TEXT OF AMENDMENTS; Congressional Record Vol. 162, No. 54
(Senate - April 11, 2016)

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[Pages S1857-S1876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3565. Mr. CORNYN (for himself, Mr. Flake, Mr. Heller, and Mr. 
McCain) submitted an amendment intended to be proposed to amendment SA 
3464 submitted by Mr. Thune (for himself and Mr. Nelson) to the bill 
H.R. 636, to amend the Internal Revenue Code of 1986 to permanently 
extend increased expensing limitations, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

     SEC. _01. SHORT TITLE.

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

     SEC. _02. REPEAL AND TRANSITION PROVISION.

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     U.S.C. 211 note) are repealed.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

     SEC. _03. DEFINITIONS.

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

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

       (a) Fee Agreements.--
       (1) Authority for fee agreements.--Notwithstanding section 
     13031(e) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff 
     Act of 1930 (19 U.S.C. 1451), the Commissioner may, upon the 
     request of any person, enter into an agreement with that 
     person under which--
       (A) U.S. Customs and Border Protection will provide the 
     services described in paragraph (2) at a port of entry or any 
     other facility where U.S. Customs and Border Protection 
     provides or will provide services;
       (B) such person will remit a fee imposed under subsection 
     (b) to U.S. Customs and Border Protection in an amount equal 
     to the full costs incurred or that will be incurred in 
     providing such services; and
       (C) any additional facilities which U.S. Customs and Border 
     Protection deems necessary for the provision of services 
     under an agreement entered into under this section shall be 
     provided, maintained, and equipped by such person in 
     accordance with U.S. Customs and Border Protection 
     specifications.
       (2) Services described.--Services described in this 
     paragraph are any services related to, or in support of, 
     customs, agricultural processing, border security, or 
     inspection-related immigration matters provided by an 
     employee or contractor of U.S. Customs and Border Protection 
     at ports of entry or any other facility where U.S. Customs 
     and Border Protection provides or will provide services.
       (3) Modification of prior agreements.--The Commissioner, at 
     the request of a person who has previously entered into an 
     agreement with U.S. Customs and Border Protection for the 
     reimbursement of fees in effect on the date of enactment of 
     this Act, may modify such agreement to implement any 
     provisions of this title.
       (4) Numerical limitations.--Except as provided in 
     paragraphs (5) and (6), there shall be no limit to the number 
     of fee agreements that may be entered into by the 
     Commissioner.
       (5) Authority for numerical limitations.--
       (A) Resource availability.--If the Commissioner finds that 
     resource or allocation constraints would prevent U.S. Customs 
     and Border Protection from fulfilling, in whole or in part, 
     requests for services under the terms of existing or proposed 
     fee agreements, the Commissioner shall impose annual limits 
     on the number of new fee agreements.
       (B) Annual review.--If the Commissioner limits the number 
     of new fee agreements under this paragraph, the Commissioner 
     shall annually evaluate and reassess such limits and publish 
     the results of such evaluation and affirm any such limits 
     that shall remain in effect in a publicly available format.
       (6) Numerical limitations at air ports of entry.--
       (A) In general.--The Commissioner may not enter into more 
     than 10 fee agreements

[[Page S1858]]

     per year to provide U.S. Customs and Border Protection 
     services at air ports of entry.
       (B) Certain costs.--A fee agreement for U.S. Customs and 
     Border Protection services at an air port of entry may only 
     provide for the reimbursement of--
       (i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       (ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employee;
       (iii) the salaries and expenses of employees of U.S. 
     Customs and Border Protection to support U.S. customs and 
     Border Protection officers in performing law enforcement 
     functions at air ports of entry, including primary and 
     secondary processing of passengers; and
       (iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     employees.
       (C) Preclearance.--The authority in the section may not be 
     used to enter into new preclearance agreements or initiate 
     the provision of U.S. Customs and Border Protection services 
     outside of the United States.
       (7) Denied application.--If the Commissioner denies a 
     proposal for a fee agreement, the Commission shall provide 
     the person who submitted the proposal a detailed 
     justification for the denial.
       (8) Construction.--Nothing in this section may be 
     construed--
       (A) to require a person entering into a fee agreement to 
     cover costs that are otherwise the responsibility of the U.S. 
     Customs and Border Protection or any other agency of the 
     Federal Government and are not incurred, or expected to be 
     incurred, to cover services specifically covered by an 
     agreement entered into under authorities provided by this 
     title; or
       (B) to unduly and permanently reduce the responsibilities 
     or duties of U.S. Customs and Border Protection to provide 
     services at ports of entry that have been authorized or 
     mandated by law and are funded in any appropriation Act or 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees.
       (b) Fee.--
       (1) In general.--A person who enters into a fee agreement 
     shall pay a fee pursuant to such agreement in an amount equal 
     to the full cost of U.S. Customs and Border Protection--
       (A) of the salaries and expenses of individuals employed or 
     contracted by U.S. Customs and Border Protection to provide 
     such services; and
       (B) of other costs incurred by U.S. Customs and Border 
     Protection related to providing such services, such as 
     temporary placement or permanent relocation of employees.
       (2) Advance payment.--The Commissioner, with approval from 
     a person requesting services of U.S. Customs and Border 
     Protection services pursuant to a fee agreement, may accept 
     the fee for services prior to providing such services.
       (3) Oversight of fees.--The Commissioner shall develop a 
     process to oversee the activities for which fees are charged 
     pursuant to a fee agreement that includes the following:
       (A) A determination and report on the full cost of 
     providing services, including direct and indirect costs, as 
     well as a process, through consultation with affected parties 
     and other interested stakeholders, for increasing such fees 
     as necessary.
       (B) The establishment of a periodic remittance schedule to 
     replenish appropriations, accounts or funds, as necessary.
       (C) The identification of costs paid by such fees.
       (4) Deposit of funds.--Amounts collected pursuant to a fee 
     agreement shall--
       (A) be deposited as an offsetting collection;
       (B) remain available until expended, without fiscal year 
     limitation; and
       (C) be credited to the applicable appropriation, account, 
     or fund for the amount paid out of that appropriation, 
     account, or fund for--
       (i) any expenses incurred or to be incurred by U.S. Customs 
     and Border Protection in providing such services; and
       (ii) any other costs incurred by U.S. Customs and Border 
     Protection relating to such services.
       (5) Termination by the commissioner.--
       (A) In general.--The Commissioner shall terminate the 
     services provided pursuant to a fee agreement with a person 
     that, after receiving notice from the Commissioner that a fee 
     imposed under the fee agreement is due, fails to pay such fee 
     in a timely manner.
       (B) Effect of termination.--At the time services are 
     terminated pursuant to subparagraph (A), all costs incurred 
     by U.S. Customs and Border Protection which have not been 
     paid, will become immediately due and payable.
       (C) Interest.--Interest on unpaid fees will accrue based on 
     the quarterly rate(s) established under sections 6621 and 
     6622 of the Internal Revenue Code of 1986.
       (D) Penalties.--Any person that fails to pay any fee 
     incurred under a fee agreement in a timely manner, after 
     notice and demand for payment, shall be liable for a penalty 
     or liquidated damage equal to 2 times the amount of such fee.
       (E) Amount collected.--Any amount collected pursuant to a 
     fee agreement shall be deposited into the account specified 
     under paragraph (4) and shall be available as described 
     therein.
       (F) Return of unused funds.--The Commissioner shall return 
     any unused funds collected under a fee agreement that is 
     terminated for any reason, or in the event that the terms of 
     such agreement change by mutual agreement to cause a 
     reduction of U.S. Customs and Border Protections services. No 
     interest shall be owed upon the return of any unused funds. 
     (i)
       (6) Termination by the sponsor.--Any person who has 
     previously entered into an agreement with U.S. Customs and 
     Border Protection for the reimbursement of fees in effect on 
     the date of enactment of this Act, or under the provisions of 
     this Act, may request that such agreement make provision for 
     termination at the request of such person upon advance 
     notice, the length and terms of which shall be negotiated 
     between such person and U.S. Customs and Border Protection.
       (c) Annual Report and Notice to Congress.--The Commissioner 
     shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each fee agreement made during the 
     previous year and, consistent with the requirements of 
     section 907 of the Trade Facilitation and Trade Enforcement 
     Act of 2015 (Public Law 114-125), or pertaining to 
     authorities and programs repealed and transitioned under 
     section __02 of this title or otherwise authorized by this 
     section; and
       (2) not less than 3 days before entering into a fee 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (d) Effective Period.--The authority for the Commission to 
     enter into new fee agreements shall be in effect until 
     September 30, 2025. Any fee agreement entered into prior to 
     that date shall remain in effect under the terms of that fee 
     agreement.

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

       (a) Agreements Authorized.--
       (1) Commissioner.--The Commissioner, in collaboration with 
     the Administrator as provided under subsection (f), may enter 
     into an agreement with any person to accept a donation of 
     real or personal property, including monetary donations, or 
     nonpersonal services, for activities in subsection (b) at a 
     new or existing land, sea, or air port of entry, or any 
     facility or other infrastructure at a location where U.S. 
     Customs and Border Protection performs or will be performing 
     inspection services within the United States.
       (2) Administrator.--Where the Administrator owns or leases 
     a new or existing land port of entry, facility, or other 
     infrastructure at a location where U.S. Customs and Border 
     Protection performs or will be performing inspection 
     services, the Administrator, in collaboration with the 
     Commissioner, may enter into an agreement with any person to 
     accept a donation of real or personal property, including 
     monetary donations, or nonpersonal services, at that location 
     for activities set forth in subsection (b).
       (b) Use.--A donation made under a donation agreement may be 
     used for activities related to construction, alteration, 
     operation or maintenance, including expenses related to--
       (1) land acquisition, design, construction, repair, and 
     alteration;
       (2) furniture, fixtures, equipment, and technology, 
     including installation and the deployment thereof; and
       (3) operation and maintenance of the facility, 
     infrastructure, equipment, and technology.
       (c) Limitation on Monetary Donations.--Any monetary 
     donation accepted pursuant to a donation agreement may not be 
     used to pay the salaries of employees of U.S. Customs and 
     Border Protection who perform inspection services.
       (d) Transfer.--
       (1) Authority to transfer.--Donations accepted by the 
     Commissioner or the Administrator under a donation agreement 
     may be transferred between U.S. Customs and Border Protection 
     and the Administration.
       (2) Notification.--Prior to executing a transfer under this 
     subsection, the Commissioner or Administrator shall notify a 
     person that entered into the donation agreement of an intent 
     to transfer the donated property or services.
       (e) Term of Donation Agreement.--The term of a donation 
     agreement may be as long as is required to meet the terms of 
     the agreement.
       (f) Role of Administrator.--The Administrator's role, 
     involvement, and authority under this section is limited with 
     respect to donations made at new or existing land ports of 
     entry, facilities, or other infrastructure owned or leased by 
     the Administration.
       (g) Evaluation Procedures.--
       (1) Requirements for procedures.--Not later than 180 days 
     after the date of enactment, the Commissioner, in 
     consultation with the Administrator as appropriate, shall 
     issue procedures for evaluating proposals for donation 
     agreements.
       (2) Availability.--The procedures issued under paragraph 
     (1) shall be made available to the public.
       (3) Cost-sharing arrangements.--In issuing the procedures 
     under paragraph (1), the Commissioner, in consultation with 
     the Administration, shall evaluate the use of authorities 
     provided under this section to enter into cost-sharing or 
     reimbursement agreements with eligible persons and determine 
     whether such agreements may improve facility conditions or 
     inspection services at new or existing land, sea, or air 
     ports of entry.

[[Page S1859]]

       (h) Determination and Notification.--
       (1) In general.--Not later than 60 days after receiving a 
     proposal for a donation agreement, the Commissioner, and 
     Administrator if applicable, shall notify the person that 
     submitted the proposal as to whether it is complete or 
     incomplete.
       (2) Incomplete proposals.--If the Commissioner, and 
     Administrator if applicable, determines that a proposal is 
     incomplete, the person that submitted the proposal shall be 
     notified and provided with--
       (A) a detailed description of all specific information or 
     material that is needed to complete review of the proposal; 
     and
       (B) allow the person to resubmit the proposal with 
     additional information and material described under 
     subparagraph (A) to complete the proposal.
       (3) Complete applications.--Not later than 180 days after 
     receiving a completed and final proposal for a donation 
     agreement, the Commissioner, and Administrator if applicable, 
     shall--
       (A) make a determination whether to deny or approve the 
     proposal; and
       (B) notify the person that submitted the proposal of the 
     determination.
       (4) Considerations.--In making the determination under 
     paragraph (3)(A), the Commissioner, and Administrator if 
     applicable, shall consider--
       (A) the impact of the proposal on reducing wait times at 
     that port of entry or facility and other ports of entry on 
     the same border;
       (B) the potential of the proposal to increase trade and 
     travel efficiency through added capacity; and
       (C) the potential of the proposal to enhance the security 
     of the port of entry or facility.
       (i) Supplemental Funding.--Any property, including monetary 
     donations and nonpersonal services, donated pursuant to a 
     donation agreement may be used in addition to any other 
     funds, including appropriated funds, property, or services 
     made available for the same purpose.
       (j) Return of Donation.--If the Commissioner or the 
     Administrator does not use the property or services donated 
     pursuant to a donation agreement, such donated property or 
     services shall be returned to the person that made the 
     donation.
       (k) Interest Prohibited.--No interest may be owed on any 
     donation returned to a person under this subsection.
       (l) Annual Report and Notice to Congress.--The 
     Commissioner, in collaboration with the Administrator if 
     applicable, shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each donation agreement made during 
     the previous year; and
       (2) not less than 3 days before entering into a donation 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (m) Rule of Construction.--Except as otherwise provided in 
     this section, nothing in this section may be construed as 
     affecting in any manner the responsibilities, duties, or 
     authorities of U.S. Customs and Border Protection or the 
     Administration.
       (n) Effective Period.--The authority for the Commission or 
     the Administrator to enter into new donation agreements shall 
     be in effect until September 30, 2025. Any donation agreement 
     entered into prior to that date shall remain in effect under 
     the terms of that donation agreement.
                                 ______
                                 
  SA 3566. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEMONSTRATION PROGRAM FOR IMPROVEMENT OF GENERAL 
                   AVIATION AIRPORT GRANTS.

       (a) In General.--
       (1) Authority.--The Secretary of Transportation is 
     authorized to carry out a demonstration program for improved 
     administration of general aviation airport grants, as 
     described in this section.
       (2) Guidance.--
       (A) Requirement for guidance.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Transportation shall issue guidance to carry out a 
     demonstration program authorized under paragraph (1).
       (B) Reporting and review.--The guidance required by 
     subparagraph (A) may include periodic reporting and review 
     guidelines for States participating in the such demonstration 
     program, as specified by the Secretary.
       (b) Authority for an Alternate Distribution of Funds.--
     States that are selected to participate in the demonstration 
     program shall not be subject to the allocation requirements 
     of paragraph (3)(A) of section 47114(d) of title 49, United 
     States Code, for funds made available under such section 
     after the date of the enactment of this Act for use at 
     nonprimary classified airports within such States.
       (c) Period of Availability.--Notwithstanding any other 
     provision of law, the period of availability for an amount 
     made available to States under the terms of the demonstration 
     program shall be available to be obligated for grants only 
     during the fiscal year for which such amount was apportioned 
     and the two fiscal years immediately after that year. If such 
     amount is not obligated under the terms of the demonstration 
     program within that time, such amount shall be added to the 
     discretionary fund provided for under section 47115 of title 
     49, United States Code.
       (d) Air Side Needs.--In selecting projects at nonprimary 
     entitlement airports, States participating in the 
     demonstration program shall ensure that funds apportioned to 
     airport sponsors are only made available for construction 
     costs of revenue producing aeronautical support facilities if 
     such sponsor has made adequate provision for financing 
     airside needs consistent with the terms of section 47110(h) 
     of title 49, United States Code.
       (e) State Participation.--
       (1) Number of states.--The Secretary of Transportation may 
     select not more than 5 States to participate in the 
     demonstration program.
       (2) Duration of participation.--A State selected to 
     participate in the demonstration program shall remain in the 
     demonstration program until the State terminates its 
     participation. If a State terminates participation under this 
     paragraph, the Secretary may select another State to 
     participate in the demonstration program.
       (3) State eligibility.--A State is eligible to participate 
     in the demonstration program if the State--
       (A) for not less than 3 States, as of the date of the 
     enactment of this Act, is authorized by the Secretary to 
     carry out a block grant program under section 47128 of title 
     49, United States Code; and
       (B) submits an application for the participation that 
     includes the certification described in paragraph (4) and 
     that make adequate provision for airside needs.
       (4) Certification.--The certification described in this 
     paragraph is a certification made by a State that includes 
     each of the following:
       (A) That the alternate distribution permitted under the 
     demonstration program will occur in a manner that ensures all 
     nonprimary classified airports in the State are adequately 
     maintained in accordance with all relevant safety standards.
       (B) That the State has a capital improvement planning 
     process and priority system sufficient to carry out such 
     alternate distribution in a manner consistent with airport 
     safety and security needs.
       (C) That the State has sufficient communication 
     capabilities and protocols to notify and consult with local 
     jurisdictions having control over nonprimary classified 
     airports regarding such alternate distribution.
       (D) That the State--
       (i) continues to meet other application and selection 
     requirements set out in section 47128(b) of title 48, United 
     States Code; or
       (ii) if the State is not carrying out a block grant program 
     under section 47128 of title 49, United States Code, meets 
     requirements that are equivalent, as determined appropriate 
     by the Secretary.
                                 ______
                                 
  SA 3567. Mr. COCHRAN (for himself, Mr. Hoeven, and Mr. Wicker) 
submitted an amendment intended to be proposed to amendment SA 3464 
submitted by Mr. Thune (for himself and Mr. Nelson) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; as follows:

       On page 74, strike line 19 and insert the following: under 
     section 44802(a) of that title, and in coordination with the 
     Center of Excellence for Unmanned Aircraft Systems.
       (c) Use of Center of Excellence for Unmanned Aircraft 
     Systems.--The Administrator, in carrying out research 
     necessary to establish the consensus safety standards and 
     certification requirements in section 44803 of title 49, 
     United States Code, as added by section 2124, shall, to the 
     maximum extent practicable, leverage the research and testing 
     capacity and capabilities of the Center of Excellence for 
     Unmanned Aircraft Systems and the test sites (as defined in 
     44801 of such title, as added by section 2121).
                                 ______
                                 
  SA 3568. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSIT STOPS IN THE UNITED STATES BY FOREIGN AIR 
                   CARRIERS TRAVELING TO OR FROM CUBA.

       (a) In General.--Except as provided in subsection (c), the 
     President may not regulate or prohibit, directly or 
     indirectly, the provision of technical services otherwise 
     permitted under an international air transportation agreement 
     in the United States for an aircraft of a foreign air carrier 
     that is en route to or from Cuba.
       (b) Effect of Existing Regulations.--Any regulation in 
     effect on the date of the enactment of this Act that 
     regulates or prohibits

[[Page S1860]]

     the services described in subsection (a) shall cease to have 
     any force or effect with respect to such services.
       (c) Exceptions.--
       (1) In general.--This section shall not apply if--
       (A) the United States is at war with Cuba;
       (B) armed hostilities between the United States and Cuba 
     are in progress; or
       (C) there is imminent danger to the public health or 
     physical safety of United States citizens.
       (2) Cuban air carriers.--This section shall not apply to 
     foreign air carriers that are owned by the Government of Cuba 
     or are based in Cuba.
       (d) Applicability.--The provisions of this section shall 
     apply to--
       (1) actions taken by the President before the date of the 
     enactment of this Act that are in effect on such date of 
     enactment; and
       (2) actions taken on or after such date of enactment.
       (e) Inapplicability.--The provisions of this section shall 
     apply notwithstanding section 102(h) of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
     6032(h)) and section 910(b) of the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7209(b)).
                                 ______
                                 
  SA 3569. Ms. COLLINS (for herself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. MODIFICATIONS IN CREDIT FOR COMBINED HEAT AND 
                   POWER SYSTEM PROPERTY.

       (a) Increased Energy Percentage.--Clause (i) of section 
     48(a)(2)(A) of the Internal Revenue Code of 1986 is amended 
     by striking ``and'' at the end of subclause (III), by 
     redesignating subclause (IV) as subclause (V), and by 
     inserting after subclause (III) the following new subclause:

       ``(IV) energy property described in paragraph (3)(A)(v), 
     and''.

       (b) Modification of Certain Capacity Limitations.--Section 
     48(c)(3)(B) of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``15 megawatts'' in clause (ii) and 
     inserting ``25 megawatts'',
       (2) by striking ``20,000 horsepower'' in clause (ii) and 
     inserting ``34,000 horsepower'', and
       (3) by striking clause (iii).
       (c) Extension of Credit for Combined Heat and Power System 
     Property.--Section 48(c)(3)(A)(iv) of the Internal Revenue 
     Code of 1986 is amended by striking ``January 1, 2017'' and 
     inserting ``January 1, 2022''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to periods after 
     the date of the enactment of this Act, under rules similar to 
     the rules of section 48(m) of the Internal Revenue Code of 
     1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).
       (2) Extension of credit.--The amendment made by subsection 
     (c) shall apply to property placed in service after December 
     31, 2016.

     SEC. ____. ENERGY CREDIT FOR WASTE HEAT TO POWER PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (vi), by inserting ``or'' at the 
     end of clause (vii), and by adding at the end the following 
     new clause:
       ``(viii) waste heat to power property,''.
       (b) Waste Heat To Power Property.--Subsection (c) of 
     section 48 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new paragraph:
       ``(5) Waste heat to power property.--
       ``(A) Waste heat to power property.--The term `waste heat 
     to power property' means property comprising a system which 
     generates electricity through the recovery of a qualified 
     waste heat resource.
       ``(B) Qualified waste heat resource defined.--The term 
     `qualified waste heat resource' means--
       ``(i) exhaust heat or flared gas from any industrial 
     process,
       ``(ii) waste gas or industrial tail gas that would 
     otherwise be flared, incinerated, or vented,
       ``(iii) a pressure drop in any gas for an industrial or 
     commercial process, or
       ``(iv) such other forms of waste heat resources as the 
     Secretary may determine.
       ``(C) Exception.--The term `qualified waste heat resource' 
     does not include any heat resource from a process whose 
     primary purpose is the generation of electricity utilizing a 
     fossil fuel or nuclear energy.
       ``(D) Termination.--The term `waste heat to power property' 
     shall not include any property placed in service after 
     December 31, 2021.''.
       (c) Increased Energy Percentage.--Clause (i) of section 
     48(a)(2)(A) of the Internal Revenue Code of 1986, as amended 
     by this Act, is further amended by striking ``and'' at the 
     end of subclause (IV) and inserting after the new subclause 
     (V) the following new subclause:

       ``(VI) energy property described in paragraph (3)(A)(viii), 
     and''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 3570. Ms. HEITKAMP (for herself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5032. REPORT ON EFFECTS ON AIRPORTS OF COLLEGIATE 
                   AVIATION FLIGHT TRAINING OPERATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to Congress a report 
     assessing the importance of collegiate aviation flight 
     training operations and the effect of such operations on the 
     economy and infrastructure of airports in the National Plan 
     of Integrated Airport Systems.
       (b) Elements.--In the report required by subsection (a), 
     the Administrator shall include the following:
       (1) An assessment of the total capacity of collegiate 
     aviation flight training programs in the United States to 
     meet the needs of the United States to train commercial 
     pilots.
       (2) An assessment of the footprint of collegiate aviation 
     flight training operations at the airports in the United 
     States.
       (3) An assessment of whether infrastructure beyond that 
     necessary for operations of commercial air carriers is needed 
     at airports at which collegiate aviation flight training 
     operations are conducted.
       (4) If such infrastructure is needed, an estimate of the 
     cost of such infrastructure.
       (5) An identification of funding sources, available before 
     the date of the enactment of this Act or that may become 
     available after such date of enactment, that may be used to 
     construct such infrastructure.
       (6) Recommendations for improving technical and financial 
     assistance to airports to construct such infrastructure.
                                 ______
                                 
  SA 3571. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 197, between lines 8 and 9, insert the following:
       (c) Joint Task Force.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Administrator, in 
     coordination with the Attorney General, the Secretary of 
     Homeland Security, the head of the Federal agency authorized 
     to regulate the use of laser pointers, and any other 
     appropriate Federal stakeholders, shall establish a joint 
     task force (referred to in this section as the ``Laser 
     Pointer Safety Task Force'') to address dangers from laser 
     pointers by establishing a coordinated response to mitigate 
     the threat of laser pointers aimed at aircraft.
       (2) Representation.--The Administrator shall appoint a 
     representative of the Federal Aviation Administration to lead 
     the Laser Pointer Safety Task Force, which shall also 
     includes representatives of the Department of Justice, the 
     Department of Homeland Security, the Federal agency 
     authorized to regulate the use of laser pointers, and any 
     other appropriate Federal stakeholder.
       (3) Public education campaign.--The Laser Pointer Safety 
     Task Force shall develop a public education campaign to 
     inform the public of the dangers of pointing a laser at 
     aircraft.
       (4) Incident detection and reporting.--The Laser Pointer 
     Safety Task Force shall develop methods for--
       (A) encouraging the reporting of incidents of laser 
     pointers aimed at an aircraft; and
       (B) assess what technology could be used to enhance the 
     detection of such incidents and to protect pilots from such 
     incidents.
       (5) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Laser Pointer Safety Task Force 
     shall submit a report to Congress that describes its efforts 
     under this subsection and includes recommendations for 
     further measures needed to prevent or respond to the use of 
     laser pointers against aircraft.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for the 
     Laser Pointer Safety Task Force to carry out the objectives 
     set forth in this subsection.
                                 ______
                                 
  SA 3572. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased

[[Page S1861]]

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

       On page 188, beginning on line 14, strike ``first- or 
     second-class airman'' and insert ``first-, second-, or third-
     class airman''.
                                 ______
                                 
  SA 3573. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike subtitle F of title II and insert the following:

     Subtitle F--Exemption From Medical Certification Requirements

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

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

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

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that assesses the effect of section 
     61.23(c)(ii) of title 14, Code of Federal Regulations 
     (permitting a person to exercise the privileges of a sport 
     pilot certificate without holding a medical certificate), on 
     public safety since 2004.
                                 ______
                                 
  SA 3574. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 244, between lines 7 and 8, insert the following:
       (m) Rulemaking Establishing Minimum Liability Insurance 
     Levels for Pilots.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking to 
     establish minimum levels of liability insurance for any pilot 
     covered under this section.
                                 ______
                                 
  SA 3575. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 57, line 12, strike ``A violation'' and insert the 
     following:
       (a) Private Right of Action Against Unfair and Deceptive 
     Practices.--Section 41712 is amended by adding at the end the 
     following:
       ``(d) Private Right of Action.--
       ``(1) In general.--Any person aggrieved by an action 
     prohibited under this section may file a civil action for 
     damages and injunctive relief in any Federal district court 
     or State court located in the State in which--
       ``(A) the unlawful action is alleged to have been 
     committed; or
       ``(B) the aggrieved person resides.
       ``(2) Enforcement by a state.--The attorney general of any 
     State, as parens patriae, may bring a civil action to enforce 
     the provisions of this section in--
       ``(A) any district court of the United States in that 
     State; or
       ``(B) any State court that is located in that State and has 
     jurisdiction over the defendant.''.
       (b) Violation of a Privacy Policy.--A violation
                                 ______
                                 
  SA 3576. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 264, line 16, strike ``Not later than'' and insert 
     the following:
       (a) No Preemption of Consumer Protection Claims.--Section 
     41713(b)(4) is amended by adding at the end the following:
       ``(D) No preemption of consumer protection claims.--Nothing 
     in subparagraphs (A) through (C) may be construed--
       ``(i) to preempt, displace, or supplant any action for 
     civil damages or injunctive relief based on a State consumer 
     protection statute; or
       ``(ii) to restrict the authority of any government entity, 
     including a State attorney general, from bringing a legal 
     claim on behalf of the citizens of such State.''.
       (b) Supplemental Notice of Proposed Rulemaking.--Not later 
     than
                                 ______
                                 
  SA 3577. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 211, between lines 2 and 3, insert the following:

     SEC. 2320. CABIN AIR QUALITY TECHNOLOGY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate research and 
     development work on effective air cleaning and sensor 
     technology for the engine and auxiliary power unit for bleed 
     air supplied to the passenger cabin and flight deck of a 
     pressurized aircraft.
       (b) Technology Requirements.--The technology developed 
     under subsection (a) shall be capable of--
       (1) removing oil-based contaminants from the bleed air 
     supplied to the passenger cabin and flight deck; and
       (2) detecting and recording oil-based contaminants in the 
     bleed air fraction of the total air supplied to the passenger 
     cabin and flight deck.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to Congress that describes the results of the research 
     and development work carried out under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3578. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. DIVERSIONS TO BRADLEY INTERNATIONAL AIRPORT.

       The Administrator of the Federal Aviation Administration 
     shall coordinate with the operator of Bradley International 
     Airport, Windsor Locks, Connecticut, to develop and implement 
     a plan for irregular operations that result in aircraft being 
     diverted to the airport to ensure that the airport is not 
     adversely affected.
                                 ______
                                 
  SA 3579. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report assessing--
       (1) the extent to which baggage fees imposed by air 
     carriers have led to--
       (A) increased security costs at airports, as reflected by 
     the need for more security screening officials and security 
     screening equipment; and
       (B) economic disruption, such as requiring passengers to 
     spend increased time waiting in line instead of pursuing more 
     worthwhile, productive pursuits; and
       (2) whether any increased costs have been borne 
     disproportionately by taxpayers instead of air carriers.
                                 ______
                                 
  SA 3580. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 106, strike line 22 and all that follows 
     through page 107, line 9, and insert the following
       ``(a) Prohibition.--Beginning on the date that is 90 days 
     after the date of publication of the guidance under 
     subsection (b)(1), it

[[Page S1862]]

     shall be unlawful for any person to introduce or deliver for 
     introduction into interstate commerce any unmanned aircraft 
     manufactured unless a safety statement is attached to the 
     unmanned aircraft or accompanying the unmanned aircraft in 
     its packaging.
       ``(b) Safety Statement.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall issue guidance for implementing 
     this section.
                                 ______
                                 
  SA 3581. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 271, strike line 15 and all that follows 
     through page 272, line 4, and insert the following:
       (1) each covered air carrier to disclose to a consumer any 
     ancillary fees, including the baggage fee, cancellation fee, 
     change fee, ticketing fee, and seat selection fee of that 
     covered air carrier in a standardized format; and
       (2) notwithstanding the manner in which information 
     regarding the fees described in paragraph (1) is collected, 
     each ticket agent to disclose to a consumer such fees of a 
     covered air carrier in the standardized format described in 
     paragraph (1).
       (b) Requirements.--The regulations under subsection (a) 
     shall require that each disclosure--
       (1) if ticketing is done on an Internet Web site or other 
     online service--
       (A) be prominently displayed to the consumer through a link 
     on the homepage of the covered air carrier or ticket agent 
     and prior to the point of purchase; and
                                 ______
                                 
  SA 3582. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 31__. UNFAIR OR DECEPTIVE PRACTICES RELATING TO TRAVEL 
                   INSURANCE.

       Section 2 of the Act of the Act of March 9, 1945 (59 Stat. 
     33, chapter 20; 15 U.S.C. 1012) is amended by adding at the 
     end the following:
       ``(c) Notwithstanding subsections (a) and (b), the 
     Secretary of Transportation may investigate, and take action 
     under section 41712(a) of title 49, United States Code, with 
     respect to, unfair or deceptive practices and unfair methods 
     of competition with respect to insurance relating to travel 
     in air transportation.''.
                                 ______
                                 
  SA 3583. Mr. BLUMENTHAL (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe regulations prohibiting an air carrier from 
     limiting the access of consumers to information relating to 
     schedules, fares, and fees for flights in passenger air 
     transportation.
       (b) Air Carrier Defined.--In this section, the term ``air 
     carrier'' means an air carrier or foreign air carrier, as 
     those terms are defined in section 40102 of title 49, United 
     States Code.
                                 ______
                                 
  SA 3584. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 192, between lines 20 and 21, insert the following:
       ``(3) the existence and utility of the National Human 
     Trafficking Resource Center.
                                 ______
                                 
  SA 3585. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       After section 2307, insert the following:

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

       (a) In General.--Each air carrier shall provide ticket 
     counter agents, gate agents, and other personnel of such air 
     carrier whose duties include regular interaction with 
     passengers training on recognizing and responding to victims 
     and potential victims of human trafficking. Such training 
     shall be in addition to any other training provided by an air 
     carrier to such personnel.
       (b) Definition.--In this section, the term ``air carrier'' 
     means a person, including a commercial enterprise, that has 
     been issued an air carrier operating certificate under 
     section 44705 of title 49, United States Code.
                                 ______
                                 
  SA 3586. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PLANS FOR COORDINATION TO RESPOND TO SECURITY 
                   THREATS AT AIR TRAFFIC FACILITIES.

       The Administrator of the Federal Aviation Administration 
     shall ensure that the Administration provides air navigation 
     facilities with, as appropriate--
       (1) a plan for coordination with appropriate law 
     enforcement and other authorities in the event of an 
     emergency or insider threat;
       (2) guidelines and training for response to security 
     threats and active shooter incidents; and
       (3) guidelines for coordination between offices within the 
     Administration, including the Office of Security and 
     Hazardous Materials Safety and the Air Traffic Organization, 
     on integrating security and resiliency concepts into 
     assessment and oversight activities, including guidelines for 
     the inspection of resiliency-focused elements including 
     electrical systems, telecommunications, and the incorporation 
     of best practices in risk assessment capabilities.
                                 ______
                                 
  SA 3587. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. GREENHOUSE GAS USE AND REUSE CREDIT.

       (a) Short Title.--This section may be cited as the 
     ``Greenhouse Gas Biological Use and Reuse Act of 2016''.
       (b) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45S. CREDIT FOR GREENHOUSE GAS USE AND REUSE.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     greenhouse gas use and reuse credit determined under this 
     section for any taxable year is an amount equal to the sum 
     of--
       ``(1) 30 percent of the qualified investment for such 
     taxable year with respect to greenhouse gas use and reuse 
     equipment, plus
       ``(2) the applicable amount (as determined under subsection 
     (g)) per metric ton of carbon dioxide equivalent of 
     greenhouse gas emissions--
       ``(A) for a facility--
       ``(i) in which greenhouse gas use and reuse equipment has 
     been placed in service,
       ``(ii) for which the Secretary has determined that the 
     property described in clause (i) satisfies the requirements 
     under subsection (b)(2), and
       ``(iii) which is located within the United States (within 
     the meaning of section 638(1)) or a possession of the United 
     States (within the meaning of section 638(2)), and
       ``(B) which the taxpayer demonstrates, based upon an 
     analysis of lifecycle greenhouse gas emissions (as described 
     in section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)(H)), as in effect on the date of the enactment of 
     this section) and subject to such requirements as the 
     Secretary, in consultation with the Secretary of Energy, 
     determines appropriate, were avoided through the use of the 
     property described in subparagraph (A)(i).
       ``(b) Qualified Investment With Respect to Greenhouse Gas 
     Use and Reuse Equipment.--
       ``(1) In general.--For purposes of subsection (a)(1), the 
     qualified investment with respect to greenhouse gas use and 
     reuse equipment for any taxable year is the basis of any 
     greenhouse gas use and reuse equipment placed in service at a 
     facility by the taxpayer during such taxable year.

[[Page S1863]]

       ``(2) Greenhouse gas use and reuse equipment.--The term 
     `greenhouse gas use and reuse equipment' means property--
       ``(A) installed in an industrial facility which is owned by 
     the taxpayer,
       ``(B) which captures and diverts qualified greenhouse 
     gases,
       ``(C) which results in a significant reduction in the 
     greenhouse gas emissions rate for such facility as compared 
     to such rate prior to the installation of such property 
     through the use and reuse of the qualified greenhouse gases 
     captured and diverted at such facility,
       ``(D) with respect to which depreciation is allowable,
       ``(E) which is constructed, reconstructed, erected, or 
     acquired by the taxpayer,
       ``(F) the original use of which commences with the 
     taxpayer, and
       ``(G) which is placed in service before the date which is 
     15 years after the date of the enactment of the Greenhouse 
     Gas Biological Use and Reuse Act of 2016.
       ``(3) Capture, transportation, and storage 
     infrastructure.--For purposes of paragraph (2), greenhouse 
     gas use and reuse equipment shall include infrastructure for 
     the purification, transportation, and storage of qualified 
     greenhouse gas, such as pipelines, wells, and monitoring 
     systems.
       ``(c) Certain Progress Expenditure Rules Made Applicable.--
     Rules similar to the rules of subsections (c)(4) and (d) of 
     section 46 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a)(1).
       ``(d) 10-year Limitation on Credit for Use and Reuse.--
       ``(1) In general.--For purposes of paragraph (2) of 
     subsection (a), the credit allowed under such subsection 
     shall be not be applicable to any emissions avoided through 
     the use of greenhouse gas use and reuse equipment installed 
     at a facility following the applicable credit period.
       ``(2) Applicable credit period.--For purposes of paragraph 
     (1), the `applicable credit period' is the 10-year period 
     beginning in the first taxable year in which a credit is 
     allowed under paragraph (2) of subsection (a) for such 
     facility.
       ``(e) Recapture.--The Secretary, in consultation with the 
     Secretary of Energy, shall provide for recapturing the 
     benefit of any credit allowable under subsection (a) with 
     respect to any project which fails to attain or maintain the 
     applicable requirements under this section.
       ``(f) Person to Whom Credit Is Allowable.--
       ``(1) In general.--Except as provided in paragraph (2) or 
     in regulations prescribed by the Secretary, for purposes of 
     paragraph (2) of subsection (a), any credit under such 
     subsection shall be allowed to the taxpayer who--
       ``(A) captures and diverts the qualified greenhouse gas, 
     and
       ``(B) through contract or otherwise, uses or reuses the 
     qualified greenhouse gas in a manner meeting the requirements 
     of subparagraph (B) of subsection (a)(2).
       ``(2) Election to allow credit to person disposing of 
     carbon dioxide.--If the person described in paragraph (1) 
     makes an election under this paragraph in such manner as the 
     Secretary may prescribe by regulations, the credit under this 
     section--
       ``(A) shall be allowable to the person that uses or reuses 
     the qualified greenhouse gas in a manner meeting the 
     requirements of subparagraph (B) of subsection (a)(2), and
       ``(B) shall not be allowable to the person described in 
     paragraph (1).
       ``(g) Applicable Amount.--
       ``(1) In general.--For purposes of paragraph (2) of 
     subsection (a), the applicable amount is--
       ``(A) for calendar year 2016, $45, and
       ``(B) for any calendar year beginning after 2016, the sum 
     of--
       ``(i) the product of the amount in effect under this 
     subparagraph for the preceding calendar year and 102 percent, 
     and
       ``(ii) the inflation adjustment amount determined under 
     paragraph (2).
       ``(2) Inflation adjustment amount.--The inflation 
     adjustment amount for any calendar year shall be an amount 
     (not less than zero) equal to the product of--
       ``(A) the amount determined under paragraph (1)(B)(i), and
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2015' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(3) Rounding.--The applicable amount determined under 
     this subsection shall be rounded to the nearest dollar.
       ``(h) Definitions.--In this section:
       ``(1) Carbon dioxide equivalent.--The term `carbon dioxide 
     equivalent' means, with respect to a greenhouse gas, the 
     quantity of such gas that has a global warming potential 
     equivalent to 1 metric ton of carbon dioxide, as determined 
     by the Administrator of the Environmental Protection Agency.
       ``(2) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given such term under section 211(o)(1)(G) of 
     the Clean Air Act, as in effect on the date of the enactment 
     of this section.
       ``(3) Qualified greenhouse gas.--The term `qualified 
     greenhouse gas' means a greenhouse gas captured from an 
     industrial source which--
       ``(A) would otherwise be released into the atmosphere as 
     industrial emission of greenhouse gas, and
       ``(B) is measured at the source of capture and verified at 
     the point of sequestration.
       ``(4) Use and reuse.--The term `use and reuse' means a 
     process consisting of the biofixation of greenhouse gas 
     through photosynthesis or chemosynthesis, such as through the 
     growing of algae or bacteria.''.
       (c) Conforming Amendments.--
       (1) Table of sections.--The table of sections for subpart D 
     of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45S. Credit for greenhouse gas use and reuse.''.
       (2) General business credit.--Section 38(b) of such Code is 
     amended by striking ``plus'' at the end of paragraph (35), by 
     striking the period at the end of paragraph (36) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(37) the credit for greenhouse gas use and reuse 
     determined under section 45S(a),''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3588. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Requirement.--The Administration of the Transportation 
     Security Administration shall require that the air 
     transportation security program required by section 
     44903(c)(1) of title 49, United States Code, for each covered 
     airport include the following:
       (1) Beginning not more than 30 days after the date of the 
     enactment of this Act, that a State or local law enforcement 
     officer is stationed not more than 300 feet from each 
     passenger screening checkpoint at each covered airport.
       (2) Beginning not more than 180 days after the date of the 
     enactment of this Act, that an explosives detection canine 
     team of a State or local law enforcement agency is assigned 
     to each terminal at each covered airport.
       (b) Technical Support.--The Administrator of the 
     Transportation Security Administration shall provide 
     technical and other support to State or local law enforcement 
     agencies providing the personnel described in paragraph (1) 
     or (2) of subsection (a).
       (c) Covered Airport Defined.--In this section, the term 
     ``covered airport'' means the 25 airports in the United 
     States with the highest numbers of passengers enplaned each 
     year.
       (d) Funding.--Out of funds made available to the 
     Transportation Security Administration for fiscal year 2016, 
     $20,000,000 shall be available for State and local law 
     enforcement agencies, as a transfer of funds, to train, 
     certify, and utilize explosives detection canines.
                                 ______
                                 
  SA 3589. Mr. KING (for himself, Ms. Collins, Ms. Ayotte, Mrs. 
Shaheen, and Ms. Baldwin) submitted an amendment intended to be 
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and 
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR 
                   BIOMASS FUEL PROPERTY EXPENDITURES.

       (a) Allowance of Credit.--Subsection (a) of section 25D of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``and'' at the end of paragraph (4),
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(6) in the case of taxable years beginning before January 
     1, 2021, 30 percent of the qualified biomass fuel property 
     expenditures made by the taxpayer during such year.''.
       (b) Qualified Biomass Fuel Property Expenditures.--
     Subsection (d) of section 25D of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(6) Qualified biomass fuel property expenditure.--
       ``(A) In general.--The term `qualified biomass fuel 
     property expenditure' means an expenditure for property--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and

[[Page S1864]]

       ``(ii) which has a thermal efficiency rating of at least 75 
     percent (measured by the higher heating value of the fuel).
       ``(B) Biomass fuel.--For purposes of this section, the term 
     `biomass fuel' means any plant-derived fuel available on a 
     renewable or recurring basis, including agricultural crops 
     and trees, wood and wood waste and residues, plants 
     (including aquatic plants), grasses, residues, and fibers. 
     Such term includes densified biomass fuels such as wood 
     pellets.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. ____. INVESTMENT TAX CREDIT FOR BIOMASS HEATING 
                   PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (vi), by inserting ``or'' at the 
     end of clause (vii), and by inserting after clause (vii) the 
     following new clause:
       ``(viii) open-loop biomass (within the meaning of section 
     45(c)(3)) heating property, including boilers or furnaces 
     which operate at thermal output efficiencies of not less than 
     65 percent (measured by the higher heating value of the fuel) 
     and which provide thermal energy in the form of heat, hot 
     water, or steam for space heating, air conditioning, domestic 
     hot water, or industrial process heat,''.
       (b) 30-Percent and 15-Percent Credits.--
       (1) Energy percentage.--
       (A) In general.--Subparagraph (A) of section 48(a)(2) of 
     the Internal Revenue Code of 1986 is amended by redesignating 
     clause (ii) as clause (iii) and by inserting after clause (i) 
     the following new clause:
       ``(ii) except as provided in clause (i)(V), 15 percent in 
     the case of energy property described in paragraph 
     (3)(A)(viii), but only with respect to periods ending before 
     January 1, 2021, and''.
       (B) Conforming amendment.--Subparagraph of section 
     48(a)(2)(A)(iii) of such Code, as so redesignated, is amended 
     by inserting ``or (ii)'' after ``clause (i)''.
       (2) Increased credit for greater efficiency.--Clause (i) of 
     section 48(a)(2)(A) of such Code is amended by striking 
     ``and'' at the end of subclause (III) and by inserting after 
     subclause (IV) the following new subclause:

       ``(V) energy property described in paragraph (3)(A)(viii) 
     which operates at a thermal output efficiency of not less 
     than 80 percent (measured by the higher heating value of the 
     fuel), but only with respect to periods ending before January 
     1, 2021,''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2015, in taxable 
     years ending after such date, under rules similar to the 
     rules of section 48(m) of the Internal Revenue Code of 1986 
     (as in effect on the day before the date of the enactment of 
     the Revenue Reconciliation Act of 1990).
                                 ______
                                 
  SA 3590. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 120, line 1, insert ``, or certified commercial 
     operators operating under contract with a public entity,'' 
     after ``systems''.
                                 ______
                                 
  SA 3591. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT FOR AUTOMATED ENTRY AND EXIT SYSTEM AT 
                   NEW OR MODIFIED AIR PORTS OF ENTRY.

       No funds shall be obligated or expended for the physical 
     modification of any existing air navigation facility that is 
     a port of entry, or for the construction of a new air 
     navigation facility intended to be a port of entry, unless 
     the Secretary of Homeland Security certifies that the owner 
     or sponsor of the facility has entered into an agreement that 
     guarantees the installation and implementation of the 
     automated entry and exit system described in section 7208 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (8 U.S.C. 1365b) at such facility not later than two years 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 3592. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike sections 3201, 3202, 3203, and 3204 and insert the 
     following:

     SEC. 3202. REPEAL OF THE ESSENTIAL AIR SERVICE PROGRAM.

       Strike subchapter II of chapter 417.
                                 ______
                                 
  SA 3593. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike sections 3202 and 3203 and insert the following:

     SEC. 3202. REPEAL OF SMALL COMMUNITY AIR SERVICE DEVELOPMENT 
                   PROGRAM.

       Chapter 417 is amended by striking section 41743.
                                 ______
                                 
  SA 3594. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 289, line 7, strike ``$10,000,000'' and insert 
     ``$6,000,000''.
                                 ______
                                 
  SA 3595. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 264, strike lines 3 through 9, and insert the 
     following:
       (2) Considerations.--In conducting the review required by 
     paragraph (1), the Secretary shall take into consideration 
     the refund policy and alternative travel options provided or 
     offered by an air carrier.
                                 ______
                                 
  SA 3596. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 75, beginning on line 11, strike ``integration'' 
     and all that follows and insert the following: ``integration 
     into the national airspace system of small unmanned aircraft 
     systems that are capable of navigating beyond the visual 
     sight of the operator through an automated onboard control 
     system or via a data downlink that provides the operator a 
     virtual means of onboard navigation''.
       On page 80, between lines 11 and 12, insert the following:
       ``(h) Nonapplicability to Model Aircraft.--This section 
     shall not apply to model aircraft, as defined in section 
     44808, and operating in accordance with that section.''.
       On page 99, beginning on line 19, strike ``specific only'' 
     and all that follows through ``model aircraft'' on line 20, 
     and insert the following: ``applicable to an unmanned 
     aircraft operating as a model aircraft or an unmanned 
     aircraft being developed as a model aircraft''.
       On page 100, beginning on line 11, strike ``, where 
     applicable'' and all that follows through ``the operation 
     from each'' on line 15, and insert the following: ``with 
     prior notice, where applicable, and coordinates with the 
     airport air traffic control tower, to the extent practicable, 
     when an air traffic facility is located at the airport, with 
     respect to the operation''.
       On page 101, beginning on line 2, strike ``administered'' 
     and all that follows through ``section 44809'' on line 5, and 
     insert the following: ``developed and administered by the 
     community-based organization for the operation of model 
     aircraft''.
       On page 101, lines 10 and 11, strike ``with government and 
     industry stakeholders, including'' and insert ``the''.
       On page 104, strike lines 1 through 3 and insert the 
     following:
       (1)(A) the individual has successfully completed an 
     aeronautical knowledge and safety test under subsection (c); 
     or
       (B) the individual is operating a model aircraft under 
     section 44808 and has successfully completed an aeronautical 
     knowledge and safety test in accordance with the safety 
     program of the community-based organization described in 
     subsection (a)(7) of that section;
       Beginning on page 106, strike ``introduction'' on line 25 
     and all the follows through ``unmanned'' on page 107, line 1, 
     and insert the following: ``initial retail sale any 
     unmanned''.
                                 ______
                                 
  SA 3597. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to

[[Page S1865]]

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

       Strike section 3110 and insert the following:

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

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall promulgate regulations that require each covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, of any ancillary fees paid by the passenger for a 
     service, as defined and disclosed by the air carrier, that, 
     except as provided in subsection (b), the passenger does not 
     receive, including on the passenger's scheduled flight or, if 
     the flight is rescheduled, a subsequent replacement 
     itinerary.
       (b) Exceptions.--
       (1) Voluntary changes in itinerary.--Subsection (a) shall 
     not apply if a passenger does not receive a service described 
     in that subsection because the passenger voluntarily chose to 
     make changes to the passenger's flight itinerary.
       (2) Extraordinary circumstanes.--An air carrier is not 
     required to provide a refund under subsection (a) with 
     respect to a fee for a service if the carrier is prevented 
     from provide the service by extraordinary circumstances that 
     could not have been avoided by the air carrier even if all 
     reasonable measures had been taken.
                                 ______
                                 
  SA 3598. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 3109 and insert the following:

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue final regulations to require a covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, in the amount of any applicable ancillary fees paid 
     by the passenger if the air carrier has charged the passenger 
     an ancillary fee for checked baggage and, except as provided 
     in subsection (b), the air carrier fails to deliver the 
     checked baggage to the passenger within 24 hours of the time 
     of arrival of the passenger at the passenger's destination.
       (b) Exception.--An air carrier is not required to provide a 
     refund under subsection (a) with respect to checked baggage 
     if the air carrier is prevented from delivering checked 
     baggage by the time specified in subsection (a) by 
     extraordinary circumstances that could not have been avoided 
     by the air carrier even if all reasonable measures had been 
     taken.
                                 ______
                                 
  SA 3599. Mr. CRAPO (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FACILITATE WATER LEASING AND WATER TRANSFERS TO 
                   PROMOTE CONSERVATION AND EFFICIENCY.

       (a) In General.--Paragraph (12) of section 501(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(I) Treatment of mutual ditch irrigation companies.--
       ``(i) In general.--In the case of a mutual ditch or 
     irrigation company or of a like organization to a mutual 
     ditch or irrigation company, subparagraph (A) shall be 
     applied without taking into account any income received or 
     accrued--

       ``(I) from the sale, lease, or exchange of fee or other 
     interests in real property, including interests in water,
       ``(II) from the sale or exchange of stock in a mutual ditch 
     or irrigation company (or in a like organization to a mutual 
     ditch or irrigation company) or contract rights for the 
     delivery or use of water, or
       ``(III) from the investment of proceeds from sales, leases, 
     or exchanges under subclauses (I) and (II),

     except that any income received under subclause (I), (II), or 
     (III) which is distributed or expended for expenses (other 
     than for operations, maintenance, and capital improvements) 
     of the mutual ditch or irrigation company or of the like 
     organization to a mutual ditch or irrigation company (as the 
     case may be) shall be treated as nonmember income in the year 
     in which it is distributed or expended. For purposes of the 
     preceding sentence, expenses (other than for operations, 
     maintenance, and capital improvements) include expenses for 
     the construction of conveyances designed to deliver water 
     outside of the system of the mutual ditch or irrigation 
     company or of the like organization.
       ``(ii) Treatment of organizational governance.--In the case 
     of a mutual ditch or irrigation company or of a like 
     organization to a mutual ditch or irrigation company, where 
     State law provides that such a company or organization may be 
     organized in a manner that permits voting on a basis which is 
     pro rata to share ownership on corporate governance matters, 
     subparagraph (A) shall be applied without taking into account 
     whether its member shareholders have one vote on corporate 
     governance matters per share held in the corporation. Nothing 
     in this clause shall be construed to create any inference 
     about the requirements of this subsection for companies or 
     organizations not included in this clause.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3600. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, 
     shall--
       ``(A) develop a joint plan to carry out the research 
     described in subsection (a); and
       ``(B) submit to Congress a report on such joint plan.''.
                                 ______
                                 
  SA 3601. Mr. MORAN (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 171, line 26, strike the period and insert the 
     following: ``or the acceptance or validation by the FAA of a 
     certificate or design approval of a foreign authority.''.
                                 ______
                                 
  SA 3602. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 215, strike lines 1 through 11, and insert the 
     following:
       (3) Undeveloped defined.--For purposes of paragraph (1)(F), 
     the term ``undeveloped'' means a defined geographic area 
     where the Administrator determines low-flying aircraft are 
     operated on a routine basis, such as low-lying forested areas 
     with predominate tree cover under 200 feet and pasture and 
     range land.
       (4) Other definitions.--The Administrator shall define such 
     other terms as may be necessary to carry out this section.
       (e) Database.--The Administrator shall--
       (1) develop a database that contains the location and 
     height of each covered tower;
       (2) keep the database current to the extent practicable;
       (3) ensure that any proprietary information in the database 
     is protected from disclosure in accordance with law; and
       (4) ensure that, by virtue of accessing the database, users 
     will be deemed to agree and acknowledge--
       (A) that the information will be used for aviation safety 
     purposes only; and

[[Page S1866]]

       (B) not to disclose any such information regardless of 
     whether the information is marked or labeled as proprietary 
     or with a similar designation.
                                 ______
                                 
  SA 3603. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 257, between lines 12 and 13, insert the following:

     SEC. 2606. USE OF GRAPHICS FOR TEMPORARY FLIGHT RESTRICTIONS 
                   IN NOTICES TO AIRMEN AND USE FOR OPERATIONAL 
                   PURPOSES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) incorporate graphics for temporary flight restrictions 
     (TFR) into the notices to airmen (NOTAM) search Internet 
     website; and
       (2) ensure that such graphics are--
       (A) available for operational purposes; and
       (B) recognized as an acceptable source of temporary flight 
     restriction data for flight planning.
       (b) Termination of Previous Internet Website.--After 
     carrying out subsection (a)(1), the Administrator shall 
     terminate the graphic temporary flight restriction Internet 
     website of the Administration that was in effect on the day 
     before the date of the enactment of this Act.
                                 ______
                                 
  SA 3604. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 270, strike lines 2 through 11 and insert the 
     following:
       (a) Rulemaking.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue final regulations to require a covered air carrier to 
     promptly provide an automatic refund or other compensation to 
     a passenger if the covered air carrier--
       (A) has charged the passenger an ancillary fee for checked 
     baggage; and
       (B) fails to deliver the checked baggage to the passenger 
     not later than 6 hours after the arrival of a domestic flight 
     or 12 hours after the arrival of an international flight.
       (2) Choice of compensation.--The final regulations issued 
     under paragraph (1) may allow a passenger to select another 
     form of compensation offered by a covered air carrier in lieu 
     of an automatic refund if the passenger is immediately 
     notified that he or she is entitled to a refund, among the 
     options for compensation.
                                 ______
                                 
  SA 3605. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5023. HELICOPTER NOISE ABATEMENT.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue a final rule setting 
     forth guidelines and regulations relating to stringency 
     standards for Stage 3 noise levels for helicopters that--
       (1) create a requirement to retrofit existing helicopters 
     to comply with Stage 3 noise levels as prescribed in subpart 
     H of part 36 of title 14, Code of Federal Regulations; and
       (2) require the retirement of helicopters not in compliance 
     with Stage 3 noise levels by December 31, 2024.
       (b) Exemptions.--Helicopters utilized for medical purposes 
     or governmental functions (as defined in section 1.1 of title 
     14, Code of Federal Regulations) shall be exempt from the 
     guidelines and regulations required by subsection (a).
       (c) Stage 3 Noise Levels Defined.--In this section, the 
     term ``Stage 3 noise level'' has the meaning given that term 
     in section 36.1 of title 14, Code of Federal Regulations.
                                 ______
                                 
  SA 3606. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 2153(a) and insert the following:
       (a) In General.--Small unmanned aircraft systems may use 
     spectrum for wireless control link, tracking, diagnostics, 
     payload communication, and collaborative-collision avoidance, 
     such as vehicle-to-vehicle communication, and other uses, 
     consistent with the Communications Act of 1934 (47 U.S.C. 151 
     et seq.), Federal Communications Commission rules, and the 
     safety-of-life determination made by the Federal Aviation 
     Administration, and through voluntary commercial arrangements 
     with service providers, whether they are operating within a 
     UTM system under section 2138 of this Act or outside such a 
     system.
                                 ______
                                 
  SA 3607. Ms. HIRONO (for herself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT 
                   SYSTEM.

       Section 40122(g)(2)(B) is amended--
       (1) by inserting ``3304(f),'' before ``3308-3320''; and
       (2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before 
     ``relating''.
                                 ______
                                 
  SA 3608. Ms. HIRONO (for herself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 324, strike line 21, and all that follows through 
     page 325, line 3, and insert the following:
       (c) Application.--The amendments made by this section shall 
     apply with respect to any employee of the Federal Aviation 
     Administration or the Transportation Security Administration 
     hired on or after the date that is 1 year after the date of 
     enactment of this Act.
       (d) Policies and Procedures.--Not later than 270 days after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration and the Administrator of the 
     Transportation Security Administration shall
                                 ______
                                 
  SA 3609. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SPECIAL RULE FOR CERTAIN FACILITIES.

       (a) In General.--Section 45(e) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(12) Special rule for certain qualified facilities.--
       ``(A) In general.--In the case of electricity produced at a 
     qualified facility described in paragraph (3) or (7) of 
     subsection (d) and placed in service before the date of the 
     enactment of this paragraph, a taxpayer may elect to apply 
     subsection (a)(2)(A)(ii) by substituting `the period 
     beginning after December 31, 2016, and ending before January 
     1, 2018' for `the 10-year period beginning on the date the 
     facility was originally placed in service'.
       ``(B) Limitation.--No credit shall be allowed under 
     subsection (a) to any taxpayer making an election under this 
     paragraph with respect to electricity produced and sold at a 
     facility during any period which, when aggregated with all 
     other periods for which a credit is allowed under this 
     section with respect to electricity produced and sold at such 
     facility, is in excess of 10 years.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2017.
                                 ______
                                 
  SA 3610. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 3103 and insert the following:

     SEC. 3103. PROTECTIONS FOR CONSUMERS PURCHASING MULTI-CITY 
                   ITINERARIES.

       (a) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     review whether it is an unfair and deceptive practice

[[Page S1867]]

     under section 41712 of title 49, United States Code, for an 
     air carrier to withhold from consumers any fare options for a 
     flight based on whether that flight is booked as an 
     individual flight or as part of a multi-city itinerary.
       (b) Report to Congress.--Not later than 90 days after the 
     review under subsection (a) is complete, the Secretary shall 
     submit to the appropriate committees of Congress a report on 
     the review under subsection (a), including any 
     recommendations resulting from the review.
       (c) Advisory Committee for Aviation Consumer Protection.--
     The Secretary may use the Advisory Committee for Aviation 
     Consumer Protection, established under section 411 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 42301 prec. note), to assist in conducting the review 
     under subsection (a) and providing recommendations under 
     subsection (b).

     SEC. 3104. ADDITIONAL CONSUMER PROTECTIONS.

       Not later than 180 days after the date that the reviews 
     under sections 3101, 3102, and 3103 of this Act are complete, 
     the Secretary of Transportation shall issue a supplemental 
     notice of proposed rulemaking to its notice of proposed 
     rulemaking published in the Federal Register on May 23, 2014 
     (DOT-OST-2014-0056) (relating to the transparency of airline 
     ancillary fees and other consumer protection issues) to 
     consider the following:
       (1) Requiring an air carrier to provide notification and 
     refunds or other consideration to a consumer who is impacted 
     by delays or cancellations when an air carrier has a choice 
     as to which flights to cancel or delay during a weather-
     related event.
       (2) Requiring an air carrier to provide notification and 
     refunds or other consideration to a consumer who is impacted 
     by involuntary changes to the consumer's itinerary.
       (3) Requiring an air carrier to advertise to consumers all 
     fare options for a flight, regardless of whether that flight 
     is booked as an individual flight or multi-city itinerary.
                                 ______
                                 
  SA 3611. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR AIRPORTS 
                   TO IMPROVE PHYSICAL LAYOUT OF SCREENING 
                   OPERATIONS.

       (a) In General.--The Administrator of the Transportation 
     Security Administration shall establish a pilot program to 
     assess the feasibility and advisability of providing 
     financial assistance to airports to improve the physical 
     layout of screening operations to improve security at 
     airports.
       (b) Financial Assistance.--The Administrator may provide 
     financial assistance under subsection (a) in the form of 
     long-term funding obligations through letters of intent or 
     such other instruments as the Administrator considers 
     appropriate.
       (c) Completion of Pilot Program.--The Administrator shall 
     complete the pilot program before December 31, 2019.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator such sums as may be 
     necessary to carry out this section.
                                 ______
                                 
  SA 3612. Mr. ISAKSON (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 297, between lines 23 and 24, insert the following:
       (3) utilize available resources of the Federal Aviation 
     Administration as needed to support the development and 
     certification of Category III Ground-Based Augmentation 
     System (GBAS) capability and complete the investment decision 
     process for Administration procurement and operation of GBAS 
     capability at the key National Airspace System airports, as 
     per the recommendations of the Performance-Based Airspace 
     Aviation Rulemaking Committee.
                                 ______
                                 
  SA 3613. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3464 submitted by Mr. Thune (for himself and Mr. 
Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 178, strike line 13, and all that follows 
     through page 180, line 15, and insert the following:
       ``(A) Acceptance.--Subject to subparagraph (D), the 
     Administrator may accept an airworthiness directive (as 
     defined in section 39.3 of title 14, Code of Federal 
     Regulations) issued by an aeronautical safety authority of a 
     foreign country, and leverage that aeronautical safety 
     authority's regulatory process, if--
       ``(i) the country is the state of design for the product 
     that is the subject of the airworthiness directive;
       ``(ii) the United States has a bilateral safety agreement 
     relating to aircraft certification with the country;
       ``(iii) as part of the bilateral safety agreement with the 
     country, the Administrator has determined that the 
     aeronautical safety authority has an aircraft certification 
     system relating to safety that produces a level of safety 
     equivalent to the level produced by the system of the Federal 
     Aviation Administration;
       ``(iv) the aeronautical safety authority utilizes an open 
     and transparent public notice and comment process, including 
     considering comments from owners and operators of foreign-
     registered aircraft and other aeronautical products and 
     appliances in the issuance of airworthiness directives; and
       ``(v) the airworthiness directive addresses a specific 
     issue necessary for the safe operation of aircraft subject to 
     the directive.
       ``(B) Alternative approval process.--Notwithstanding 
     subparagraph (A), the Administrator may issue a Federal 
     Aviation Administration airworthiness directive instead of 
     accepting the airworthiness directive issued by the 
     aeronautical safety authority of a foreign country if the 
     Administrator determines that such issuance is necessary for 
     safety or operational reasons due to the complexity or unique 
     features of the Federal Aviation Administration airworthiness 
     directive or the United States aviation system.
       ``(C) Alternative means of compliance.--The Administrator 
     may--
       ``(i) accept an alternative means of compliance, with 
     respect to an airworthiness directive under subparagraph (A), 
     that was approved by the aeronautical safety authority of the 
     foreign country that issued the airworthiness directive; or
       ``(ii) notwithstanding subparagraph (A), and at the request 
     of any person affected by an airworthiness directive under 
     that subparagraph, the Administrator shall consider an 
     alternative means of compliance with respect to the 
     airworthiness directive and may approve such alternative 
     means, if appropriate.
       ``(D) Limitations.--The Administrator may not accept an 
     airworthiness directive issued by an aeronautical safety 
     authority of a foreign country if the airworthiness directive 
     addresses matters other than those involving the safe 
     operation of an aircraft.''.
                                 ______
                                 
  SA 3614. Mr. DAINES (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF CREDITS FOR ELECTRICITY PRODUCED FROM 
                   QUALIFIED HYDROPOWER AND MARINE AND 
                   HYDROKINETIC RENEWABLE ENERGY.

       (a) Qualified Hydropower Facilities.--
       (1) In general.--Clause (ii) of section 45(d)(9)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2017'' and inserting ``January 1, 2020''.
       (2) Conforming amendment.--Subparagraph (C) of section 
     45(d)(9) of such Code is amended by striking ``January 1, 
     2017'' and inserting ``January 1, 2020''.
       (b) Marine and Hydrokinetic Renewable Energy.--Subparagraph 
     (B) of section 45(d)(11) of the Internal Revenue Code of 1986 
     is amended by striking ``January 1, 2017'' and inserting 
     ``January 1, 2020''.
       (c) Election to Treat Qualified Facilities as Energy 
     Property.--Clause (ii) of section 48(a)(5)(C) of the Internal 
     Revenue Code of 1986 is amended by inserting ``, (9), or 
     (11)'' after ``paragraph (1)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2016.
                                 ______
                                 
  SA 3615. Mr. MORAN (for himself and Mr. Coons) submitted an amendment 
intended to be proposed to amendment SA 3464 submitted by Mr. Thune 
(for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP 
                   STRUCTURE TO ENERGY POWER GENERATION PROJECTS, 
                   TRANSPORTATION FUELS, AND RELATED ENERGY 
                   ACTIVITIES.

       (a) In General.--Subparagraph (E) of section 7704(d)(1) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``income and gains derived from the 
     exploration'' and inserting ``income and gains derived from 
     the following:
       ``(i) Minerals, natural resources, etc.--The exploration'',

[[Page S1868]]

       (2) by inserting ``or'' before ``industrial source'',
       (3) by inserting a period after ``carbon dioxide'', and
       (4) by striking ``, or the transportation or storage'' and 
     all that follows and inserting the following:
       ``(ii) Renewable energy.--The generation of electric power 
     (including the leasing of tangible personal property used for 
     such generation) exclusively utilizing any resource described 
     in section 45(c)(1) or energy property described in section 
     48 (determined without regard to any termination date), or in 
     the case of a facility described in paragraph (3) or (7) of 
     section 45(d) (determined without regard to any placed in 
     service date or date by which construction of the facility is 
     required to begin), the accepting or processing of such 
     resource.
       ``(iii) Electricity storage devices.--The receipt and sale 
     of electric power that has been stored in a device directly 
     connected to the grid.
       ``(iv) Combined heat and power.--The generation, storage, 
     or distribution of thermal energy exclusively utilizing 
     property described in section 48(c)(3) (determined without 
     regard to subparagraphs (B) and (D) thereof and without 
     regard to any placed in service date).
       ``(v) Renewable thermal energy.--The generation, storage, 
     or distribution of thermal energy exclusively using any 
     resource described in section 45(c)(1) or energy property 
     described in clause (i) or (iii) of section 48(a)(3)(A).
       ``(vi) Waste heat to power.--The use of recoverable waste 
     energy, as defined in section 371(5) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6341(5)) (as in effect on the 
     date of the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016).
       ``(vii) Renewable fuel infrastructure.--The storage or 
     transportation of any fuel described in subsection (b), (c), 
     (d), or (e) of section 6426.
       ``(viii) Renewable fuels.--The production, storage, or 
     transportation of any renewable fuel described in section 
     211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) 
     (as in effect on the date of the enactment of the Federal 
     Aviation Administration Reauthorization Act of 2016) or 
     section 40A(d)(1).
       ``(ix) Renewable chemicals.--The production, storage, or 
     transportation of any qualifying renewable chemical (as 
     defined in paragraph (6)).
       ``(x) Energy efficient buildings.--The audit and 
     installation through contract or other agreement of any 
     energy efficient building property described in section 
     179D(c)(1).
       ``(xi) Gasification with sequestration.--The production of 
     any product or the generation of electric power from a 
     project that meets the requirements of subparagraphs (A) and 
     (B) of section 48B(c)(1) and that separates and sequesters in 
     secure geological storage (as determined under section 
     45Q(d)(2)) at least 75 percent of such project's total 
     qualified carbon dioxide (as defined in section 45Q(b)).
       ``(xii) Carbon capture and sequestration.--

       ``(I) Power generation facilities.--The generation or 
     storage of electric power (including associated income from 
     the sale or marketing of energy, capacity, resource adequacy, 
     and ancillary services) produced from any power generation 
     facility which is, or from any power generation unit within, 
     a qualified facility described in section 45Q(c) which--

       ``(aa) in the case of a power generation facility or power 
     generation unit placed in service after January 8, 2013, 
     captures 50 percent or more of the qualified carbon dioxide 
     (as defined in section 45Q(b)) of such facility and disposes 
     of such captured qualified carbon dioxide in secure 
     geological storage (as determined under section 45Q(d)(2)), 
     and
       ``(bb) in the case of a power generation facility or power 
     generation unit placed in service before January 9, 2013, 
     captures 30 percent or more of the qualified carbon dioxide 
     (as defined in section 45Q(b)) of such facility and disposes 
     of such captured qualified carbon dioxide in secure 
     geological storage (as determined under section 45Q(d)(2)).

       ``(II) Other facilities.--The sale of any good or service 
     from any facility (other than a power generation facility) 
     which is a qualified facility described in section 45Q(c) and 
     the captured qualified carbon dioxide (as so defined) of 
     which is disposed of in secure geological storage (as 
     determined under section 45Q(d)(2)).''.

       (b) Renewable Chemical.--
       (1) In general.--Section 7704(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Qualifying renewable chemical.--
       ``(A) In general.--The term `qualifying renewable chemical' 
     means any renewable chemical (as defined in section 9001 of 
     the Agriculture Act of 2014)--
       ``(i) which is produced by the taxpayer in the United 
     States or in a territory or possession of the United States,
       ``(ii) which is the product of, or reliant upon, biological 
     conversion, thermal conversion, or a combination of 
     biological and thermal conversion, of renewable biomass (as 
     defined in section 9001(13) of the Farm Security and Rural 
     Investment Act of 2002),
       ``(iii) the biobased content of which is 95 percent or 
     higher,
       ``(iv) which is sold or used by the taxpayer--

       ``(I) for the production of chemical products, polymers, 
     plastics, or formulated products, or
       ``(II) as chemicals, polymers, plastics, or formulated 
     products,

       ``(v) which is not sold or used for the production of any 
     food, feed, or fuel, and
       ``(vi) which is--

       ``(I) acetic acid, acrylic acid, acyl glutamate, adipic 
     acid, algae oils, algae sugars, 1,4-butanediol (BDO), iso-
     butanol, n-butanol, C10 and higher hydrocarbons produced from 
     olefin metathesis, carboxylic acids produced from olefin 
     metathesis, cellulosic sugar, diethyl methylene malonate, 
     dodecanedioic acid (DDDA), esters produced from olefin 
     metathesis, ethyl acetate, ethylene glycol, farnesene, 2,5-
     furandicarboxylic acid, gamma-butyrolactone, glucaric acid, 
     hexamethylenediamine (HMD), 3-hydroxy propionic acid, 
     isoprene, itaconic acid, levulinic acid, polyhydroxyalkonate 
     (PHA), polylactic acid (PLA), polyethylene furanoate (PEF), 
     polyethylene terephthalate (PET), polyitaconic acid, polyols 
     from vegetable oils, poly(xylitan levulinate ketal), 1,3-
     propanediol, 1,2-propanediol, rhamnolipids, succinic acid, 
     terephthalic acid, or p-Xylene, or
       ``(II) any chemical not described in clause (i) which is a 
     chemical listed by the Secretary for purposes of this 
     paragraph.

       ``(B) Biobased content.--For purposes of subparagraph 
     (A)(iii), the term `biobased content percentage' means, with 
     respect to any renewable chemical, the biobased content of 
     such chemical (expressed as a percentage) determined by 
     testing representative samples using the American Society for 
     Testing and Materials (ASTM) D6866.''.
       (2) List of other qualifying renewable chemicals.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of the Treasury (or the Secretary's 
     delegate), in consultation with the Secretary of Agriculture, 
     shall establish a program to consider applications from 
     taxpayers for the listing of chemicals under section 
     7874(d)(6)(A)(vi)(II) (as added by paragraph (1)).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.
                                 ______
                                 
  SA 3616. Mr. HATCH (for himself, Mr. Coats, and Mr. Cardin) submitted 
an amendment intended to be proposed by him to the bill H.R. 636, to 
amend the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NOTICE REQUIRED BEFORE REVOCATION OF TAX EXEMPT 
                   STATUS FOR FAILURE TO FILE RETURN.

       (a) In General.--Section 6033(j) of the Internal Revenue 
     Code of 1986 is amended by redesignating paragraphs (2) and 
     (3) as paragraphs (3) and (4), respectively, and by inserting 
     after paragraph (1) the following new paragraph:
       ``(2) Requirement of notice.--
       ``(A) In general.--Not later than 270 days after the date 
     an organization described in paragraph (1) fails to file the 
     annual return or notice referenced in paragraph (1) for 2 
     consecutive years, the Secretary shall notify the 
     organization--
       ``(i) that the Internal Revenue Service has no record of 
     such a return or notice from such organization for 2 
     consecutive years, and
       ``(ii) about the penalty that will occur under this 
     subsection if the organization fails to file such a return or 
     notice by the date of the next filing deadline.
     The notification under the preceding sentence shall include 
     information about how to comply with the filing requirements 
     under subsection (a)(1) and (i).''.
       (b) Reinstatement Without Application.--Paragraph (3) of 
     section 6033(j) of the Internal Revenue Code of 1986, as 
     redesignated under subsection (a), is amended--
       (1) by striking ``Any organization'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     any organization'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Retroactive reinstatement without application if 
     actual notice not provided.--If an organization described in 
     paragraph (1)--
       ``(i) demonstrates to the satisfaction of the Secretary 
     that the organization did not receive the notice required 
     under paragraph (2), and
       ``(ii) files an annual return or notice referenced in 
     paragraph (1) for the current year,
     then the Secretary may reinstate the organization's exempt 
     status effective from the date of the revocation under 
     paragraph (1) without the need for an application.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to notices and returns required to be filed after 
     December 31, 2015.
                                 ______
                                 
  SA 3617. Mr. HATCH (for himself, Mr. Roberts, Mr. Casey, and Mr. 
Moran) submitted an amendment intended to be proposed by him to the 
bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S1869]]


  

       At the appropriate place, insert the following:

     SEC. ____. CREDIT FOR STATE LICENSURE AND CERTIFICATION COSTS 
                   OF MILITARY SPOUSES ARISING BY REASON OF A 
                   PERMANENT CHANGE IN THE DUTY STATION OF THE 
                   MEMBER OF THE ARMED FORCES TO ANOTHER STATE.

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

     ``SEC. 25E. STATE LICENSURE AND CERTIFICATION COSTS OF 
                   MILITARY SPOUSE ARISING FROM TRANSFER OF MEMBER 
                   OF ARMED FORCES TO ANOTHER STATE.

       ``(a) In General.--In the case of an eligible individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the 
     qualified relicensing costs of such individual which are paid 
     or incurred by the taxpayer during the taxable year.
       ``(b) Maximum Credit.--The credit allowed by this section 
     with respect to each change of duty station shall not exceed 
     $500.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible individual.--The term `eligible individual' 
     means any individual--
       ``(A) who is married to a member of the Armed Forces of the 
     United States at the time that the member moves to another 
     State under a permanent change of station order, and
       ``(B) who moves to such other State with such member.
       ``(2) Qualified relicensing costs.--The term `qualified 
     relicensing costs' means costs--
       ``(A) which are for a license or certification required by 
     the State referred to in paragraph (1) to engage in the 
     profession that such individual engaged in while within the 
     State from which the individual moved, and
       ``(B) which are paid or incurred during the period 
     beginning on the date that the orders referred to in 
     paragraph (1)(A) are issued and ending on the date which is 1 
     year after the reporting date specified in such orders.
       ``(d) Denial of Double Benefit.--The amount of any 
     deduction or other credit allowable under this chapter for 
     any expense taken into account in determining the credit 
     allowed under this section shall be reduced by the amount of 
     the credit under this section.''.
       (b) Clerical Amendment.--The table of sections for such 
     subpart A is amended by inserting after the item relating to 
     section 25D the following new item:

``Sec. 25E. State licensure and certification costs of military spouse 
              arising from transfer of member of Armed Forces to 
              another State.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.
                                 ______
                                 
  SA 3618. Mr. HATCH (for himself, Mr. Heller, and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INVESTMENT CREDIT FOR WASTE HEAT TO POWER 
                   PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (vi), by striking the comma at 
     the end of clause (vii) and inserting ``, or'', and by 
     inserting after clause (vii) the following new clause:
       ``(viii) waste heat to power property,''.
       (b) Waste Heat to Power Property.--Subsection (c) of 
     section 48 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new paragraph:
       ``(5) Waste heat to power property.--
       ``(A) In general.--The term `waste heat to power property' 
     means property--
       ``(i) comprising a system which generates electricity 
     through the recovery of a qualified waste heat resource, and
       ``(ii) which is placed in service before January 1, 2018.
       ``(B) Qualified waste heat resource.--The term `qualified 
     waste heat resource' means--
       ``(i) exhaust heat or flared gas from an industrial process 
     that does not have, as its primary purpose, the production of 
     electricity, and
       ``(ii) a pressure drop in any gas for an industrial or 
     commercial process.
       ``(C) Limitations.--
       ``(i) In general.--For purposes of subsection (a)(1), the 
     basis of any waste heat to power property taken into account 
     under this section shall not exceed the excess of--

       ``(I) the basis of such property, over
       ``(II) the fair market value of comparable property which 
     does not have the capacity to capture and convert a qualified 
     waste heat resource to electricity.

       ``(ii) Capacity limitation.--The term `waste heat to power 
     property' shall not include any property comprising a system 
     if such system has a capacity in excess of 50 megawatts.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, in taxable years ending after such date, under 
     rules similar to the rules of section 48(m) of the Internal 
     Revenue Code of 1986 (as in effect on the day before the date 
     of the enactment of the Revenue Reconciliation Act of 1990).
                                 ______
                                 
  SA 3619. Mr. HATCH (for himself, Mr. Thune, and Mr. Menendez) 
submitted an amendment intended to be proposed by him to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS 
                   HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS 
                   HOLDINGS.

       (a) In General.--Section 4943 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(g) Exception for Certain Philanthropic Business 
     Holdings.--
       ``(1) In general.--Subsection (a) shall not apply with 
     respect to the holdings of a private foundation in any 
     business enterprise which for the taxable year meets--
       ``(A) the exclusive ownership requirements of paragraph 
     (2),
       ``(B) the all profits to charity requirement of paragraph 
     (3), and
       ``(C) the independent operation requirements of paragraph 
     (4).
       ``(2) Exclusive ownership.--The exclusive ownership 
     requirements of this paragraph are met if--
       ``(A) all ownership interests in the business enterprise 
     are held by the private foundation at all times during the 
     taxable year, and
       ``(B) all the private foundation's ownership interests in 
     the business enterprise were acquired under the terms of a 
     will or trust upon the death of the testator or settlor, as 
     the case may be.
       ``(3) All profits to charity.--
       ``(A) In general.--The all profits to charity requirement 
     of this paragraph is met if the business enterprise, not 
     later than 120 days after the close of the taxable year, 
     distributes an amount equal to its net operating income for 
     such taxable year to the private foundation.
       ``(B) Net operating income.--For purposes of this 
     paragraph, the net operating income of any business 
     enterprise for any taxable year is an amount equal to the 
     gross income of the business enterprise for the taxable year, 
     reduced by the sum of--
       ``(i) the deductions allowed by chapter 1 for the taxable 
     year which are directly connected with the production of such 
     income,
       ``(ii) the tax imposed by chapter 1 on the business 
     enterprise for the taxable year, and
       ``(iii) an amount for a reasonable reserve for working 
     capital and other business needs of the business enterprise.
       ``(4) Independent operation.--The independent operation 
     requirements of this paragraph are met if, at all times 
     during the taxable year--
       ``(A) no substantial contributor (as defined in section 
     4958(c)(3)(C)) to the private foundation, or family member of 
     such a contributor (determined under section 4958(f)(4)), is 
     a director, officer, trustee, manager, employee, or 
     contractor of the business enterprise (or an individual 
     having powers or responsibilities similar to any of the 
     foregoing),
       ``(B) at least a majority of the board of directors of the 
     private foundation are individuals other than individuals who 
     are either--
       ``(i) directors or officers of the business enterprise, or
       ``(ii) members of the family (determined under section 
     4958(f)(4)) of a substantial contributor (as defined in 
     section 4958(c)(3)(C)) to the private foundation, and
       ``(C) there is no loan outstanding from the business 
     enterprise to a substantial contributor (as so defined) to 
     the private foundation or a family member of such contributor 
     (as so determined).
       ``(5) Certain deemed private foundations excluded.--This 
     subsection shall not apply to--
       ``(A) any fund or organization treated as a private 
     foundation for purposes of this section by reason of 
     subsection (e) or (f),
       ``(B) any trust described in section 4947(a)(1) (relating 
     to charitable trusts), and
       ``(C) any trust described in section 4947(a)(2) (relating 
     to split-interest trusts).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.
                                 ______
                                 
  SA 3620. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; as follows:

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

     SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.

       Section 47113(a)(1) is amended to read as follows:
       ``(1) `small business concern'--
       ``(A) except as provided in subparagraph (B), has the same 
     meaning given that term

[[Page S1870]]

     in section 3 of the Small Business Act (15 U.S.C. 632); and
       ``(B) in the case of a concern in the construction 
     industry, a concern shall be considered a small business 
     concern if the concern meets the size standard for the North 
     American Industry Classification System Code 237310, as 
     adjusted by the Small Business Administration;''.
                                 ______
                                 
  SA 3621. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SECURING AIRCRAFT AVIONICS SYSTEMS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall consider revising Federal Aviation 
     Administration regulations regarding airworthiness 
     certification--
       (1) to address cybersecurity for avionics systems, 
     including software components; and
       (2) to require that aircraft avionics systems used for 
     flight guidance or aircraft control be secured against 
     unauthorized access via passenger in-flight entertainment 
     systems through such means as the Administrator determines 
     appropriate to protect the avionics systems from unauthorized 
     external and internal access.
       (b) Consideration.--The Administrator's consideration and 
     any action taken under subsection (a) shall be in accordance 
     with the recommendations of the Aircraft Systems Information 
     Security Protection Working Group under section 5029(d) of 
     this Act.
       On page 354, between lines 16 and 17, insert the following:
       (3) In-flight entertainment systems review.--As part of its 
     review under subparagraphs (A) and (B) of paragraph (2), the 
     working group shall review the cybersecurity risks of in-
     flight entertainment systems to consider whether such systems 
     can and should be isolated and separate from systems required 
     for safe flight and operations, including reviewing standards 
     for air gaps or other means determined appropriate.
       On page 354, line 17, strike ``(3)'' and insert ``(4)''.
       On page 354, line 23, strike ``(4)'' and insert ``(5)''.
       On page 355, line 9, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 3622. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 45, after line 20, add the following:

     SEC. 1223. PUBLIC-PRIVATE WORKING GROUP ON IMPROVING AIR 
                   TRAVEL FOR FAMILIES.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     and the Administrator of the Federal Aviation Administration 
     shall establish a public-private working group (in this 
     section referred to as the ``working group'')--
       (1) to examine current policies and practices of airports 
     and air carriers for accommodating the needs of traveling 
     families and pregnant women; and
       (2) to develop recommendations for improving air travel for 
     families and pregnant women.
       (b) Considerations.--In carrying out the requirements under 
     subsection (a), the working group shall--
       (1) review current air carrier, security screening, and 
     airport policies and practices for accommodating families and 
     pregnant women;
       (2) identify best practices and innovations for easing 
     travel for families with children or older adults and 
     pregnant women;
       (3) propose improvements to security screening procedures 
     that minimize the instances requiring parents to be separated 
     from their children;
       (4) suggest accommodations and changes that should be made 
     in airports for pregnant passengers and pregnant workers, 
     such as access to clean nursing rooms;
       (5) suggest accommodations and changes that should be made 
     in airports for new parents traveling with young children, 
     including play areas for children;
       (6) recommend improvements for on-boarding and off-boarding 
     for pregnant women and families traveling with children or 
     older adults, including advance boarding, and to ensure that 
     families travel together in the aircraft cabin, to the extent 
     possible;
       (7) identify initiatives for ensuring all relevant 
     stakeholders, including airport operators and air carriers, 
     have the latest information regarding the effect of air 
     transportation on the health needs of pregnant women and 
     young children; and
       (8) consider such other issues as the working group 
     considers appropriate for improving the overall travel 
     experience for families and pregnant women.
       (c) Membership.--Members of the working group shall be 
     appointed by the Administrator and shall include 
     representatives of--
       (1) the Department of Transportation;
       (2) the Federal Aviation Administration;
       (3) the Administration for Children and Families of the 
     Department of Health and Human Services;
       (4) the Transportation Security Administration;
       (5) other relevant agencies;
       (6) nongovernmental organizations that represent women and 
     families caring for children or older adults;
       (7) consumer advocacy groups;
       (8) airports or organizations that represent airports; and
       (9) air carriers.
       (d) Report and Recommendations.--Not later than one year 
     after the date of the enactment of this Act, the Secretary 
     and the Administrator shall submit to the appropriate 
     committees of Congress, and release on a publicly accessible 
     website, a report that includes--
       (1) an overview of the working group's findings;
       (2) a description of the working group's recommendations 
     for airport operators and air carriers; and
       (3) any policy recommendations for improving air travel for 
     families and pregnant women.
       (e) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the working group.
       (f) Termination.--The working group shall terminate on the 
     date that is 2 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3623. Mr. WHITEHOUSE (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; as follows:

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

                        PART IV--OPERATOR SAFETY

     SEC. 2161. SHORT TITLE.

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

     SEC. 2162. FINDINGS; SENSE OF CONGRESS.

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

     SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

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

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

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

[[Page S1871]]

       ``(B) the length of which extends parallel to the runway's 
     centerline to points that are 1 statute mile from each end of 
     the runway and the width of which is \1/2\ statute mile.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of title 18, United States Code, is amended by inserting 
     after the item relating to section 39A the following:

``39B. Unsafe operation of unmanned aircraft.''.
                                 ______
                                 
  SA 3624. Mr. SCHATZ (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ENERGY CREDIT FOR BATTERY STORAGE TECHNOLOGY.

       (a) In General.--Subclause (II) of section 48(a)(2)(A)(i) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (viii) 
     of paragraph (3)(A)''.
       (b) Battery Storage Technology.--Subparagraph (A) of 
     section 48(a)(3) of the Internal Revenue Code of 1986 is 
     amended by striking ``or'' at the end of clause (vi), by 
     adding ``or'' at the end of clause (vii), and by adding at 
     the end the following new clause:
       ``(viii) battery storage technology,''.
       (c) Phaseout of Credit.--Paragraph (6) of section 48(a) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``solar'' in the heading and inserting 
     ``certain'', and
       (2) by striking ``paragraph (3)(A)(i)'' both places it 
     appears and inserting ``clause (i) or (viii) of paragraph 
     (3)(A)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2015.

     SEC. ____. RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR 
                   BATTERY STORAGE TECHNOLOGY.

       (a) In General.--Subsection (a) of section 25D of the 
     Internal Revenue Code of 1986 is amended by striking ``and'' 
     at the end of paragraph (4), by striking the period at the 
     end of paragraph (5) and inserting ``, and'', and by adding 
     at the end the following new paragraph:
       ``(6) 30 percent of the qualified battery storage 
     technology expenditures made by the taxpayer during such 
     year.''.
       (b) Qualified Battery Storage Technology Expenditure.--
     Subsection (d) of section 25D of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(6) Qualified battery storage technology expenditure.--
     The term `qualified battery storage technology expenditure' 
     means an expenditure for battery storage technology installed 
     on or in connection with a dwelling unit located in the 
     United States and used as a residence by the taxpayer.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2015.
                                 ______
                                 
  SA 3625. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 149, line 8, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.

       On page 150, line 17, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.
                                 ______
                                 
  SA 3626. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 222, line 9, insert ``, aviation safety 
     engineers,'' after ``specialists''.
                                 ______
                                 
  SA 3627. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SECURING AIRCRAFT AVIONICS SYSTEMS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall consider revising Federal Aviation 
     Administration regulations regarding airworthiness 
     certification--
       (1) to address cybersecurity for avionics systems, 
     including software components; and
       (2) to require that aircraft avionics systems used for 
     flight guidance or aircraft control be secured against 
     unauthorized access via passenger in-flight entertainment 
     systems through such means as the Administrator determines 
     appropriate to protect the avionics systems from unauthorized 
     external and internal access.
       (b) Consideration.--The Administrator's consideration and 
     any action taken under subsection (a) shall be in accordance 
     with the recommendations of the Aircraft Systems Information 
     Security Protection Working Group under section 5029(d) of 
     this Act.

       On page 354, between lines 16 and 17, insert the following:
       (3) In-flight entertainment systems review.--As part of its 
     review under subparagraphs (A) and (B) of paragraph (2), the 
     working group shall review the cybersecurity risks of in-
     flight entertainment systems to consider whether such systems 
     can and should be isolated and separate from systems required 
     for safe flight and operations, including reviewing standards 
     for air gaps or other means determined appropriate.
       On page 354, line 17, strike ``(3)'' and insert ``(4)''.
       On page 354, line 23, strike ``(4)'' and insert ``(5)''.
       On page 355, line 9, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 3628. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5032. REDUCTION OF ENERGY CONSUMPTION, EMISSIONS, AND 
                   NOISE FROM CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall establish a research program related to 
     reducing civilian aircraft energy use, emissions, and source 
     noise with equivalent safety through grants or other 
     measures, which shall include cost-sharing authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Establishment of Consortium.--
       (1) Designation as consortium.--The Administrator shall 
     designate, using a competitive process, one or more 
     institutions or entities described in paragraph (2), to be 
     known as a ``Government led Consortium for Continuous Lower 
     Energy, Emissions, and Noise'' or ``CLEEN'', to perform 
     research in accordance with this section.
       (2) Participation.--The Administrator shall include 
     educational and research institutions or private sector 
     entities that have existing facilities and experience for 
     developing and testing noise, emissions, and energy reduction 
     engine and aircraft technology, and developing alternative 
     fuels, in the research program required by subsection (a) to 
     fulfill the performance objectives specified in subsection 
     (c).
       (3) Coordination mechanisms.--In conducting the research 
     program required by subsection (a), the consortium designated 
     under paragraph (1) shall--
       (A) coordinate its activities with the Department of 
     Agriculture, the Department of Defense, the Department of 
     Energy, the National Aeronautics and Space Administration, 
     and other relevant Federal agencies; and
       (B) consult on a regular basis with the Commercial Aviation 
     Alternative Fuels Initiative.
       (c) Performance Objectives.--Not later than January 1, 
     2021, the Administrator shall seek to ensure that the 
     research program required subsection (a) supports the 
     following objectives for civil subsonic airplanes:
       (1) Certifiable aircraft technology that reduces aircraft 
     fuel burn 40 percent relative to year 2000 best-in-class in-
     service aircraft.
       (2) Certifiable engine technology that reduces landing and 
     takeoff cycle nitrogen oxide emissions by 70 percent over the 
     International Civil Aviation Organization standard adopted in 
     2011.
       (3) Certifiable aircraft technology that reduces noise 
     levels by 32 decibels cumulatively, relative to the Stage 4 
     standard, or reduces the noise contour area in absolute 
     terms.
       (4) The feasibility of use of drop-in alternative jet fuels 
     in aircraft and engine systems, including successful 
     demonstration and quantification of benefits, advancement of 
     fuel testing capability, and support for fuel evaluation.
       (d) Certifiable Defined.--In this section, the term 
     ``certifiable'' means the technology has been demonstrated to 
     Technology Readiness Level 6 or 7, and there are no foreseen 
     issues that would prevent certification to existing 
     standards.
                                 ______
                                 
  SA 3629. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an

[[Page S1872]]

amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5032. REDUCTION OF ENERGY CONSUMPTION, EMISSIONS, AND 
                   NOISE FROM CIVILIAN AIRCRAFT.

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

     SEC. 5033. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
                   TECHNOLOGY FOR CIVIL AIRCRAFT.

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, 
     shall--
       ``(A) develop a joint plan to carry out the research 
     described in subsection (a); and
       ``(B) submit to Congress a report on such joint plan.''.
                                 ______
                                 
  SA 3630. Ms. HIRONO (for herself, Ms. Murkowski, Mr. Schatz, and Mr. 
Sullivan) submitted an amendment intended to be proposed to amendment 
SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) to the bill 
H.R. 636, to amend the Internal Revenue Code of 1986 to permanently 
extend increased expensing limitations, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCEPTIONS TO RESTRUCTURING OF PASSENGER FEE.

       (a) In General.--Section 44940(c) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``Fees imposed'' and 
     inserting ``Except as provided in paragraph (2), fees 
     imposed'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Exceptions.--Fees imposed under subsection (a)(1) may 
     not exceed $2.50 per enplanement, and the total amount of 
     such fees may not exceed $5.00 per one-way trip, for 
     passengers--
       ``(A) boarding to an eligible place under subchapter II of 
     chapter 417 for which essential air service compensation is 
     paid under that subchapter; or
       ``(B) on flights, including flight segments, between 2 or 
     more points in Hawaii or 2 or more points in Alaska.''.
       (b) Implementation of Fee Exceptions.--The Secretary of 
     Homeland Security shall implement the fee exceptions under 
     the amendments made by subsection (a)--
       (1) beginning on the date that is 30 days after the date of 
     the enactment of this Act; and
       (2) through the publication of notice of the fee exceptions 
     in the Federal Register, notwithstanding section 9701 of 
     title 31, United States Code, and the procedural requirements 
     of section 553 of title 5, United States Code.
                                 ______
                                 
  SA 3631. Mr. THUNE (for Mr. Paul) submitted an amendment intended to 
be proposed to amendment SA 3464 submitted by Mr. Thune (for himself 
and Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

                     Subtitle G--Arm All Pilots Act

     SEC. 2701. SHORT TITLE.

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

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

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

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

       (2) by adding at the end the following:

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

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

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

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

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

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

       ``(I) initial training of not more than 5 days for a pilot 
     to be deputized as a Federal flight deck officer;
       ``(II) the pilot to be physically present at the training 
     facility for not more than 2 days of such training; and

[[Page S1873]]

       ``(III) not more than 3 days of such training to be in the 
     form of certified online training administered by the 
     Department of Homeland Security.

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

       ``(I) recurrent training of not more than 2 days, not more 
     frequently than once every 5 years, for a pilot to maintain 
     deputization as a Federal flight deck officer;
       ``(II) the pilot to be physically present at the training 
     facility for a full-day training session for not more than 
     one day of such training; and
       ``(III) not more than one day of such training to be in the 
     form of certified online training administered by the 
     Department of Homeland Security.''.

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

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

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

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

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

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

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

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

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

     SEC. 2707. TECHNICAL CORRECTIONS.

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

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

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

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

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

     SEC. 2710. REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall prescribe 
     such regulations as may be necessary to carry out this Act 
     and the amendments made by this Act.
                                 ______
                                 
  SA 3632. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which

[[Page S1874]]

was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Transportation Security Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Exit lane breach control technology.--The term ``exit 
     lane breach control technology'' refers to any automated 
     system, or series of systems, designed to monitor exit points 
     from an airport sterile area.
       (4) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling)
       (b) Standards and Requirements.--
       (1) Initial requirement.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator shall 
     develop standards and requirements for the use of exit lane 
     breach control technology at airports.
       (2) Qualified product list.--The Administrator shall 
     establish, publically post, and maintain a qualified product 
     list of exit land breach control technology that shall 
     includes all previously-approved systems.
       (c) Benefits for Airports Using Exit Lane Breach Control 
     Technology.--
       (1) Eligibility for benefits.--If an airport deploys, on a 
     nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) and the deployment results in the need for 
     fewer employees of the Administration to monitor exit points 
     from an airport sterile area, the airport's Federal security 
     director may reallocate such employees to other 
     transportation security missions, including passenger 
     screening, within that airport if the Administrator certifies 
     that the reallocation will not negatively impact the security 
     of that airport.
       (2) No loss of administration employees.--
       (A) In general.--The Administrator may not decrease, under 
     the Staffing Allocation Model, any successor allocation 
     process, or any other circumstances, the number of employees 
     of the Administration assigned to an airport that deploys, on 
     a nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) on the basis that the deployment results in 
     the need for fewer such employees to provide security for 
     sterile areas of the airport.
       (B) Minimum staffing levels.--Subject to subparagraph (C), 
     if an airport is eligible for the Administrator to reallocate 
     employees under paragraph (1), the Administrator--
       (i) shall determine the minimum number of full-time 
     equivalent employees of the Administration required for that 
     airport prior to the deployment of the exit lane breach 
     control technology; and
       (ii) may not allocate a number of employees of the 
     Administration for that airport for any year that is less 
     than such minimum number.
       (C) Waiver of minimum staffing levels.--If the 
     Administrator has determined a minimum number of full-time 
     equivalent employees of the Administration required for an 
     airport under subparagraph (B)(i), the Administrator may only 
     allocate a number of employees of the Administration for that 
     airport that is less than such minimum number if the total 
     passenger count for that airport in any 6-month period 
     declines more than 5 percent compared to the same 6-month 
     period during the preceding calendar year.
       (D) Notification to congress.--The Administrator shall 
     notify the appropriate committees of Congress, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     and the Committee on Homeland Security of the House of 
     Representatives not less than 45 days prior to making an 
     allocation authorized under subparagraph (C).
       (d) Responsibility for Monitoring Passenger Exit Points.--
     If an airport is eligible for the Administrator to reallocate 
     employees under subsection (c)(1), the Administrator shall 
     have met the responsibility of the Administration to monitor 
     passenger exit points required by subsection (n) of section 
     44903 of title 49, United States Code.
                                 ______
                                 
  SA 3633. Mr. NELSON (for himself and Mr. Coats) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; as follows:

       Beginning on page 204, strike line 21 and all that follows 
     through page 206, line 9, and insert the following:
       (a) Restrictions on Transportation of Lithium Batteries on 
     Aircraft.--
       (1) Adoption of icao instructions.--
       (A) In general.--Pursuant to section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), 
     not later than 90 days after the date of enactment of this 
     Act, the Secretary of the Department of Transportation shall 
     conform United States regulations on the air transport of 
     lithium ion cells and batteries with the lithium cells and 
     battery requirements in the 2015-2016 edition of the 
     International Civil Aviation Organization's (referred to in 
     this subsection as ``ICAO'') Technical Instructions (to 
     include all addenda) including the revised standards adopted 
     by ICAO which became effective on April 1, 2016.
       (B) Further proceedings.--Beginning on the date the revised 
     regulations under subparagraph (A) are published in the 
     Federal Register, any lithium cell and battery rulemaking 
     action or update commenced on or after that date shall 
     continue to comply with the requirements under section 828 of 
     the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
       (2) Review of other regulations.--Pursuant to section 828 
     of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
     44701 note), the Secretary of Transportation may initiate a 
     review of other existing regulations regarding the air 
     transportation, including passenger-carrying and cargo 
     aircraft, of lithium batteries and cells.
       (3) Medical device batteries.--
       (A) In general.--For United States applicants, the 
     Secretary of Transportation shall consider and either grant 
     or deny, within 45 days, applications submitted in compliance 
     with part 107 of title 49, Code of Federal Regulations for 
     special permits or approvals for air transportation of 
     lithium ion cells or batteries specifically used by medical 
     devices. Not later than 30 days after the date of 
     application, the Pipeline and Hazardous Materials Safety 
     Administration shall provide a draft special permit based on 
     the application to the Federal Aviation Administration. The 
     Federal Aviation Administration shall conduct an on-site 
     inspection for issuance of the special permit not later than 
     10 days after the date of receipt of the draft special permit 
     from the Pipeline and Hazardous Materials Safety 
     Administration.
       (B) Definition of medical device.--In this paragraph, the 
     term ``medical device'' has the meaning given the term 
     ``device'' in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       (4) Savings clause.--Nothing in this section shall be 
     construed as expanding or constricting any other authority 
     the Secretary of Transportation has under section 828 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
                                 ______
                                 
  SA 3634. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 5013.
                                 ______
                                 
  SA 3635. Mr. BOOZMAN (for himself, Mr. Warner, and Mr. Bennet) 
submitted an amendment intended to be proposed to amendment SA 3464 
submitted by Mr. Thune (for himself and Mr. Nelson) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                     TITLE _--VETERANS TAX FAIRNESS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Combat-Injured Veterans 
     Tax Fairness Act of 2016''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) Approximately 10,000 to 11,000 individuals are retired 
     from service in the Armed Forces for medical reasons each 
     year.
       (2) Some of such individuals are separated from service in 
     the Armed Forces for combat-related injuries (as defined in 
     section 104(b)(3) of the Internal Revenue Code of 1986).
       (3) Congress has recognized the tremendous personal 
     sacrifice of veterans with combat-related injuries by, among 
     other things, specifically excluding from taxable income 
     severance pay received for combat-related injuries.
       (4) Since 1991, the Secretary of Defense has improperly 
     withheld taxes from severance pay for wounded veterans, thus 
     denying them their due compensation and a significant benefit 
     intended by Congress.
       (5) Many veterans owed redress are beyond the statutory 
     period to file an amended tax return because they were not or 
     are not aware that taxes were improperly withheld.

     SEC. __03. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX 
                   PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS 
                   WITH COMBAT-RELATED INJURIES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) identify--
       (A) the severance payments--
       (i) that the Secretary paid after January 17, 1991;
       (ii) that the Secretary computed under section 1212 of 
     title 10, United States Code;

[[Page S1875]]

       (iii) that were not considered gross income pursuant to 
     section 104(a)(4) of the Internal Revenue Code of 1986; and
       (iv) from which the Secretary withheld amounts for tax 
     purposes; and
       (B) the individuals to whom such severance payments were 
     made; and
       (2) with respect to each person identified under paragraph 
     (1)(B), provide--
       (A) notice of--
       (i) the amount of severance payments in paragraph (1)(A) 
     which were improperly withheld for tax purposes; and
       (ii) such other information determined to be necessary by 
     the Secretary of Treasury to carry out the purposes of this 
     section; and
       (B) instructions for filing amended tax returns to recover 
     the amounts improperly withheld for tax purposes.
       (b) Extension of Limitation on Time for Credit or Refund.--
       (1) Period for filing claim.--If a claim for credit or 
     refund under section 6511(a) of the Internal Revenue Code of 
     1986 relates to a specified overpayment, the 3-year period of 
     limitation prescribed by such subsection shall not expire 
     before the date which is 1 year after the date the 
     information return described in subsection (a)(2) is filed. 
     The allowable amount of credit or refund of a specified 
     overpayment shall be determined without regard to the amount 
     of tax paid within the period provided in section 6511(b)(2).
       (2) Specified overpayment.--For purposes of paragraph (1), 
     the term ``specified overpayment'' means an overpayment 
     attributable to a severance payment described in subsection 
     (a)(1).

     SEC. __04. REQUIREMENT THAT SECRETARY OF DEFENSE ENSURE 
                   AMOUNTS ARE NOT WITHHELD FOR TAX PURPOSES FROM 
                   SEVERANCE PAYMENTS NOT CONSIDERED GROSS INCOME.

       The Secretary of Defense shall take such actions as may be 
     necessary to ensure that amounts are not withheld for tax 
     purposes from severance payments made by the Secretary to 
     individuals when such payments are not considered gross 
     income pursuant to section 104(a)(4) of the Internal Revenue 
     Code of 1986.

     SEC. __05. REPORT TO CONGRESS.

       (a) In General.--After completing the identification 
     required by section __03(a) and not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the appropriate committees of 
     Congress a report on the actions taken by the Secretary to 
     carry out this Act.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) The number of individuals identified under section 
     __03(a)(1)(B).
       (2) Of all the severance payments described in section 
     __03(a)(1)(A), the aggregate amount that the Secretary 
     withheld for tax purposes from such payments.
       (3) A description of the actions the Secretary plans to 
     take to carry out section __04.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Finance of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Ways and Means of the 
     House of Representatives.
                                 ______
                                 
  SA 3636. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
                   FOR THE PUBLIC BENEFIT.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Many volunteer pilots fly for the public benefit for 
     nonprofit organizations and provide valuable services to 
     communities and individuals in need.
       (B) In each calendar year volunteer pilots and the 
     nonprofit organizations those pilots fly for provide long-
     distance, no-cost transportation for tens of thousands of 
     people during times of special need. Flights provide patient 
     and medical transport, disaster relief, and humanitarian 
     assistance, and conduct other charitable missions that 
     benefit the public.
       (C) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during and following disasters and during 
     other times of national emergency.
       (D) Most other kinds of volunteers are protected from 
     liability by the Volunteer Protection Act of 1997 (42 U.S.C. 
     14501 et seq.), but volunteer pilots are not.
       (2) Purposes.--The purposes of this section are, by 
     amending the Volunteer Protection Act of 1997--
       (A) to extend the protection of that Act to volunteer 
     pilots;
       (B) to promote the activities of volunteer pilots and the 
     nonprofit organizations those pilots fly for in providing 
     flights for the public benefit; and
       (C) to sustain and enhance the availability of the services 
     that such pilots and nonprofit organizations provide, 
     including--
       (i) transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis;
       (ii) flights for humanitarian and charitable purposes; and
       (iii) other flights of compassion.
       (b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Section 4 of the Volunteer Protection Act of 1997 
     (42 U.S.C. 14503) is amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) in subsection (a), by striking ``subsections (b) and 
     (d)'' and inserting ``subsections (b), (c), and (e)''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Except as provided in subsections (c) and (e), no 
     volunteer of a volunteer pilot nonprofit organization that 
     arranges flights for public benefit shall be liable for harm 
     caused by an act or omission of the volunteer on behalf of 
     the organization if, at the time of the act or omission, the 
     volunteer--
       ``(1) was operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(2) was properly licensed and insured for the operation 
     of the aircraft;
       ``(3) was in compliance with all requirements of the 
     Federal Aviation Administration for recent flight experience; 
     and
       ``(4) did not cause the harm through willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer.''.
                                 ______
                                 
  SA 3637. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXTENSION OF INDIAN COAL PRODUCTION TAX CREDIT.

       (a) In General.--Section 45(e)(10)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``11-year 
     period'' each place it appears and inserting ``14-year 
     period''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to coal produced and sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.
                                 ______
                                 
  SA 3638. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Collaboration Between Federal Aviation Administration 
     in Department of Defense Required.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration and the Secretary of Defense shall collaborate 
     on developing ground-based sense and avoid (GBSAA) and 
     airborne sense and avoid (ABSAA) capabilities for unmanned 
     aircraft systems (UAS).
       (2) Elements.--The collaboration required by paragraph (1) 
     shall include the following:
       (A) Assisting the Administrator in safely integrating 
     unmanned aircraft systems and manned aircraft in the national 
     airspace system.
       (B) Building upon Air Force and Department of Defense 
     experience to speed the development of civil standards, 
     policies, and procedures for expediting unmanned aircraft 
     systems integration.
       (C) Assisting in the development of civil unmanned aircraft 
     airworthiness certification, development of airborne and 
     ground-based sense and avoid capabilities for unmanned 
     aircraft systems, and research and development on unmanned 
     aircraft systems, especially with respect to matters 
     involving human factors, information assurance, and security.
       (b) Participation by Federal Aviation Administration in 
     Department of Defense Activities.--
       (1) In general.--The Administrator may participate and 
     provide assistance for participation in test and evaluation 
     efforts of the Department of Defense, including the Air 
     Force, relating to ground-based sense and avoid and airborne 
     sense and avoid capabilities for unmanned aircraft systems.
       (2) Participation through centers of excellence and test 
     sites.--Participation under paragraph (1) may include 
     provision of assistance through the Unmanned Aircraft Systems 
     Center of Excellence and Unmanned Aircraft Systems Test 
     Sites.

[[Page S1876]]

  

                                 ______
                                 
  SA 3639. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 3464 submitted by Mr. 
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OBSTRUCTION EVALUATION AERONAUTICAL STUDIES.

       The Secretary of Transportation may implement the policy 
     set forth in the notice of proposed policy entitled 
     ``Proposal To Consider the Impact of One Engine Inoperative 
     Procedures in Obstruction Evaluation Aeronautical 7 Studies'' 
     published by the Department of Transportation on April 28, 
     2014 (79 Fed. Reg. 23300), only if the policy is adopted 
     pursuant to a notice and comment rulemaking.

                          ____________________