federal Aviation Adminis- ministrator shall publish on a publicly acces- National Park. tration. sible Internet Web site a report on— ‘‘(2) EN ROUTE.—For purposes of this sub- (b) DETERMINATION OF SERVICES AND SUP- (1) the effect carrying out this section and section, an air tour operator flying over the PORT TO BE PROVIDED.—In determining the the amendments made by this section has Hoover Dam in the Lake Mead National services and support to be provided for an had on the workforce; and Recreation Area en route to the Grand Can- aviation event for purposes of subsection (a), (2) the number of veterans benefitting from yon National Park shall be deemed to be fly- the Administrator shall take into account carrying out this section and the amend- ing solely as a transportation route.’’. ments made by this section. the following: SEC. 5004. NAVIGABLE AIRSPACE ANALYSIS FOR (1) The services and support required to TITLE V—MISCELLANEOUS COMMERCIAL SPACE LAUNCH SITE meet levels of activity at prior events, if SEC. 5001. NATIONAL TRANSPORTATION SAFETY RUNWAYS. any, similar to the event. BOARD INVESTIGATIVE OFFICERS. (a) IN GENERAL.—Section 44718(b)(1) is (2) The anticipated need for services and Section 1113 is amended by striking sub- amended– support at the event. section (h). (1) by striking ‘‘air navigation facilities SEC. 4207. FULL ANNUITY SUPPLEMENT FOR SEC. 5002. PERFORMANCE-BASED NAVIGATION. and equipment’’ and inserting ‘‘air or space CERTAIN AIR TRAFFIC CONTROL- Section 213(c) of the FAA Modernization navigation facilities and equipment’’; LERS. and Reform Act of 2012 (Public Law 112–95; 49 (2) in subparagraph (D), by striking ‘‘; and’’ Section 8421a of title 5, United States Code, U.S.C. 40101 note) is amended by adding at and inserting a semicolon; is amended— the end the following: (3) in subparagraph (E), by striking the pe- (1) in subsection (a), by striking ‘‘The ‘‘(3) NOTIFICATIONS AND CONSULTATIONS.— riod at the end and inserting ‘‘; and’’; and amount’’ and inserting ‘‘Except as provided Not later than 90 days before applying a cat- (4) by adding at the end the following: in subsection (c), the amount’’; egorical exclusion under this subsection to a ‘‘(F) the impact on launch and reentry for (2) by redesignating subsection (c) as sub- new procedure at an OEP airport, the Ad- launch and reentry vehicles arriving or de- section (d); and ministrator shall— parting from a launch site or reentry site li- (3) by inserting after subsection (b) the fol- ‘‘(A) notify and consult with the operator censed by the Secretary.’’. lowing: of the airport at which the procedure would (b) RULEMAKING.—Not later than 18 months ‘‘(c) This section shall not apply to an indi- after the date of enactment of this Act, the vidual described in section 8412(e) during any be implemented; and ‘‘(B) consider consultations or other en- Administrator of the Federal Aviation Ad- period in which the individual, after sepa- ministration shall initiate a rulemaking to rating from the service as described in that gagement with the community in the which the airport is located to inform the public of implement the amendments made by sub- section, is employed full-time as an air traf- section (a). fic control instructor under contract with the procedure. SEC. 5005. SURVEY AND REPORT ON SPACEPORT the Federal Aviation Administration, includ- ‘‘(4) REVIEW OF CERTAIN CATEGORICAL EX- CLUSIONS.— DEVELOPMENT. ing an instructor working at an on-site facil- Not later than 1 year after the date of en- ity (such as an airport).’’. ‘‘(A) IN GENERAL.—The Administrator shall review any decision of the Administrator actment of this Act, the Comptroller General SEC. 4208. INCLUSION OF DISABLED VETERAN made on or after February 14, 2012, and be- of the United States shall submit to the ap- LEAVE IN FEDERAL AVIATION AD- propriate committees of Congress a report on MINISTRATION PERSONNEL MAN- fore the date of enactment of this paragraph AGEMENT SYSTEM. to grant a categorical exclusion under this the existing system of spaceports licensed by (a) IN GENERAL.—Section 40122(g)(2) is subsection with respect to a procedure to be the Federal Aviation Administration that in- amended— implemented at an OEP airport that was a cludes recommendations regarding— (1) in subparagraph (H), by striking ‘‘; and’’ material change from procedures previously (1) the extent to which, and the manner in and inserting a semicolon; in effect at the airport to determine if the which, the Federal Government could par- (2) in subparagraph (I)(iii), by striking the implementation of the procedure had a sig- ticipate in the construction, improvement, period at the end and inserting ‘‘; and’’; and nificant effect on the human environment in development, or maintenance of such space- (3) by adding at the end the following: the community in which the airport is lo- ports; and ‘‘(J) subject to paragraph (4), section 6329, cated if the operator of that airport— (2) potential funding sources. relating to disabled veteran leave.’’. ‘‘(i) requests such a review; and SEC. 5006. AVIATION FUEL. (b) CERTIFICATION OF LEAVE.—Section ‘‘(ii) demonstrates that there is good cause (a) USE OF UNLEADED AVIATION GASOLINE.— 40122(g) is amended— to believe that the implementation of the The Administrator of the Federal Aviation (1) by redesignating paragraph (4) as para- procedure had such an effect. Administration shall allow the use of an un- graph (5); and ‘‘(B) CONTENT OF REVIEW.—If, in conducting leaded aviation gasoline in an aircraft as a (2) by inserting after paragraph (3) the fol- a review under subparagraph (A) with re- replacement for a leaded gasoline if the Ad- lowing: spect to a procedure implemented at an OEP ministrator— ‘‘(4) CERTIFICATION OF DISABLED VETERAN airport, the Administrator, in consultation (1) determines that the unleaded aviation LEAVE.—In order to verify that leave cred- with the operator of the airport, determines gasoline qualifies as a replacement for an ap- ited to an employee pursuant to paragraph that implementing the procedure had a sig- proved leaded gasoline; (2)(J) is used for treating a service-connected nificant effect on the human environment in (2) identifies the aircraft and engines that disability, that employee shall, notwith- the community in which the airport is lo- are eligible to use the qualified replacement standing section 6329(c) of title 5, submit to cated, the Administrator shall— unleaded gasoline; and the Assistant Administrator for Human Re- ‘‘(i) consult with the operator of the air- (3) adopts a process (other than the tradi- source Management of the Federal Aviation port to identify measures to mitigate the ef- tional means of certification) to allow eligi- Administration certification, in such form fect of the procedure on the human environ- ble aircraft and engines to operate using and manner as the Administrator of the Fed- ment; and qualified replacement unleaded gasoline in a eral Aviation Administration may prescribe, ‘‘(ii) in conducting such consultations, con- manner that ensures safety. that the employee used that leave for pur- sider the use of alternative flight paths that (b) TIMING.—The Administrator shall adopt poses of being furnished treatment for that do not substantially degrade the efficiencies the process described in subsection (a)(3) not disability by a health care provider.’’. achieved by the implementation of the pro- later than 180 days after the later of— (c) APPLICATION.—The amendments made cedure being reviewed. (1) the date on which the Administration by this section shall apply with respect to ‘‘(C) HUMAN ENVIRONMENT DEFINED.—In this completes the Piston Aviation Fuels Initia- any employee of the Federal Aviation Ad- paragraph, the term ‘human environment’ tive; or

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1972 CONGRESSIONAL RECORD — SENATE April 12, 2016 (2) the date on which the American Society sion of the Federal Aviation Administration, SEC. 5013. STAFFING OF CERTAIN AIR TRAFFIC for Testing and Materials publishes a produc- and the commercial aircraft industry, in- CONTROL TOWERS. tion specification for an unleaded aviation cluding manufacturers, commercial air car- (a) IN GENERAL.—The Administrator of the gasoline. riers, and suppliers; and Federal Aviation Administration shall en- SEC. 5007. COMPREHENSIVE AVIATION PRE- ‘‘(2) establish goals set to advance tech- sure appropriate staffing at the Core 30 air PAREDNESS PLAN. nology, improve engineering practices, and traffic control towers and associated ter- (a) IN GENERAL.—No later than 1 year after facilitate continuing education in relevant minal radar approach control facilities and the date of enactment of this Act, the Sec- areas of study. air route traffic control centers and ensure, retary of Transportation and the Secretary ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— as appropriate, staffing levels at those con- of Health and Human Services, in coordina- There is authorized to be appropriated to the trol towers, facilities, and centers are not tion with the Secretary of Homeland Secu- Administrator $500,000 for each of the fiscal below the average number of air traffic con- rity, the Secretary of Labor, the Secretary years 2016 and 2017 to carry out this sec- trollers between the ‘‘high’’ and ‘‘low’’ staff- of State, the Secretary of Defense, and rep- tion.’’. ing ranges, as specified in the document of resentatives of other Federal departments (b) TABLE OF CONTENTS.—The table of con- the Federal Aviation Administration enti- and agencies, as necessary, shall develop a tents for chapter 445 is amended by adding at tled, ‘‘A Plan for the Future: 10-Year Strat- comprehensive national aviation commu- the end the following: egy for Air Traffic Control Workforce 2015– 2024’’. nicable disease preparedness plan. ‘‘44518. Advanced Materials Center of Excel- (b) RETENTION.—The Administrator shall (b) MINIMUM COMPONENTS.—The plan devel- lence.’’. oped under subsection (a) shall— review strategies to improve retention of ex- (1) be developed in consultation with other SEC. 5009. INTERFERENCE WITH AIRLINE EM- perienced certified professional controllers PLOYEES. relevant stakeholders, including State, local, at the control towers, facilities, and centers (a) IN GENERAL.—Not later than 1 year tribal, and territorial governments, air car- described in subsection (a)(1). after the date of enactment of this Act, the riers, first responders, and the general pub- SEC. 5014. CRITICAL AIRFIELD MARKINGS. Comptroller General of the United States lic; shall— Not later than 180 days after the date of (2) provide for the development of a com- (1) complete a study of crimes of violence enactment of this Act, the Administrator of munications system or protocols for pro- (as defined in section 16 of title 18, United the Federal Aviation Administration shall viding comprehensive, appropriate, and up- States Code) committed against airline cus- issue a request for proposal for a study that to-date information regarding communicable tomer service representatives while they are includes— disease threats and preparedness between all performing their duties and on airport prop- (1) an independent, third-party study to as- relevant stakeholders; erty; and sess the durability of Type III and Type I (3) document the roles and responsibilities (2) submit the findings of the study, includ- glass beads applied to critical markings over of relevant Federal department and agencies, ing any recommendations, to Congress. a 12-month period at no fewer than 2 primary including coordination requirements; airports in varying weather conditions to (b) GAP ANALYSIS.—The study shall include (4) provide guidance to air carriers, air- measure the retroflectivity levels of such a gap analysis to determine if State and ports, and other appropriate aviation stake- markings on a quarterly basis; and local laws and resources are adequate to holders on how to develop comprehensive (2) a study at 2 other airports carried out deter or otherwise address the crimes of vio- communicable disease preparedness plans for by applying Type III beads on one half of the lence described in subsection (a) and rec- their respective organizations, in accordance centerline and Type I beads to the other half ommendations on how to address any identi- with the plan to be developed under sub- and providing for assessments from pilots fied gaps. section (a); through surveys administered by a third (5) be scalable and adaptable so that the SEC. 5010. SECONDARY COCKPIT BARRIERS. party as to the visibility and performance of plan can be used to address the full range of (a) SHORT TITLE.—This section may be the Type III glass beads as compared to the communicable disease threats and incidents; cited as the ‘‘Saracini Aviation Safety Act of Type I glass beads over a 6-month period. 2016’’. (6) provide information on communicable SEC. 5015. RESEARCH AND DEPLOYMENT OF CER- threats and response training resources for (b) REQUIREMENT.—Not later than one year TAIN AIRFIELD PAVEMENT TECH- all relevant stakeholders, including Federal, after the date of the enactment of this Act, NOLOGIES. State, local, tribal, and territorial govern- the Administrator of the Federal Aviation Using amounts made available under sec- ment employees, airport officials, aviation Administration shall issue an order requir- tion 48102(a) of title 49, United States Code, industry employees and contractors, first re- ing installation of a secondary cockpit bar- the Administrator of the Federal Aviation sponders, and health officials; rier on each new aircraft that is manufac- Administration shall carry out a program for (7) develop protocols for the dissemination tured for delivery to a passenger air carrier the research and deployment of aircraft of comprehensive, up-to-date, and appro- in the United States operating under the pavement technologies under which the Ad- priate information to the traveling public provisions of part 121 of title 14, Code of Fed- ministrator makes grants to, and enters into concerning communicable disease threats eral Regulations. cooperative agreements with, institutions of and preparedness; SEC. 5011. GAO EVALUATION AND AUDIT. higher education and nonprofit organizations (8) be updated periodically to incorporate Section 15(a)(1) of the Railway Labor Act that— lessons learned with supplemental informa- (45 U.S.C. 165(a)(1)) is amended by striking ‘‘2 (1) research concrete and asphalt airfield tion; and years’’ and inserting ‘‘4 years’’. pavement technologies that extend the life (9) be provided in writing, electronically, SEC. 5012. FEDERAL AVIATION ADMINISTRATION of airfield pavements; and accessible via the Internet. PERFORMANCE MEASURES AND (2) develop and conduct training; (c) INTERAGENCY FRAMEWORK.—The plan TARGETS. (3) provide for demonstration projects; and developed under subsection (a) shall— (a) PERFORMANCE MEASURES.—Not later (4) promote the latest airfield pavement (1) be conducted under the existing inter- than 180 days after the date of enactment of technologies to aid in the development of agency framework for national level all haz- this Act, the Secretary of Transportation safer, more cost effective, and more durable ards emergency preparedness planning or an- shall establish performance measures relat- airfield pavements. other appropriate framework; and ing to the administration of the Federal SEC. 5016. REPORT ON GENERAL AVIATION (2) be consistent with the obligations of Aviation Administration, which shall, at a FLIGHT SHARING. the United States under international agree- minimum, include measures to assess— Not later than 180 days after the date of ments. (1) the reduction of delays in the comple- enactment of this Act, the Administrator of SEC. 5008. ADVANCED MATERIALS CENTER OF EX- tion of projects; and the Federal Aviation Administration shall CELLENCE. (2) the effectiveness of the Administration submit to the appropriate committees of (a) IN GENERAL.—Chapter 445 is amended in achieving the goals described in section Congress a report assessing the feasibility of by adding at the end the following: 47171 of title 49, United States Code. flight sharing for general aviation. The re- ‘‘§ 44518. Advanced Materials Center of Excel- (b) PERFORMANCE TARGETS.—Not later than port shall include an assessment of any regu- lence 180 days after the date on which the Sec- lations that may need to be updated to allow ‘‘(a) IN GENERAL.—The Administrator of retary establishes performance measures in for safe and efficient flight sharing, includ- the Federal Aviation Administration shall accordance with subsection (a), the Sec- ing regulations imposing limitations on the continue operation of the Advanced Mate- retary shall establish performance targets forms of communication persons who hold rials Center of Excellence (referred to in this relating to each of the measures described in private pilot certificates may use. section as the ‘Center’) under its structure that subsection. SEC. 5017. INCREASE IN DURATION OF GENERAL as in effect on March 1, 2016, which shall (c) REPORT.—Not later than 2 years after AVIATION AIRCRAFT REGISTRATION. focus on applied research and training on the the date of enactment of this Act, the In- Not later than 180 days after the date of durability and maintainability of advanced spector General of the Department of Trans- enactment of this Act, the Administrator of materials in transport airframe structures. portation shall submit to Congress a report the Federal Aviation Administration shall ‘‘(b) RESPONSIBILITIES.—The Center shall— describing the progress of the Secretary in initiate a rulemaking to increase the dura- ‘‘(1) promote and facilitate collaboration meeting the performance targets established tion of aircraft registrations for noncommer- among academia, the Transportation Divi- under subsection (b). cial general aviation aircraft to 5 years.

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SEC. 5018. MODIFICATION OF LIMITATION OF LI- (1) have been created pursuant to section (b) REPORT.—Not later than 1 year after ABILITY RELATING TO AIRCRAFT. 41309 of title 49, United States Code; and the date of enactment of this Act, the Ad- Section 44112(b) is amended— (2) have been exempted from antitrust laws ministrator shall submit a report to the ap- (1) by striking ‘‘on land or water’’; and (as defined in the first section of the Clayton propriate committees of Congress that sum- (2) by inserting ‘‘operational’’ before ‘‘con- Act (15 U.S.C. 12)) pursuant to section 41308 marizes the results of the study conducted trol’’. of title 49, United States Code. under subsection (a). SEC. 5019. GOVERNMENT ACCOUNTABILITY OF- (b) SCOPE.—The study conducted under SEC. 5026. STUDENT OUTREACH REPORT. FICE STUDY OF ILLEGAL DRUGS subsection (a) shall assess— Not later than 6 months after the date of SEIZED AT INTERNATIONAL AIR- (1) the consequences of alliances, including enactment of this Act, the Administrator of PORTS IN THE UNITED STATES. reduced competition, stifling new entrants the Federal Aviation Administration shall (a) IN GENERAL.—The Comptroller General into markets, increasing prices in markets, submit a report to the appropriate commit- of the United States shall conduct a study of and other adverse consequences; tees of Congress that describes the Adminis- illegal drugs, including heroin, fentanyl, and (2) the representations made by air carriers tration’s existing outreach efforts, such as cocaine, seized by Federal authorities at to the Secretary of Transportation for the the STEM Aviation and Space Education international airports in the United States. necessity of an antitrust exemption; Outreach Program, to elementary and sec- (b) ELEMENTS.—In conducting the study re- (3) the Department of Transportation’s ex- ondary students who are interested in ca- quired by subsection (a), the Comptroller pectations of public benefits resulting from reers in science, technology, engineering, General shall address, at a minimum— alliances, including whether such expected art, and mathematics— (1) the types and quantities of drugs seized; benefits were actually achieved; (1) to prepare and inspire such students for (2) the origin of the drugs seized; (4) the adequacy of the Department of aeronautical careers; and (3) the airport at which the drugs were Transportation’s efforts in the approval and (2) to mitigate an anticipated shortage of seized; monitoring of alliances, including possessing pilots and other aviation professionals. (4) the manner in which the drugs were relevant experience and expertise in the seized; and SEC. 5027. RIGHT TO PRIVACY WHEN USING AIR fields of antitrust and consumer protection; TRAFFIC CONTROL SYSTEM. (5) the manner in which the drugs were (5) whether there has been sufficient trans- Notwithstanding any other provision of transported. law, the Federal Aviation Administration, as (c) USE OF DATA; RECOMMENDATIONS FOR parency in the approval of alliances, includ- appropriate, shall upon request of a private ADDITIONAL DATA COLLECTION.—In con- ing opportunities for public review and feed- aircraft owner or operator, block the reg- ducting the study required by subsection (a), back; istration number of the aircraft of the owner the Comptroller General shall use all avail- (6) the role of the Department of Justice in or operator from any public dissemination or able data. If the Comptroller General deter- the oversight of alliances; display, except in data made available to a mines that additional data is needed to fully (7) whether there are alternatives to anti- Government agency, for the noncommercial understand the extent to which illegal drugs trust immunity that could be conferred that flights of the owner or operator. enter the United States through inter- would also produce public benefits; national airports in the United States, the (8) whether alliances should be required to SEC. 5028. CONDUCT OF SECURITY SCREENING expire; BY THE TRANSPORTATION SECU- Comptroller General shall develop rec- RITY ADMINISTRATION AT CERTAIN ommendations for the collection of that (9) the level of competition between air carriers who are members of the same alli- AIRPORTS. data. (a) IN GENERAL.—The Administrator of the ance; (d) SUBMISSION TO CONGRESS.—Not later Transportation Security Administration (10) the level of competition between alli- than 180 days after the date of enactment of shall provide for security screening to be ances; this Act, the Comptroller General shall sub- conducted by the Transportation Security (11) whether the Department of Transpor- mit to Congress a report on the study con- Administration at, and provide all necessary tation should amend, modify, or revoke any ducted under subsection (a) that includes staff and equipment to, any airport— exemption from the antitrust laws granted any recommendations developed under sub- (1) that lost commercial air service on or by the Secretary of Transportation in con- section (c). after January 1, 2013; and nection with an alliance; and SEC. 5020. SENSE OF CONGRESS ON PREVENTING (2) the operator of which, following the loss (12) the effect of alliances on the number THE TRANSPORTATION OF DISEASE- described in paragraph (1), submits to the and quality of jobs for United States air car- CARRYING MOSQUITOES AND OTHER Administrator— INSECTS ON COMMERCIAL AIR- rier flight crew employees, including the (A) a request for security screening to be CRAFT. share of alliance flying done by such employ- conducted at the airport by the Transpor- It is the sense of Congress that the Sec- ees. tation Security Administration; and retary of Transportation and the Secretary (c) RECOMMENDATIONS.—Not later than 180 of Agriculture should, in coordination and days after the date of enactment of this Act, (B) written confirmation of a commitment consultation with the World Health Organi- the Comptroller General shall submit to from a commercial air carrier— zation, develop a framework and guidance Congress the results of the study conducted (i) that the air carrier wants to provide for the use of safe, effective, and nontoxic under subsection (a), which shall include rec- commercial air service at the airport; and means of preventing the transportation of ommendations on the reforms needed to im- (ii) that such service will commence not disease-carrying mosquitoes and other in- prove competition and enhance choices for later than 1 year after the date of the sub- sects on commercial aircraft. consumers, including— mission of the request under subparagraph SEC. 5021. WORK PLAN FOR THE NEW YORK/NEW (1) whether oversight of alliances should be (A). JERSEY/PHILADELPHIA METROPLEX exercised by the Department of Justice rath- (b) DEADLINE.—The Administrator of the PROGRAM. er than by the Department of Transpor- Transportation Security Administration Not later than 90 days after the date of en- tation; and shall ensure that the process of imple- actment of this Act, the Administrator of (2) whether antitrust immunity for alli- menting security screening by the Transpor- the Federal Aviation Administration shall ances should expire. tation Security Administration at an airport described in subsection (a) is complete not develop and publish in the Federal Register a SEC. 5024. TREATMENT OF MULTI-YEAR LESSEES work plan for the New York/New Jersey/ OF LARGE AND TURBINE-POWERED later than the later of— Philadelphia metroplex program. MULTIENGINE AIRCRAFT. (1) the date that is 90 days after the date SEC. 5022. REPORT ON PLANS FOR AIR TRAFFIC The Secretary of Transportation shall re- on which the operator of the airport submits CONTROL FACILITIES IN THE NEW vise such regulations as may be necessary to to the Administrator a request for such YORK CITY AND NEWARK REGION. ensure that multi-year lessees and owners of screening under paragraph (2)(A) of that sub- Not later than 90 days after the date of en- large and turbine-powered multiengine air- section; or actment of this Act, the Administrator of craft are treated equally for purposes of joint (2) the date on which the air carrier in- the Federal Aviation Administration shall ownership policies of the Federal Aviation tends to provide commercial air service at submit to the appropriate committees of Administration. the airport. Congress a report on the Federal Aviation SEC. 5025. EVALUATION OF EMERGING TECH- (c) EFFECT ON OTHER AIRPORTS.—The Ad- Administration’s staffing and scheduling NOLOGIES. ministrator of the Transportation Security plans for air traffic control facilities in the (a) STUDY.—The Administrator of the Fed- Administration shall carry out this section New York City and Newark region for the 1- eral Aviation Administration, in consulta- in a manner that does not negatively affect year period beginning on such date of enact- tion with representatives of the aviation operations at airports that are provided se- ment. community and institutions of higher edu- curity screening by the Transportation Secu- SEC. 5023. GAO STUDY OF INTERNATIONAL AIR- cation (as defined in section 101(a) of the rity Administration. LINE ALLIANCES. Higher Education Act of 1964 (20 U.S.C. SEC. 5029. AVIATION CYBERSECURITY. (a) IN GENERAL.—The Comptroller General 1001(a))), shall conduct a study to evaluate (a) COMPREHENSIVE AVIATION FRAME- of the United States shall conduct a study of the potential impact of emerging tech- WORK.— certain cooperative agreements between nologies, such as electric propulsion and au- (1) IN GENERAL.—Not later than 240 days United States air carriers and non-United tonomous control, on the current state of after the date of enactment of this Act, the States air carriers (referred to in this section aircraft design, operations, maintenance, Administrator of the Federal Aviation Ad- as ‘‘alliances’’), which— and licensing. ministration shall facilitate and support the

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development of a comprehensive framework (2) IDENTITY MANAGEMENT ASSESSMENT.— the findings of the review and any rec- of principles and policies to reduce cyberse- (A) IN GENERAL.—Not later than 180 days ommendations. curity risks to the national airspace system, after the date of enactment of this Act, the (B) CONGRESS.—The Administrator shall civil aviation, and agency information sys- Secretary of Transportation shall prepare a submit to the appropriate committees of tems. plan to implement the use of identity man- Congress a copy of each report provided by (2) SCOPE.—As part of the principles and agement, including personal identity the working group. policies under paragraph (1), the Adminis- verification, at the Federal Aviation Admin- (6) CLASSIFIED INFORMATION.—Each report trator shall— istration, consistent with section 504 of the submitted under this subsection shall be in (A) clarify cybersecurity roles and respon- Cybersecurity Enhancement Act of 2014 unclassified form, but may include a classi- sibilities of offices and employees, including (Public Law 113–274; 15 U.S.C. 7464) and sec- fied annex. governance structures of any advisory com- tion 225 of title II of division N of the Cyber- (e) CYBERSECURITY IMPLEMENTATION mittees addressing cybersecurity at the Fed- security Act of 2015 (Public Law 114–113; 129 PROGRESS.—The Administrator of the Fed- eral Aviation Administration; Stat. 2242). eral Aviation Administration shall— (B) recognize the interactions of different (B) CONTENTS.—The plan shall include— (1) not later than 90 days after the date of components of the national airspace system (i) an assessment of the current implemen- enactment of this Act, and periodically and the interdependent and interconnected tation and use of identity management, in- thereafter until the completion date, provide nature of aircraft and air traffic control sys- cluding personal identity verification, at the to the appropriate committees of Congress a tems; Federal Aviation Administration for secure briefing on the actions the Administrator (C) identify and implement objectives and access to government facilities and informa- has taken to improve information security actions to reduce cybersecurity risks to the tion systems, including a breakdown of re- management, including the steps taken to air traffic control information systems, in- quirements for use and identification of implement subsections (a), (b) and (c) and all cluding actions to improve implementation which systems and facilities are enabled to of the issues and open recommendations of information security standards and best use personal identity verification; and identified in cybersecurity audit reports practices of the National Institute of Stand- (ii) the actions to be taken, including spec- issued in 2014 and 2015 by the Inspector Gen- ards and Technology, and policies and guid- ified deadlines, by the Chief Information Of- eral of the Department of Transportation ance issued by the Office of Management and ficers of the Department of Transportation and the Government Accountability Office; Budget for agency systems; and the Federal Aviation Administration to and (D) support voluntary efforts by industry, increase the implementation and use of such (2) not later than 1 year after the date of RTCA, Inc., or standards-setting organiza- measures, with the goal of 100 percent imple- enactment of this Act, issue a final report to tions to develop and identify consensus mentation across the agency. the appropriate committees of Congress on standards, best practices, and guidance on (3) REPORT.—The Secretary shall submit the steps taken to improve information secu- aviation systems information security pro- the plan to the appropriate committees of rity management, including implementation tection, consistent with the activities de- Congress. of subsections (a), (b) and (c) and all of the scribed in section 2(e) of the National Insti- (4) CLASSIFIED INFORMATION.—The report issues and open recommendations identified tute of Standards and Technology Act (15 submitted under paragraph (3) shall be in un- in the cybersecurity audit reports issued in U.S.C. 272(e)); and classified form, but may include a classified 2014 and 2015 by the Inspector General of the (E) establish guidelines for the voluntary annex. Department of Transportation and the Gov- sharing of information between and among (d) AIRCRAFT SECURITY.— ernment Accountability Office. (1) IN GENERAL.—The Aircraft Systems In- aviation stakeholders pertaining to aviation- SEC. 5030. PROHIBITIONS AGAINST SMOKING ON related cybersecurity incidents, threats, and formation Security Protection Working PASSENGER FLIGHTS. vulnerabilities. Group shall periodically review rulemaking, Section 41706 is amended— (3) LIMITATIONS.—In carrying out the ac- policy, and guidance for certification of avi- (1) by redesignating subsection (d) as sub- tivities under this section, the Adminis- onics software and hardware (including any section (e); and trator shall— system on board an aircraft) and continued (2) by inserting after subsection (c) the fol- (A) coordinate with aviation stakeholders, airworthiness in order to reduce cybersecu- lowing: including industry, airlines, manufacturers, rity risks to aircraft systems. ‘‘(d) ELECTRONIC CIGARETTES.— EQUIREMENTS airports, RTCA, Inc., and unions; (2) R .—In conducting the re- ‘‘(1) INCLUSION.—The use of an electronic (B) consult with the Secretary of Defense, views, the working group— cigarette shall be treated as smoking for Secretary of Homeland Security, Director of (A) shall assess the cybersecurity risks to purposes of this section. aircraft systems, including recognizing the National Institute of Standards and Tech- ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In nology, the heads of other relevant agencies, interactions of different components of the this section, the term ‘electronic cigarette’ and international regulatory authorities; national airspace system and the inter- means a device that delivers nicotine or dependent and interconnected nature of air- and other substances to a user of the device in craft and air traffic control systems; (C) evaluate on a periodic basis, but not the form of a vapor that is inhaled to simu- (B) shall assess the extent to which exist- less than once every 2 years, the effective- late the experience of smoking.’’. ing rulemaking, policy, and guidance to pro- ness of the principles established under this SEC. 5031. NATIONAL MULTIMODAL FREIGHT AD- mote safety also promote aircraft systems subsection. VISORY COMMITTEE. information security protection; and (b) THREAT MODEL.—The Secretary of (a) ESTABLISHMENT.—The Secretary of Transportation, in coordination with the Ad- (C) based on the results of subparagraphs Transportation shall establish a national ministrator of the Federal Aviation Admin- (A) and (B), may make recommendations to multimodal freight advisory committee (re- istration, shall implement the open rec- the Administrator of the Federal Aviation ferred to in this section as the ‘‘Committee’’) ommendation issued in 2015 by the Govern- Administration if separate or additional in the Department of Transportation, which ment Accountability Office to assess the po- rulemaking, policy, or guidance is needed to shall consist of a balanced cross-section of tential cost and timetable of developing and address aircraft systems information secu- public and private freight stakeholders rep- maintaining an agency-wide threat model to rity protection. resentative of all freight transportation strengthen cybersecurity across the Federal (3) IN-FLIGHT ENTERTAINMENT SYSTEMS RE- modes, including— Aviation Administration. VIEW.—As part of its review under subpara- (1) airports, highways, ports and water- (c) SECURE ACCESS TO FACILITIES AND SYS- graphs (A) and (B) of paragraph (2), the ways, rail, and pipelines; TEMS.— working group shall review the cybersecu- (2) shippers; (1) IDENTITY MANAGEMENT REQUIREMENTS.— rity risks of in-flight entertainment systems (3) carriers; Not later than 1 year after the date of enact- to consider whether such systems can and (4) freight-related associations; ment of this Act, the Secretary of Transpor- should be isolated and separate from systems (5) the freight industry workforce; tation shall implement open recommenda- required for safe flight and operations, in- (6) State departments of transportation; tions issued in 2014 by the Inspector General cluding reviewing standards for air gaps or (7) local governments; of the Department of Transportation— other means determined appropriate. (8) metropolitan planning organizations; (A) to work with the Federal Aviation Ad- (4) RECOMMENDATIONS.—In any rec- (9) regional or local transportation au- ministration to revise its plan to effectively ommendation under paragraph (2)(C), the thorities, such as port authorities; transition remaining users to require per- working group shall identify a cost-effective (10) freight safety organizations; and sonal identity verification, including create and technology-neutral approach and incor- (11) university research centers. a plan of actions and milestones with a porate voluntary consensus standards and (b) PURPOSE.—The purpose of the Com- planned completion date to monitor and best practices and international practices to mittee shall be to promote a safe, economi- track progress; and the fullest extent possible. cally efficient, and environmentally sustain- (B) to work with the Director of the Office (5) REPORT.— able national freight system. of Security of the Department of Transpor- (A) IN GENERAL.—Not later than 60 days (c) DUTIES.—The Committee, in consulta- tation to develop or revise plans to effec- after the date of enactment of this Act, and tion with State departments of transpor- tively transition remaining facilities to re- periodically thereafter, the working group tation and metropolitan planning organiza- quire personal identity verification cards at shall provide a report to the Administrator tions, shall provide advice and recommenda- the Federal Aviation Administration. of the Federal Aviation Administration on tions to the Secretary of Transportation on

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1975 matters related to freight transportation in (2) by redesignating subsection (j) as sub- (C) has a maintenance facility with a the United States, including— section (i). maintenance certificate issued under part (1) the implementation of freight transpor- (j) SPECIAL APPORTIONMENT CATEGORIES.— 145 of such title; and tation requirements; Section 47117(e)(1)(B) is amended by striking (2) the operator of the Stage 2 airplane op- (2) the establishment of a National ‘‘at least’’ and inserting ‘‘At least’’. erates not more than 10 flights per month Multimodal Freight Network under section (k) SOLICITATION AND CONSIDERATION OF using that airplane. 70103 of title 49, United States Code; COMMENTS.—Section 47171(l) is amended by (b) TERMINATION.—The regulations re- (3) the development of the national freight striking ‘‘4371’’ and inserting ‘‘4321’’. quired by subsection (a) shall terminate on strategic plan under section 70102 of such (l) OPERATIONS AND MAINTENANCE.—Section the earlier of— title; 48104 is amended by striking ‘‘(a) AUTHORIZA- (1) the date that is 10 years after the date (4) the development of measures of condi- TION OF APPROPRIATIONS.—the’’ and inserting of the enactment of this Act; or tions and performance in freight transpor- ‘‘The’’. (2) the date on which the Administrator de- (m) EXPENDITURES FROM AIRPORT AND AIR- tation; termines that no Stage 2 airplanes remain in WAY TRUST FUND.—Section 9502(d)(2) of the (5) the development of freight transpor- service. Internal Revenue Code of 1986 is amended by tation investment, data, and planning tools; (c) DEFINITIONS.—In this section: striking ‘‘farms’’ and inserting ‘‘farms)’’. and (1) MEDIUM HUB AIRPORT; NONHUB AIR- (6) recommendations for Federal legisla- SEC. 5033. VISIBLE DETERRENT. PORT.—The terms ‘‘medium hub airport’’ and tion. Section 1303 of the Implementing Rec- ‘‘nonhub airport’’ have the meanings given (d) QUALIFICATIONS.—Each member of the ommendations of the 9/11 Commission Act of those terms in section 40102 of title 49, Committee shall be sufficiently qualified to 2007 (6 U.S.C. 1112) is amended— United States Code. represent the interests of the member’s spe- (1) in subsection (a)— (2) STAGE 2 AIRPLANE.—The term ‘‘Stage 2 cific stakeholder group, such as— (A) in paragraph (3), by striking ‘‘; and’’ airplane’’ has the meaning given that term (1) general business and financial experi- and inserting a semicolon; in section 91.851 of title 14, Code of Federal ence; (B) in paragraph (4), by striking the period Regulations (as in effect on the day before (2) experience or qualifications in the areas at the end and inserting ‘‘; and’’; and the date of the enactment of this Act). of freight transportation and logistics; (C) by adding at the end the following: TITLE VI—TRANSPORTATION SECURITY (3) experience in transportation planning, ‘‘(5) if the VIPR team is deployed to an air- AND TERRORISM PREVENTION port, shall require, as appropriate based on safety, technology, or workforce issues; Subtitle A—Airport Security Enhancement risk, that the VIPR team conduct oper- (4) experience representing employees of and Oversight Act ations— the freight industry; SEC. 6101. SHORT TITLE. (5) experience representing State or local ‘‘(A) in the sterile area and any other areas to which only individuals issued security This subtitle may be cited as the ‘‘Airport governments or metropolitan planning orga- Security Enhancement and Oversight Act’’. nizations in transportation-related issues; or credentials have unescorted access; and ‘‘(B) in non-sterile areas.’’; and SEC. 6102. FINDINGS. (6) experience in trade economics relating Congress makes the following findings: to freight flows. (2) in subsection (b), by striking ‘‘such sums as necessary for fiscal years 2007 (1) A number of recent airport security (e) SUPPORT STAFF, INFORMATION, AND breaches in the United States have involved SERVICES.—The Secretary of Transportation through 2011’’ and inserting ‘‘such sums as necessary, including funds to develop not the use of Secure Identification Display Area shall provide support staff for the Com- (referred to in this section as ‘‘SIDA’’) mittee. Upon the request of the Committee, more than 60 VIPR teams, for fiscal years 2016 through 2017’’. badges, the credentials used by airport and the Secretary shall provide such informa- airline workers to access the secure areas of tion, administrative services, and supplies as SEC. 5034. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND ACTIVE an airport. the Secretary considers necessary for the (2) In December 2014, a Delta ramp agent at Committee to carry out its duties under this SHOOTER INCIDENTS. Section 2006(a)(2) of the Homeland Security Hartsfield-Jackson Atlanta International section. Act of 2002 (6 U.S.C. 607(a)(2)) is amended— Airport was charged with using his SIDA SEC. 5032. TECHNICAL AND CONFORMING (1) by redesignating subparagraphs (E) badge to bypass airport security checkpoints AMENDMENTS. through (I) as subparagraphs (F) through (J), and facilitate an interstate gun smuggling (a) AIRPORT CAPACITY ENHANCEMENT respectively; and operation over a number of months via com- PROJECTS AT CONGESTED AIRPORTS.—Section mercial aircraft. 40104(c) is amended by striking ‘‘47176’’ and (2) by inserting after subparagraph (D) the following: (3) In January 2015, an Atlanta-based Avia- inserting ‘‘47175’’. tion Safety Inspector of the Federal Aviation (b) CONSULTATION ON CARRIER RESPONSE ‘‘(E) training exercises to enhance pre- Administration used his SIDA badge to by- NOT COVERED BY PLAN.—Section 41313(c)(16), paredness for and response to mass casualty pass airport security checkpoints and trans- as amended by section 3104 of this Act, is fur- and active shooter incidents and security port a firearm in his carry-on luggage. ther amended by striking ‘‘the foreign air events at public locations, including airports (4) In February 2015, a local news investiga- carrier will consult’’ and inserting ‘‘will con- and mass transit systems;’’. tion found that over 1,000 SIDA badges at sult’’. SEC. 5035. ASSISTANCE TO AIRPORTS AND SUR- Hartsfield-Jackson Atlanta International (c) WEIGHING MAIL.—Section 41907 is FACE TRANSPORTATION SYSTEMS. amended by striking ‘‘and –administrative’’ Section 2008(a) of the Homeland Security Airport were lost or missing. and inserting ‘‘and administrative’’. Act of 2002 (6 U.S.C. 609(a)) is amended— (5) In March 2015, and again in May 2015, (d) FLIGHT ATTENDANT CERTIFICATION.— (1) by redesigning paragraphs (9) through Transportation Security Administration Section 44728 is amended— (13) as paragraphs (10) through (14), respec- contractors were indicted for participating (1) in subsection (c), by striking ‘‘chapter’’ tively; and in a drug smuggling ring using luggage and inserting ‘‘title’’; and (2) by inserting after paragraph (8) the fol- passed through the secure area of the San (2) in subsection (d)(3), by striking ‘‘is’’ and lowing: Francisco International Airport. inserting ‘‘be’’. ‘‘(9) enhancing the security and prepared- (6) The Administration has indicated that (e) SCHEDULE OF FEES.—Section 45301(a)(1) ness of secure and non-secure areas of eligi- it does not maintain a list of lost or missing is amended by striking ‘‘United States gov- ble airports and surface transportation sys- SIDA badges, and instead relies on airport ernment’’ and inserting ‘‘United States Gov- tems.’’. operators to track airport worker creden- ernment’’. SEC. 5036. AUTHORIZATION OF CERTAIN FLIGHTS tials. (f) CLASSIFIED EVIDENCE.—Section BY STAGE 2 AIRPLANES. (7) The Administration rarely uses its en- 46111(g)(2)(A) is amended by striking ‘‘(18 (a) IN GENERAL.—Notwithstanding section forcement authority to fine airport opera- U.S.C. App.)’’ and inserting ‘‘(18 U.S.C. 47534 of title 49, United States Code, not tors that reach a certain threshold of miss- App.))’’. later than 180 days after the date of the en- ing SIDA badges. (g) ALLOWABLE COST STANDARDS.—Section actment of this Act, the Administrator of (8) In April 2015, the Aviation Security Ad- 47110(b)(2) is amended— the Federal Aviation Administration shall visory Committee issued 28 recommenda- (1) in subparagraph (B), by striking initiate a pilot program to permit the oper- tions for improvements to airport access ‘‘compatability’’ and inserting ‘‘compat- ator of a Stage 2 airplane to operate that air- control. ibility’’; and plane in nonrevenue service into not more (9) In June 2015, the Inspector General of (2) in subparagraph (D)(i), by striking ‘‘cli- than four medium hub airports or nonhub the Department of Homeland Security re- mactic’’ and inserting ‘‘climatic’’. airports if— ported that the Administration did not have (h) DEFINITION OF QUALIFIED HUBZONE (1) the airport— all relevant information regarding 73 airport SMALL BUSINESS CONCERN.—Section (A) is certified under part 139 of title 14, workers who had records in United States in- 47113(a)(3) is amended by striking ‘‘(15 U.S.C. Code of Federal Regulations; telligence-related databases because the Ad- 632(o))’’ and inserting ‘‘(15 U.S.C. 632(p))’’. (B) has a runway that— ministration was not authorized to receive (i) DISCRETIONARY FUND.—Section 47115, as (i) is longer than 8,000 feet and not less all terrorism-related information under cur- amended by section 1006 of this Act, is fur- than 200 feet wide; and rent interagency watchlisting policy. ther amended— (ii) is load bearing with a pavement classi- (10) The Inspector General also found that (1) by striking subsection (i); and fication number of not less than 38; and the Administration did not have appropriate

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1976 CONGRESSIONAL RECORD — SENATE April 12, 2016 checks in place to reject incomplete or inac- SEC. 6105. OVERSIGHT. checks and employment authorization docu- curate airport worker employment inves- (a) ENHANCED REQUIREMENTS.— ments issued by the Citizenship and Immi- tigations, including criminal history record (1) IN GENERAL.—Subject to public notice gration Services during the course of a re- checks and work authorization verifications, and comment, and in consultation with air- view of procedures under paragraph (1). and had limited oversight over the airport port operators, the Administrator shall up- SEC. 6107. VETTING. operators that the Administration relies on date the rules on access controls issued by (a) ELIGIBILITY REQUIREMENTS.— to perform criminal history and work au- the Secretary under chapter 449 of title 49, (1) IN GENERAL.—Not later than 180 days thorization checks for airport workers. United States Code. after the date of enactment of this Act, and (11) There is growing concern about the po- (2) CONSIDERATIONS.—As part of the update subject to public notice and comment, the tential insider threat at airports in light of under paragraph (1), the Administrator shall Administrator shall revise the regulations recent terrorist activities. consider— issued under section 44936 of title 49, United SEC. 6103. DEFINITIONS. (A) increased fines and advanced oversight States Code, in accordance with this section In this subtitle: for airport operators that report missing and current knowledge of insider threats and (1) ADMINISTRATION.—The term ‘‘Adminis- more than 5 percent of credentials for intelligence, to enhance the eligibility re- tration’’ means the Transportation Security unescorted access to any SIDA of an airport; quirements and disqualifying criminal of- Administration. (B) best practices for Category X airport fenses for individuals seeking or having (2) ADMINISTRATOR.—The term ‘‘Adminis- operators that report missing more than 3 unescorted access to a SIDA of an airport. trator’’ means the Administrator of the percent of credentials for unescorted access (2) DISQUALIFYING CRIMINAL OFFENSES.—In Transportation Security Administration. to any SIDA of an airport; revising the regulations under paragraph (1), (3) APPROPRIATE COMMITTEES OF CON- (C) additional audits and status checks for the Administrator shall consider adding to GRESS.—The term ‘‘appropriate committees airport operators that report missing more the list of disqualifying criminal offenses of Congress’’ means— than 3 percent of credentials for unescorted and criteria the offenses and criteria listed (A) the Committee on Commerce, Science, access to any SIDA of an airport; in section 122.183(a)(4) of title 19, Code of and Transportation of the Senate; (D) review and analysis of the prior 5 years Federal Regulations and section 1572.103 of (B) the Committee on Homeland Security of audits for airport operators that report title 49, Code of Federal Regulations. and Governmental Affairs of the Senate; and missing more than 3 percent of credentials (3) WAIVER PROCESS FOR DENIED CREDEN- (C) the Committee on Homeland Security for unescorted access to any SIDA of an air- TIALS.—Notwithstanding section 44936(b) of of the House of Representatives. port; title 49, United States Code, in revising the (4) ASAC.—The term ‘‘ASAC’’ means the (E) increased fines and direct enforcement regulations under paragraph (1) of this sub- section, the Administrator shall— Aviation Security Advisory Committee es- requirements for both airport workers and (A) ensure there exists or is developed a tablished under section 44946 of title 49, their employers that fail to report within 24 waiver process for approving the issuance of United States Code. hours an employment termination or a miss- credentials for unescorted access to the (5) SECRETARY.—The term ‘‘Secretary’’ ing credential for unescorted access to any SIDA, for an individual found to be other- means the Secretary of Homeland Security. SIDA of an airport; and wise ineligible for such credentials; and (6) SIDA.—The term ‘‘SIDA’’ means Secure (F) a method for termination by the em- (B) consider, as appropriate and prac- Identification Display Area as defined in sec- ployer of any airport worker that fails to re- ticable— tion 1540.5 of title 49, Code of Federal Regula- port in a timely manner missing credentials (i) the circumstances of any disqualifying tions, or any successor regulation to such for unescorted access to any SIDA of an air- act or offense, restitution made by the indi- section. port. (b) TEMPORARY CREDENTIALS.—The Admin- vidual, Federal and State mitigation rem- SEC. 6104. THREAT ASSESSMENT. istrator may encourage the issuance by air- edies, and other factors from which it may (a) INSIDER THREATS.— port and aircraft operators of free one-time, be concluded that the individual does not (1) IN GENERAL.—Not later than 90 days 24-hour temporary credentials for workers pose a terrorism risk or a risk to aviation se- after the date of enactment of this Act, the who have reported their credentials missing, curity warranting denial of the credential; Administrator shall conduct or update an as- but not permanently lost, stolen, or de- and sessment to determine the level of risk posed stroyed, in a timely manner, until replace- (ii) the elements of the appeals and waiver to the domestic air transportation system by ment of credentials under section 1542.211 of process established under section 70105(c) of individuals with unescorted access to a se- title 49 Code of Federal Regulations is nec- title 46, United States Code. cure area of an airport (as defined in section essary. (4) LOOK BACK.—In revising the regulations 44903(j)(2)(H)) in light of recent international (c) NOTIFICATION AND REPORT TO CON- under paragraph (1), the Administrator shall terrorist activity. GRESS.—The Administrator shall— propose that an individual be disqualified if (2) CONSIDERATIONS.—In conducting or up- (1) notify the appropriate committees of the individual was convicted, or found not dating the assessment under paragraph (1), Congress each time an airport operator re- guilty by reason of insanity, of a disquali- the Administrator shall consider— ports that more than 3 percent of credentials fying criminal offense within 15 years before (A) domestic intelligence; for unescorted access to any SIDA at a Cat- the date of an individual’s application, or if (B) international intelligence; egory X airport are missing or more than 5 the individual was incarcerated for that (C) the vulnerabilities associated with percent of credentials to access any SIDA at crime and released from incarceration with- unescorted access authority granted to do- any other airport are missing; and in 5 years before the date of the individual’s mestic airport operators and air carriers, (2) submit to the appropriate committees application. and their employees; of Congress an annual report on the number (5) CERTIFICATIONS.—The Administrator (D) the vulnerabilities associated with of violations and fines related to unescorted shall require an airport or aircraft operator, unescorted access authority granted to for- access to the SIDA of an airport collected in as applicable, to certify for each individual eign airport operators and air carriers, and the preceding fiscal year. who receives unescorted access to any SIDA their employees; SEC. 6106. CREDENTIALS. of an airport that— (E) the processes and practices designed to (a) LAWFUL STATUS.—Not later than 90 (A) a specific need exists for providing that mitigate the vulnerabilities associated with days after the date of enactment of this Act, individual with unescorted access authority; unescorted access privileges granted to air- the Administrator shall issue guidance to and port operators and air carriers, and their em- airport operators regarding placement of an (B) the individual has certified to the air- ployees; expiration date on each airport credential port or aircraft operator that the individual (F) the recent security breaches at domes- issued to a non-United States citizen no understands the requirements for possessing tic and foreign airports; and longer than the period of time during which a SIDA badge. (G) the recent security improvements at that non-United States citizen is lawfully (6) REPORT TO CONGRESS.—Not later than 90 domestic airports, including the implemen- authorized to work in the United States. days after the date of enactment, the Admin- tation of recommendations made by relevant (b) REVIEW OF PROCEDURES.— istrator shall submit to the appropriate com- advisory committees. (1) IN GENERAL.—Not later than 90 days mittees of Congress a report on the status of (b) REPORTS TO CONGRESS.—The Adminis- after the date of enactment of this Act, the the revision to the regulations issued under trator shall submit to the appropriate com- Administrator shall— section 44936 of title 49, United States Code, mittees of Congress— (A) issue guidance for transportation secu- in accordance with this section. (1) a report on the results of the assess- rity inspectors to annually review the proce- (7) RULE OF CONSTRUCTION.—Nothing in this ment under subsection (a), including any rec- dures of airport operators and air carriers for subsection may be construed to affect exist- ommendations for improving aviation secu- applicants seeking unescorted access to any ing aviation worker vetting fees imposed by rity; SIDA of an airport; and the Administration. (2) a report on the implementation status (B) make available to airport operators (b) RECURRENT VETTING.— of any recommendations made by the ASAC; and air carriers information on identifying (1) IN GENERAL.—Not later than 90 days and suspicious or fraudulent identification mate- after the date of enactment of this Act, the (3) regular updates about the insider threat rials. Administrator and the Director of the Fed- environment as new information becomes (2) INCLUSIONS.—The guidance shall require eral Bureau of Investigation shall fully im- available and as needed. a comprehensive review of background plement the Rap Back service for recurrent

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1977 vetting of eligible Administration-regulated (5) include validation of identification ma- (2) to determine whether the security di- populations of individuals with unescorted terials, such as with biometrics. rectives should be streamlined or consoli- access to any SIDA of an airport. (b) INSPECTIONS.—Consistent with a risk- dated to most efficiently maximize risk re- (2) REQUIREMENTS.—As part of the require- based security approach, the Administrator duction; and ment in paragraph (1), the Administrator shall expand the use of transportation secu- (3) to update, consolidate, or revoke any shall ensure that— rity officers and inspectors to conduct en- security directive as necessary. (A) any status notifications the Adminis- hanced, random and unpredictable, data- (b) NOTICE.—For each security directive tration receives through the Rap Back serv- driven, and operationally dynamic physical that the Administrator issues, the Adminis- ice about criminal offenses be limited to inspections of airport workers in each SIDA trator shall submit to the appropriate com- only disqualifying criminal offenses in ac- of an airport and at each SIDA access mittees of Congress notice of— cordance with the regulations promulgated point— (1) the extent to which the security direc- by the Administration under section 44903 of (1) to verify the credentials of airport tive responds to a specific threat, security title 49, United States Code, or other Federal workers; threat assessment, or emergency situation law; and (2) to determine whether airport workers against civil aviation; and (B) any information received by the Ad- possess prohibited items, except for those (2) when it is anticipated that the security ministration through the Rap Back service that may be necessary for the performance directive will expire. is provided directly and immediately to the of their duties, as appropriate, in any SIDA SEC. 6112. IMPLEMENTATION REPORT. relevant airport and aircraft operators. of an airport; and Not later than 1 year after the date of en- (3) REPORT TO CONGRESS.—Not later than 60 (3) to verify whether airport workers are actment of this Act, the Comptroller General days after the date of enactment of this Act, following appropriate procedures to access a of the United States shall— the Administrator shall submit to the appro- SIDA of an airport. (1) assess the progress made by the Admin- priate committees of Congress a report on (c) SCREENING REVIEW.— istration and the effect on aviation security the implementation status of the Rap Back (1) IN GENERAL.—The Administrator shall of implementing the requirements under sec- service. conduct a review of airports that have imple- tions 6104 through 6111 of this Act; and (c) ACCESS TO TERRORISM-RELATED DATA.— mented additional airport worker screening (2) report to the appropriate committees of Not later than 30 days after the date of en- or perimeter security to improve airport se- Congress on the results of the assessment actment of this Act, the Administrator and curity, including— under paragraph (1), including any rec- the Director of National Intelligence shall (A) comprehensive airport worker screen- ommendations. coordinate to ensure that the Administrator ing at access points to secure areas; SEC. 6113. MISCELLANEOUS AMENDMENTS. is authorized to receive automated, real- (B) comprehensive perimeter screening, in- (a) ASAC TERMS OF OFFICE.—Section cluding vehicles; time access to additional Terrorist Identities 44946(c)(2)(A) is amended to read as follows: Datamart Environment (TIDE) data and any (C) enhanced fencing or perimeter sensors; ‘‘(A) TERMS.—The term of each member of and other terrorism related category codes to the Advisory Committee shall be 2 years, but (D) any additional airport worker screen- improve the effectiveness of the Administra- a member may continue to serve until the ing or perimeter security measures the Ad- tion’s credential vetting program for individ- Assistant Secretary appoints a successor. A ministrator identifies. uals that are seeking or have unescorted ac- member of the Advisory Committee may be (2) BEST PRACTICES.—After completing the cess to a SIDA of an airport. reappointed.’’. (d) ACCESS TO E-VERIFY AND SAVE PRO- review under paragraph (1), the Adminis- (b) FEEDBACK.—Section 44946(b)(5) is GRAMS.—Not later than 90 days after the date trator shall— amended to read as follows: of enactment of this Act, the Secretary shall (A) identify best practices for additional ‘‘(5) FEEDBACK.—Not later than 90 days authorize each airport operator to have di- access control and airport worker security at after receiving recommendations trans- rect access to the E-Verify program and the airports; and mitted by the Advisory Committee under Systematic Alien Verification for Entitle- (B) disseminate the best practices identi- paragraph (2) or paragraph (4), the Assistant ments (SAVE) automated system to deter- fied under subparagraph (A) to airport opera- Secretary shall respond in writing to the Ad- mine the eligibility of individuals seeking tors. visory Committee with feedback on each of unescorted access to a SIDA of an airport. (3) PILOT PROGRAM.—The Administrator the recommendations, an action plan to im- SEC. 6108. METRICS. may conduct a pilot program at 1 or more plement any of the recommendations with (a) IN GENERAL.—Not later than 1 year airports to test and validate best practices which the Assistant Secretary concurs, and a after the date of enactment of this Act, the for comprehensive airport worker screening justification for why any of the rec- Administrator shall develop and implement or perimeter security under paragraph (2). ommendations have been rejected.’’. performance metrics to measure the effec- SEC. 6110. COVERT TESTING. Subtitle B—TSA PreCheck Expansion Act tiveness of security for the SIDAs of air- (a) IN GENERAL.—The Administrator shall ports. increase the use of red-team, covert testing SEC. 6201. SHORT TITLE. (b) CONSIDERATIONS.—In developing the of access controls to any secure areas of an This subtitle may be cited as the ‘‘TSA performance metrics under subsection (a), airport. PreCheck Expansion Act’’. the Administrator may consider— (b) ADDITIONAL COVERT TESTING.—The In- SEC. 6202. DEFINITIONS. (1) adherence to access point procedures; spector General of the Department of Home- In this subtitle: (2) proper use of credentials; land Security shall conduct red-team, covert (1) ADMINISTRATOR.—The term ‘‘Adminis- (3) differences in access point requirements testing of airport access controls to the trator’’ means the Administrator of the between airport workers performing func- SIDA of airports. Transportation Security Administration. tions on the airside of an airport and airport (c) REPORTS TO CONGRESS.— (2) DEPARTMENT.—The term ‘‘Department’’ workers performing functions in other areas (1) ADMINISTRATOR REPORT.—Not later than means the Department of Homeland Secu- of an airport; 90 days after the date of enactment of this rity. (4) differences in access point characteris- Act, the Administrator shall submit to the (3) PRECHECK PROGRAM.—The term tics and requirements at airports; and appropriate committee of Congress a report ‘‘PreCheck Program’’ means the trusted (5) any additional factors the Adminis- on the progress to expand the use of inspec- traveler program implemented by the Trans- trator considers necessary to measure per- tions and of red-team, covert testing under portation Security Administration under formance. subsection (a). section 109(a)(3) of the Aviation and Trans- SEC. 6109. INSPECTIONS AND ASSESSMENTS. (2) INSPECTOR GENERAL REPORT.—Not later portation Security Act (49 U.S.C. 114). (a) MODEL AND BEST PRACTICES.—Not later than 180 days after the date of enactment of (4) TSA.—The term ‘‘TSA’’ means the than 180 days after the date of enactment of this Act, the Inspector General of the De- Transportation Security Administration. this Act, the Administrator, in consultation partment of Homeland Security shall submit SEC. 6203. PRECHECK PROGRAM AUTHORIZA- with the ASAC, shall develop a model and to the appropriate committee of Congress a TION. best practices for unescorted access security report on the effectiveness of airport access The Administrator shall continue to ad- that— controls to the SIDA of airports based on minister the PreCheck Program established (1) use intelligence, scientific algorithms, red-team, covert testing under subsection under the authority of the Aviation and and risk-based factors; (b). Transportation Security Act (Public Law (2) ensure integrity, accountability, and SEC. 6111. SECURITY DIRECTIVES. 107–71; 115 Stat. 597). control; (a) REVIEW.—Not later than 180 days after SEC. 6204. PRECHECK PROGRAM ENROLLMENT (3) subject airport workers to random the date of enactment of this Act, and annu- EXPANSION. physical security inspections conducted by ally thereafter, the Administrator, in con- (a) IN GENERAL.—Not later than 90 days Administration representatives in accord- sultation with the appropriate regulated en- after the date of enactment of this Act, the ance with this section; tities, shall conduct a comprehensive review Administrator shall publish PreCheck Pro- (4) appropriately manage the number of of every current security directive addressed gram enrollment standards that add mul- SIDA access points to improve supervision of to any regulated entity— tiple private sector application capabilities and reduce unauthorized access to these (1) to determine whether the security di- for the PreCheck Program to increase the areas; and rective continues to be relevant; public’s enrollment access to the program,

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1978 CONGRESSIONAL RECORD — SENATE April 12, 2016 including standards that allow the use of se- actment of this Act, the Administrator SEC. 6303. SECURITY COORDINATION ENHANCE- cure technologies, including online enroll- shall— MENT PLAN. ment, kiosks, tablets, or staffed laptop sta- (1) coordinate with the heads of appro- (a) IN GENERAL.—Not later than 240 days tions at which individuals can apply for priate components of the Department to le- after the date of enactment of this Act, the entry into the program. verage department-held data and tech- Administrator of the Transportation Secu- (b) REQUIREMENTS.—Upon publication of nologies to verify the citizenship of individ- rity Administration shall submit to Congress the PreCheck Program enrollment standards uals enrolling in the PreCheck Program; and the Government Accountability Office a under subsection (a), the Administrator (2) partner with the private sector to use plan— shall— biometrics and authentication standards, (1) to enhance and bolster security collabo- (1) coordinate with interested parties— such as relevant standards developed by the ration, coordination, and information shar- (A) to deploy TSA-approved ready-to-mar- National Institute of Standards and Tech- ing relating to securing international-in- ket private sector solutions that meet the nology, to facilitate enrollment in the pro- bound aviation between the United States PreCheck Program enrollment standards gram; and and domestic and foreign partners, including under subsection (a); (3) consider leveraging the existing re- U.S. Customs and Border Protection, foreign (B) to make available additional PreCheck sources and abilities of airports to conduct government entities, passenger air carriers, Program enrollment capabilities; and fingerprint and background checks to expe- cargo air carriers, and United States Govern- (C) to offer secure online and mobile en- dite identity verification. ment entities, in order to enhance security rollment opportunities; (e) PRECHECK PROGRAM LANES OPER- capabilities at foreign airports, including (2) partner with the private sector to col- ATION.—The Administrator shall— airports that may not have nonstop flights lect biographic and biometric identification (1) ensure that PreCheck Program screen- to the United States but are nonetheless de- information via kiosks, mobile devices, or ing lanes are open and available during peak termined by the Administrator to be high other mobile enrollment platforms to in- and high-volume travel times at appropriate risk; and crease enrollment flexibility and minimize airports to individuals enrolled in the (2) that includes an assessment of the abil- the amount of travel to enrollment centers PreCheck Program; and ity of the Administration to enter into a mu- for applicants; (2) make every practicable effort to pro- tual agreement with a foreign government (3) ensure that any information, including vide expedited screening at standard screen- entity that permits Administration rep- biographic information, is collected in a ing lanes during times when PreCheck Pro- resentatives to conduct without prior notice manner that— gram screening lanes are closed to individ- inspections of foreign airports. (A) is comparable with the appropriate and uals enrolled in the program in order to (b) GAO REVIEW.—Not later than 180 days applicable standards developed by the Na- maintain operational efficiency. after the submission of the plan required tional Institute of Standards and Tech- (f) VETTING FOR PRECHECK PROGRAM PAR- under subsection (a), the Comptroller Gen- TICIPANTS.—Not later than 90 days after the nology; and eral of the United States shall review the ef- date of enactment of this Act, the Adminis- (B) protects privacy and data security, in- forts, capabilities, and effectiveness of the trator shall initiate an assessment to iden- cluding that any personally identifiable in- Transportation Security Administration to tify any security vulnerabilities in the vet- formation is collected, retained, used, and enhance security capabilities at foreign air- ting process for the PreCheck Program, in- ports and determine if the implementation shared in a manner consistent with section cluding determining whether subjecting 552a of title 5, United States Code (com- of such efforts and capabilities effectively se- PreCheck Program participants to recurrent cures international-inbound aviation. monly known as ‘‘Privacy Act of 1974’’), and fingerprint-based criminal history records with agency regulations; checks, in addition to recurrent checks SEC. 6304. WORKFORCE ASSESSMENT. (4) ensure that the enrollment process is against the terrorist watchlist, could be done Not later than 270 days after the date of streamlined and flexible to allow an indi- in a cost-effective manner to strengthen the enactment of this Act, the Administrator of vidual to provide additional information to security of the PreCheck Program. the Transportation Security Administration complete enrollment and verify identity; shall submit to Congress a comprehensive Subtitle C—Securing Aviation From Foreign (5) ensure that any enrollment expansion workforce assessment of all Administration Entry Points and Guarding Airports using a private sector risk assessment in- personnel within the Office of Global Strate- Through Enhanced Security Act of 2016 stead of a fingerprint-based criminal history gies of the Administration or whose primary records check is evaluated and certified by SEC. 6301. SHORT TITLE. professional duties contribute to the Admin- the Secretary of Homeland Security, and This subtitle may be cited as the ‘‘Secur- istration’s global efforts to secure transpor- ing Aviation from Foreign Entry Points and verified by the Government Accountability tation security, including a review of wheth- Guarding Airports Through Enhanced Secu- Office or a federally funded research and de- er such personnel are assigned in a risk- rity Act of 2016’’. velopment center after award to be equiva- based, intelligence-driven manner. lent to a fingerprint-based criminal history SEC. 6302. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT. SEC. 6305. DONATION OF SCREENING EQUIPMENT records check conducted through the Federal TO PROTECT THE UNITED STATES. (a) IN GENERAL.—Not later than 180 days Bureau of Investigation with respect to the after the date of enactment of this Act, the (a) IN GENERAL.—The Administrator of the effectiveness in identifying individuals who Administrator of the Transportation Secu- Transportation Security Administration is are not qualified to participate in the rity Administration shall conduct a com- authorized to donate security screening PreCheck program due to disqualifying prehensive security risk assessment of all equipment to a foreign last point of depar- criminal history; and last point of departure airports with nonstop ture airport operator if such equipment can (6) ensure that the Secretary has certified flights to the United States. be reasonably expected to mitigate a specific that reasonable procedures are in place with (b) CONTENTS.—The security risk assess- vulnerability to the security of the United regard to the accuracy, relevancy, and prop- ment required under subsection (a) shall in- States or United States citizens. er utilization of information employed in clude consideration of the following: (b) REPORT.—Not later than 30 days before private sector risk assessments. (1) The level of coordination and coopera- any donation of security screening equip- (c) MARKETING OF PRECHECK PROGRAM.— tion between the Transportation Security ment pursuant to subsection (a), the Admin- Upon publication of PreCheck Program en- Administration and the foreign government istrator of the Transportation Security Ad- rollment standards under subsection (a), the of the country in which the last point of de- ministration shall provide to the Committee Administrator shall— parture airport with nonstop flights to the on Homeland Security and Governmental Af- (1) in accordance with those standards, de- United States is located. fairs and the Committee on Commerce, velop and implement— (2) The intelligence and threat mitigation Science, and Transportation of the Senate (A) a continual process, including an asso- capabilities of the country in which such air- and the Committee on Homeland Security of ciated timeframe, for approving private sec- port is located. the House of Representatives a detailed writ- tor marketing of the PreCheck Program; and (3) The number of known or suspected ter- ten explanation of the following: (B) a long-term strategy for partnering rorists annually transiting through such air- (1) The specific vulnerability to the United with the private sector to encourage enroll- port. States or United States citizens that will be ment in such program; (4) The degree to which the foreign govern- mitigated by such donation. (2) submit to Congress, at the end of each ment of the country in which such airport is (2) An explanation as to why the recipient fiscal year, a report on any PreCheck Pro- located mandates, encourages, or prohibits of such donation is unable or unwilling to gram application fees collected in excess of the collection, analysis, and sharing of pas- purchase security screening equipment to the costs of administering the program, in- senger name records. mitigate such vulnerability. cluding to access the feasibility of the pro- (5) The passenger security screening prac- (3) An evacuation plan for sensitive tech- gram, for the preceding fiscal year; and tices, capabilities, and capacity of such air- nologies in case of emergency or instability (3) include in the report under paragraph port. in the country to which such donation is (2) recommendations for using such amounts (6) The security vetting undergone by avia- being made. to support marketing of the program under tion workers at such airport. (4) How the Administrator will ensure the this subsection. (7) The access controls utilized by such air- security screening equipment that is being (d) IDENTITY VERIFICATION ENHANCEMENT.— port to limit to authorized personnel access donated is used and maintained over the Not later than 120 days after the date of en- to secure and sterile areas of such airports. course of its life by the recipient.

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1979 (5) The total dollar value of such donation. SEC. 6402. CHECKPOINTS OF THE FUTURE. Inspector General of the Department of SEC. 6306. NATIONAL CARGO SECURITY PRO- (a) IN GENERAL.—The Administrator of the Transportation shall assess— GRAM. Transportation Security Administration, in (1) Administration and industry readiness (a) IN GENERAL.—The Administrator of the accordance with chapter 449 of title 49, to meet the ADS–B mandate by 2020; Transportation Security Administration United States Code, shall request the Avia- (2) changes to ADS–B program since May may evaluate foreign countries’ air cargo se- tion Security Advisory Committee to de- 2010; and curity programs to determine whether such velop recommendations for more efficient (3) additional options to comply with the programs provide a level of security com- and effective passenger screening processes. mandate and consequences, both for indi- vidual system users and for the overall safe- mensurate with the level of security required (b) CONSIDERATIONS.—In making rec- ty and efficiency of the national airspace by United States air cargo security pro- ommendations to improve existing passenger system, for noncompliance. grams. screening processes, the Aviation Security (b) REPORT.—Not later than 60 days after Advisory Committee shall consider— (b) APPROVAL AND RECOGNITION.— the date the assessment under subsection (a) (1) the configuration of a checkpoint; (1) IN GENERAL.—If the Administrator of is complete, the Inspector General of the De- (2) technology innovation; the Transportation Security Administration partment of Transportation shall submit to (3) ways to address any vulnerabilities determines that a foreign country’s air cargo the appropriate committees of Congress a re- security program evaluated under subsection identified in audits of checkpoint operations; port on the progress made toward meeting (a) provides a level of security commensu- (4) ways to prevent security breaches at the ADS–B mandate by 2020, including any rate with the level of security required by airports where Federal security screening is recommendations of the Inspector General to United States air cargo security programs, provided; carry out such mandate. the Administrator shall approve and offi- (5) best practices in aviation security; cially recognize such foreign country’s air (6) recommendations from airport and air- SA 3681. Mr. HATCH submitted an cargo security program. craft operators, and any relevant advisory amendment intended to be proposed by (2) EFFECT OF APPROVAL AND RECOGNITION.— committees; and him to the bill H.R. 636, to amend the If the Administrator of the Transportation (7) ‘‘curb to curb’’ processes and proce- Internal Revenue Code of 1986 to per- dures. Security Administration approves and offi- manently extend increased expensing cially recognizes pursuant to paragraph (1) a (c) REPORT.—Not later than 1 year after foreign country’s air cargo security program, the date of enactment of this Act, the Ad- limitations, and for other purposes; cargo aircraft of such foreign country shall ministrator shall submit to the appropriate which was ordered to lie on the table; not be required to adhere to United States committees of Congress a report on the re- as follows: air cargo security programs that would oth- sults of the Aviation Security Advisory Com- At the end, insert the following: erwise be applicable. mittee review, including any recommenda- TITLE VI—AIRPORT AND AIRWAY TRUST (c) REVOCATION AND SUSPENSION.— tions for improving screening processes. FUND PROVISIONS AND RELATED TAXES (1) IN GENERAL.—If the Administrator of TITLE VII—AIRPORT AND AIRWAY TRUST SEC. 6001. EXPENDITURE AUTHORITY FROM AIR- the Transportation Security Administration FUND PROVISIONS AND RELATED TAXES PORT AND AIRWAY TRUST FUND. determines at any time that a foreign coun- SEC. 7101. EXPENDITURE AUTHORITY FROM AIR- (a) IN GENERAL.—Section 9502(d)(1) of the try’s air cargo security program approved PORT AND AIRWAY TRUST FUND. Internal Revenue Code of 1986 is amended— and officially recognized under subsection (b) (a) IN GENERAL.—Section 9502(d)(1) of the (1) in the matter preceding subparagraph no longer provides a level of security com- Internal Revenue Code of 1986 is amended— (A), by striking ‘‘July 16, 2016’’ and inserting mensurate with the level of security required (1) in the matter preceding subparagraph ‘‘October 1, 2017’’; and by United States air cargo security pro- (A), by striking ‘‘July 16, 2016’’ and inserting (2) in subparagraph (A), by striking the grams, the Administrator may revoke or ‘‘October 1, 2017’’; and semicolon at the end and inserting ‘‘or the temporarily suspend such approval and offi- (2) in subparagraph (A), by striking the Federal Aviation Administration Reauthor- cial recognition until such time as the Ad- semicolon at the end and inserting ‘‘or the ization Act of 2016;’’. ministrator determines that such foreign Federal Aviation Administration Reauthor- (b) CONFORMING AMENDMENT.—Section country’s cargo security programs provide a ization Act of 2016;’’. 9502(e)(2) of such Code is amended by striking level of security commensurate with the (b) CONFORMING AMENDMENT.—Section ‘‘July 16, 2016’’ and inserting ‘‘October 1, level of security required by such United 9502(e)(2) of such Code is amended by striking 2017’’. States air cargo security programs. ‘‘July 16, 2016’’ and inserting ‘‘October 1, SEC. 6002. EXTENSION OF TAXES FUNDING AIR- (2) NOTIFICATION.—If the Administrator of 2017’’. PORT AND AIRWAY TRUST FUND. the Transportation Security Administration SEC. 7102. EXTENSION OF TAXES FUNDING AIR- (a) FUEL TAXES.—Section 4081(d)(2)(B) of revokes or suspends pursuant to paragraph PORT AND AIRWAY TRUST FUND. the Internal Revenue Code of 1986 is amended (1) a foreign country’s air cargo security pro- (a) FUEL TAXES.—Section 4081(d)(2)(B) of by striking ‘‘July 15, 2016’’ and inserting gram, the Administrator shall notify the the Internal Revenue Code of 1986 is amended ‘‘September 30, 2019’’. Committee on Homeland Security of the by striking ‘‘July 15, 2016’’ and inserting (b) TICKET TAXES.— House of Representatives and the Committee ‘‘September 30, 2017’’. (1) PERSONS.—Section 4261(k)(1)(A)(ii) of on Commerce, Science, and Transportation (b) TICKET TAXES.— such Code is amended by striking ‘‘July 15, of the Senate not later than 30 days after (1) PERSONS.—Section 4261(k)(1)(A)(ii) of 2016’’ and inserting ‘‘September 30, 2019’’. such revocation or suspension. such Code is amended by striking ‘‘July 15, (2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such Code is amended by striking ‘‘July 15, Subtitle D—Miscellaneous 2016’’ and inserting ‘‘September 30, 2017’’. (2) PROPERTY.—Section 4271(d)(1)(A)(ii) of 2016’’ and inserting ‘‘September 30, 2019’’. SEC. 6401. INTERNATIONAL TRAINING AND CA- (c) FRACTIONAL OWNERSHIP PROGRAMS.— PACITY DEVELOPMENT. such Code is amended by striking ‘‘July 15, 2016’’ and inserting ‘‘September 30, 2017’’. (1) TREATMENT AS NON-COMMERCIAL AVIA- (a) IN GENERAL.—In accordance with sec- TION.—Section 4083(b) of such Code is amend- (c) FRACTIONAL OWNERSHIP PROGRAMS.— tion 114 of title 49, United States Code, the ed by striking ‘‘July 16, 2016’’ and inserting (1) TREATMENT AS NON-COMMERCIAL AVIA- Administrator of the Transportation Secu- ‘‘October 1, 2019’’. TION.—Section 4083(b) of such Code is amend- rity Administration shall establish an inter- (2) EXEMPTION FROM TICKET TAXES.—Sec- national training and capacity development ed by striking ‘‘July 16, 2016’’ and inserting ‘‘October 1, 2017’’. tion 4261(j) of such Code is amended by strik- program to train the appropriate authorities ing ‘‘July 15, 2016’’ and inserting ‘‘September (2) EXEMPTION FROM TICKET TAXES.—Sec- of foreign governments in air transportation 30, 2019’’. security. tion 4261(j) of such Code is amended by strik- (b) CONTENTS OF TRAINING.—If the Adminis- ing ‘‘July 15, 2016’’ and inserting ‘‘September SA 3682. Mr. INHOFE submitted an 30, 2017’’. trator determines that a foreign government amendment intended to be proposed to would benefit from training and capacity de- amendment SA 3464 submitted by Mr. velopment assistance, the Administrator SA 3680. Mr. THUNE proposed an THUNE (for himself and Mr. NELSON) to may provide to the appropriate authorities amendment to amendment SA 3679 pro- of that foreign government technical assist- posed by Mr. MCCONNELL (for Mr. the bill H.R. 636, to amend the Internal ance and training programs to strengthen THUNE (for himself and Mr. NELSON)) to Revenue Code of 1986 to permanently aviation security in managerial, operational, the bill H.R. 636, to amend the Internal extend increased expensing limita- and technical areas, including— Revenue Code of 1986 to permanently tions, and for other purposes; which (1) active shooter scenarios; extend increased expensing limita- was ordered to lie on the table; as fol- (2) incident response; tions, and for other purposes; as fol- lows: (3) use of canines; lows: Strike section 5023 and insert the fol- (4) mitigation of insider threats; lowing: Strike section 4105 and insert the fol- (5) perimeter security; SEC. 5023. GOVERNMENT ACCOUNTABILITY OF- (6) operation and maintenance of security lowing: FICE STUDY OF INTERNATIONAL AIR screening technology; and SEC. 4105. ADS–B MANDATE ASSESSMENT. CARRIER ALLIANCES. (7) recurrent related training and exer- (a) ASSESSMENT.—Not later than 1 year (a) IN GENERAL.—The Comptroller General cises. after the date of enactment of this Act, the of the United States shall conduct a study of

VerDate Sep 11 2014 03:58 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.027 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1980 CONGRESSIONAL RECORD — SENATE April 12, 2016 certain cooperative agreements between flights, and an overall enhanced flying expe- ing to conduct a hearing entitled United States air carriers and non-United rience; and ‘‘ESSA Implementation in States and States air carriers (referred to in this section (B) to commercial air carriers, such as fuel School Districts: Perspectives from the as ‘‘alliances’’) that— cost savings, lower operational costs, and U.S. Secretary of Education.’’ (1) have been created pursuant to section improved customer satisfaction; and 41309 of title 49, United States Code; and (5) fully and swiftly implementing the Next The PRESIDING OFFICER. Without (2) have been exempted from antitrust laws Generation Air Transportation System objection, it is so ordered. (as defined in the first section of the Clayton should remain a top priority for the United SELECT COMMITTEE ON INTELLIGENCE Act ( 15 U.S.C. 12)) pursuant to section 41308 States to maximize the efficiency of the air- Mr. THUNE. Mr. President, I ask of title 49, United States Code. space system of the United States, maintain unanimous consent that the Select (b) SCOPE.—In conducting the study under a competitive advantage, and remain a glob- Committee on Intelligence be author- subsection (a), the Comptroller General shall al leader in aviation. assess— ized to meet during the session of the (1) the public benefits to consumers of alli- SA 3684. Mr. MCCONNELL (for Mr. Senate on April 12, 2016, at 2:30 p.m., in ances and the consequences of alliances, if CARPER (for himself and Mr. TILLIS)) room SH–219 of the Hart Senate Office any, to competition, pricing, and new entry Building. into markets served by alliances; proposed an amendment to the bill S. 2133, to improve Federal agency finan- The PRESIDING OFFICER. Without (2) the representations made by air carriers objection, it is so ordered. to the Secretary of Transportation for the cial and administrative controls and necessity of an antitrust exemption; procedures to assess and mitigate fraud SUBCOMMITTEE ON EMERGING THREATS AND (3) the Department of Transportation’s ex- risks, and to improve Federal agencies’ CAPABILITIES pectations of public benefits resulting from development and use of data analytics Mr. THUNE. Mr. President, I ask alliances, including whether such expected for the purpose of identifying, pre- unanimous consent that the Sub- benefits were actually achieved; venting, and responding to fraud, in- committee on Emerging Threats and (4) the Department of Transportation’s cluding improper payments; as follows: Capabilities of the Committee on role in the approval and monitoring of alli- Armed Services be authorized to meet ances; On page 5, line 24, strike ‘‘and’’ at the end. (5) whether there has been sufficient trans- On page 5, line 25, strike the period and in- during the session of the Senate on parency in the approval of alliances, includ- sert ‘‘; and’’. April 12, 2016, at 2:30 p.m. ing opportunities for public review and feed- On page 5, after line 25, add the following: The PRESIDING OFFICER. Without back; (3) any other party determined to be appro- objection, it is so ordered. priate by the Director of the Office of Man- (6) the role of the Department of Justice in SUBCOMMITTEE ON FEDERAL SPENDING agement and Budget, which may include the the oversight of alliances; OVERSIGHT AND EMERGENCY MANAGEMENT Chief Information Officer, the Chief Procure- (7) whether there are alternatives to anti- Mr. THUNE. Mr. President, I ask trust immunity that could be conferred that ment Officer, or the Chief Operating Officer would also produce public benefits; and of each agency. unanimous consent that the Sub- (8) the level of competition between alli- f committee on Federal Spending Over- sight and Emergency Management of ances. AUTHORITY FOR COMMITTEES TO (c) RECOMMENDATIONS.—Not later than 180 the Committee on Homeland Security days after the date of the enactment of this MEET and Governmental Affairs be author- Act, the Comptroller General shall submit to COMMITTEE ON ENERGY AND NATURAL ized to meet during the session of the Congress the results of the study conducted RESOURCES Senate on April 12, 2016, at 3 p.m., to under subsection (a). Mr. THUNE. Mr. President, I ask conduct a hearing entitled ‘‘FEMA: As- SA 3683. Mr. BOOKER (for himself unanimous consent that the Com- sessing Progress, Performance, and and Mr. DAINES) submitted an amend- mittee on Energy and Natural Re- Preparedness.’’ ment intended to be proposed to sources be authorized to meet during The PRESIDING OFFICER. Without amendment SA 3464 submitted by Mr. the session of the Senate on April 12, objection, it is so ordered. THUNE (for himself and Mr. NELSON) to 2016, at 10 a.m., in room SD–366 of the SUBCOMMITTEE ON READINESS AND the bill H.R. 636, to amend the Internal Dirksen Senate Office Building. MANAGEMENT SUPPORT Revenue Code of 1986 to permanently The PRESIDING OFFICER. Without Mr. THUNE. Mr. President, I ask extend increased expensing limita- objection, it is so ordered. unanimous consent that the Sub- tions, and for other purposes; which COMMITTEE ON FINANCE committee on Readiness and Manage- was ordered to lie on the table; as fol- Mr. THUNE. Mr. President. I ask ment Support of the Committee on lows: unanimous consent that the Com- Armed Services be authorized to meet At the end of subtitle A of title IV, insert mittee on Finance be authorized to during the session of the Senate on the following: meet during the session of the Senate April 12, 2016, at 2:30 p.m. SEC. 4118. SENSE OF CONGRESS ON THE NEXT on April 12, 2016, at 10:15 a.m., in room The PRESIDING OFFICER. Without GENERATION AIR TRANSPORTATION SYSTEM. SD–215 of the Dirksen Senate Office objection, it is so ordered. It is the sense of Congress that— Building, to conduct a hearing entitled SUBCOMMITTEE ON REGULATORY AFFAIRS AND (1) the Next Generation Air Transportation ‘‘Cybersecurity and Protecting Tax- FEDERAL MANAGEMENT System (known as ‘‘NextGen’’) could, if prop- payer Information.’’ Mr. THUNE. Mr. President, I ask erly implemented, provide much needed The PRESIDING OFFICER. Without unanimous consent that the Sub- modernization of air traffic technologies to objection, it is so ordered. committee on Regulatory Affairs and meet the future needs of the national air- space; COMMITTEE ON FOREIGN RELATIONS Federal Management of the Committee (2) once fully implemented, advancements Mr. THUNE. Mr. President, I ask on Homeland Security and Govern- from implementation of the Next Generation unanimous consent that the Com- mental Affairs be authorized to meet Air Transportation System could result in mittee on Foreign Relations be author- during the session of the Senate on billions of dollars of economic benefits to air ized to meet during the session of the April 12, 2016, at 9 a.m., to conduct a carriers and the travel industry; Senate on April 12, 2016, at 10 a.m., to hearing entitled, ‘‘Improving the (3) the Next Generation Air Transportation conduct a hearing entitled ‘‘The Spread USAJOBS Website.’’ System has the potential to improve air traf- The PRESIDING OFFICER. Without fic management by— of ISIS and Transitional Terrorism.’’ (A) improving weather forecasting; The PRESIDING OFFICER. Without objection, it is so ordered. (B) enhancing safety; objection, it is so ordered. SUBCOMMITTEE ON SUPERFUND, WASTE (C) creating more flexible spacing and se- COMMITTEE ON HEALTH, EDUCATION, LABOR, MANAGEMENT, AND REGULATORY OVERSIGHT quencing of aircraft; AND PENSIONS Mr. THUNE. Mr. President, I ask (D) reducing air traffic separation; and Mr. THUNE. Mr. President, I ask unanimous consent that the Sub- (E) reducing congestion; unanimous consent that the Com- committee on Superfund, Waste Man- (4) improvements to air traffic manage- mittee on Health, Education, Labor, agement, and Regulatory Oversight of ment through the implementation of the Next Generation Air Transportation System and Pensions be authorized to meet the Committee on Environmental and will provide benefits— during the session of the Senate, on Public Works be authorized to meet (A) to the flying public, such as reduced April 12, 2016, at 10 a.m., in room SD– during the session of the Senate on delays, reduced wait times, more direct 430 of the Dirksen Senate Office Build- April 12, 2016, at 2:30 p.m., in room SD–

VerDate Sep 11 2014 05:24 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.029 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1981 406 of the Dirksen Senate Office Build- (1) IN GENERAL.—Not later than 90 days (2) the sharing and development of data ing, to conduct a hearing entitled, after the date of enactment of this Act, the analytics techniques. ‘‘American Small Businesses Perspec- Director of the Office of Management and (b) COMPOSITION.—The working group es- tive on Environmental Protection Budget, in consultation with the Comp- tablished under subsection (a) shall be com- troller General of the United States, shall es- posed of— Agency Regulatory Actions.’’ tablish guidelines for agencies to establish The PRESIDING OFFICER. Without (1) the Controller of the Office of Manage- financial and administrative controls to ment and Budget, who shall serve as Chair- objection, it is so ordered. identify and assess fraud risks and design person; f and implement control activities in order to (2) the Chief Financial Officer of each prevent, detect, and respond to fraud, includ- FRAUD REDUCTION AND DATA agency; and ing improper payments. (3) any other party determined to be appro- ANALYTICS ACT of 2015 (2) CONTENTS.—The guidelines described in priate by the Director of the Office of Man- Mr. MCCONNELL. Mr. President, I paragraph (1) shall incorporate the leading agement and Budget, which may include the ask unanimous consent that the Sen- practices identified in the report published Chief Information Officer, the Chief Procure- ate proceed to the immediate consider- by the Government Accountability Office on ment Officer, or the Chief Operating Officer July 28, 2015, entitled ‘‘Framework for Man- of each agency. ation of Calendar No. 391, S. 2133. aging Fraud Risks in Federal Programs’’. (c) CONSULTATION.—The working group es- The PRESIDING OFFICER. The (3) MODIFICATION.—The Director of the Of- tablished under subsection (a) shall consult clerk will report the bill by title. fice of Management and Budget, in consulta- with Offices of Inspectors General and Fed- The senior assistant legislative clerk tion with the Comptroller General of the eral and non-Federal experts on fraud risk read as follows: United States, may periodically modify the assessments, financial controls, and other guidelines described in paragraph (1) as the A bill (S. 2133) to improve Federal agency relevant matters. financial and administrative controls and Director and Comptroller General may de- (d) MEETINGS.—The working group estab- procedures to assess and mitigate fraud termine necessary. lished under subsection (a) shall hold not risks, and to improve Federal agencies’ de- (b) REQUIREMENTS FOR CONTROLS.—The fi- velopment and use of data analytics for the nancial and administrative controls required fewer than 4 meetings per year. purpose of identifying, preventing, and re- to be established by agencies under sub- (e) PLAN.—Not later than 270 days after the sponding to fraud, including improper pay- section (a) shall include— date of enactment of this Act, the working ments. (1) conducting an evaluation of fraud risks group established under subsection (a) shall There being no objection, the Senate and using a risk-based approach to design submit to Congress a plan for the establish- and implement financial and administrative ment and use of a Federal interagency li- proceeded to consider the bill. control activities to mitigate identified brary of data analytics and data sets, which Mr. MCCONNELL. Mr. President, I fraud risks; can incorporate or improve upon existing ask unanimous consent that the Car- (2) collecting and analyzing data from re- Federal resources and capacities, for use by per-Tillis amendment be agreed to; the porting mechanisms on detected fraud to agencies and Offices of Inspectors General to bill, as amended, be read a third time monitor fraud trends and using that data and facilitate the detection, prevention, and re- and passed, and the motion to recon- information to continuously improve fraud covery of fraud, including improper pay- sider be considered made and laid upon prevention controls; and ments. the table with no intervening action or (3) using the results of monitoring, evalua- tion, audits, and investigations to improve f debate. fraud prevention, detection, and response. The PRESIDING OFFICER. Without (c) REPORTS.— objection, it is so ordered. (1) IN GENERAL.—Except as provided in ORDERS FOR WEDNESDAY, APRIL The amendment (No. 3684) was agreed paragraph (2), for each of the first 3 fiscal 13, 2016 to, as follows: years beginning after the date of enactment (Purpose: To improve the bill) of this Act, each agency shall submit to Con- Mr. MCCONNELL. Mr. President, I On page 5, line 24, strike ‘‘and’’ at the end. gress, as part of the annual financial report ask unanimous consent that when the On page 5, line 25, strike the period and in- of the agency, a report on the progress of the Senate completes its business today, it sert ‘‘; and’’. agency in— adjourn until 9:30 a.m., Wednesday, On page 5, after line 25, add the following: (A) implementing— April 13; that following the prayer and (3) any other party determined to be appro- (i) the financial and administrative con- trols required to be established under sub- pledge, the morning hour be deemed priate by the Director of the Office of Man- expired, the Journal of proceedings be agement and Budget, which may include the section (a); Chief Information Officer, the Chief Procure- (ii) the fraud risk principle in the Stand- approved to date, and the time for the ment Officer, or the Chief Operating Officer ards for Internal Control in the Federal Gov- two leaders be reserved for their use of each agency. ernment; and later in the day; further, that following The bill (S. 2133), as amended, was or- (iii) Office of Management and Budget Cir- leader remarks, the Senate be in a pe- cular A–123 with respect to the leading prac- dered to be engrossed for a third read- riod of morning business for 1 hour, tices for managing fraud risk; with Senators permitted to speak ing, was read the third time, and (B) identifying risks and vulnerabilities to passed, as follows: fraud, including with respect to payroll, ben- therein for up to 10 minutes each; fi- S. 2133 eficiary payments, grants, large contracts, nally, that following morning business, Be it enacted by the Senate and House of Rep- and purchase and travel cards; and the Senate resume consideration of resentatives of the United States of America in (C) establishing strategies, procedures, and H.R. 636. Congress assembled, other steps to curb fraud. The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. (2) FIRST REPORT.—If the date of enactment objection, it is so ordered. This Act may be cited as the ‘‘Fraud Re- of this Act is less than 180 days before the duction and Data Analytics Act of 2015’’. date on which an agency is required to sub- f SEC. 2. DEFINITIONS. mit the annual financial report of the agen- In this Act— cy, the agency may submit the report re- (1) the term ‘‘agency’’ has the meaning quired under paragraph (1) as part of the fol- ADJOURNMENT UNTIL 9:30 A.M. given the term in section 551 of title 5, lowing annual financial report of the agency. TOMORROW United States Code; and SEC. 4. WORKING GROUP. (2) the term ‘‘improper payment’’ has the (a) ESTABLISHMENT.—Not later than 180 Mr. MCCONNELL. Mr. President, if meaning given the term in section 2(g) of the days after the date of enactment of this Act, there is no further business to come be- Improper Payments Information Act of 2002 the Office of Management and Budget shall fore the Senate, I ask unanimous con- (31 U.S.C. 3321 note). establish a working group to improve— sent that it stand adjourned under the (1) the sharing of financial and administra- SEC. 3. ESTABLISHMENT OF FINANCIAL AND AD- previous order. MINISTRATIVE CONTROLS RELAT- tive controls established under section 3(a) ING TO FRAUD AND IMPROPER PAY- and other best practices and techniques for There being no objection, the Senate, MENTS. detecting, preventing, and responding to at 6:30 p.m., adjourned until Wednes- (a) GUIDELINES.— fraud, including improper payments; and day, April 13, 2016, at 9:30 a.m.

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