Congressional Record publishes “TEXT OF AMENDMENTS” on March 11, 2010

Volume 156, No. 35 covering the 2nd Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

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“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Commerce was published in the Senate section on pages S1465-S1478 on March 11, 2010.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 3466. Mr. KAUFMAN (for Mr. Dodd) proposed an amendment to the bill H.R. 2194, to amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the

``Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2009''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of Congress regarding illicit nuclear activities and violations of human rights in Iran.

TITLE I--SANCTIONS

Sec. 101. Definitions.

Sec. 102. Expansion of sanctions under the Iran Sanctions Act of 1996.

Sec. 103. Economic sanctions relating to Iran.

Sec. 104. Liability of parent companies for violations of sanctions by foreign subsidiaries.

Sec. 105. Prohibition on procurement contracts with persons that export sensitive technology to Iran.

Sec. 106. Increased capacity for efforts to combat unlawful or terrorist financing.

Sec. 107. Reporting requirements.

Sec. 108. Sense of Congress regarding the imposition of sanctions on the Central Bank of Iran.

Sec. 109. Policy of the United States regarding Iran's Revolutionary

Guard Corps and its affiliates.

Sec. 110. Policy of the United States with respect to Iran and

Hezbollah.

Sec. 111. Sense of Congress regarding the imposition of multilateral sanctions with respect to Iran.

TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

Sec. 201. Definitions.

Sec. 202. Authority of State and local governments to divest from certain companies that invest in Iran.

Sec. 203. Safe harbor for changes of investment policies by asset managers.

Sec. 204. Sense of Congress regarding certain ERISA plan investments.

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF

SENSITIVE ITEMS TO IRAN

Sec. 301. Definitions.

Sec. 302. Identification of locations of concern with respect to transshipment, reexportation, or diversion of certain items to Iran.

Sec. 303. Destinations of Possible Diversion Concern and Destinations of Diversion Concern.

Sec. 304. Report on expanding diversion concern system to countries other than Iran.

TITLE IV--EFFECTIVE DATE; SUNSET

Sec. 401. Effective date; sunset.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The illicit nuclear activities of the Government of Iran and its support for international terrorism represent threats to the security of the United States, its strong ally Israel, and other allies of the United States around the world.

(2) The United States and other responsible countries have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability.

(3) The International Atomic Energy Agency has repeatedly called attention to Iran's illicit nuclear activities and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to cease those activities and comply with its obligations under the Treaty on Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the

``Nuclear Non-Proliferation Treaty'').

(4) The serious and urgent nature of the threat from Iran demands that the United States work together with its allies to prevent Iran from acquiring a nuclear weapons capability.

(5) The United States and its major European allies, including the United Kingdom, France, and Germany, have advocated that sanctions be strengthened should international diplomatic efforts fail to achieve verifiable suspension of Iran's uranium enrichment program and an end to its illicit nuclear activities.

(6) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that conduct business activities in the energy sector of Iran, since such business activities may directly or indirectly support the efforts of the Government of Iran to achieve a nuclear weapons capability.

(7) Black market proliferation networks continue to flourish in the Middle East, allowing countries like Iran to gain access to sensitive dual-use technologies.

(8) The Government of Iran continues to engage in serious, systematic, and ongoing violations of human rights and religious freedom, including illegitimate prolonged detention, torture, and executions. Such violations have increased in the aftermath of the presidential election in Iran on June 12, 2009.

SEC. 3. SENSE OF CONGRESS REGARDING ILLICIT NUCLEAR

ACTIVITIES AND VIOLATIONS OF HUMAN RIGHTS IN

IRAN.

It is the sense of Congress that--

(1) international diplomatic efforts to address Iran's illicit nuclear efforts and support for international terrorism are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran;

(2) additional measures should be adopted by the United States to prevent the diversion and transshipment of sensitive dual-use technologies to Iran;

(3) the concerns of the United States regarding Iran are strictly the result of the actions of the Government of Iran;

(4) the people of the United States--

(A) have a long history of friendship and exchange with the people of Iran;

(B) regret that developments in recent decades have created impediments to that friendship;

(D) remain deeply concerned about continuing human rights abuses in Iran;

(5) the President should--

(A) continue to press the Government of Iran to respect the internationally recognized human rights and religious freedoms of its citizens;

(B) identify the officials of the Government of Iran that are responsible for continuing and severe violations of human rights and religious freedom in Iran; and

(i) prohibiting officials the President identifies as being responsible for such violations from entry into the United States; and

(ii) freezing the assets of those officials; and

(6) additional funding should be provided to the Secretary of State to document, collect, and disseminate information about human rights abuses in Iran, including serious abuses that have taken place since the presidential election in Iran conducted on June 12, 2009.

TITLE I--SANCTIONS

SEC. 101. DEFINITIONS.

In this title:

(1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(3) Executive agency.--The term ``executive agency'' has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

(4) Family member.--The term ``family member'' means, with respect to an individual, the spouse, children, grandchildren, or parents of the individual.

(5) Information and informational materials.--The term

``information and informational materials'' includes publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.

(6) Investment.--The term ``investment'' has the meaning given that term in section 14(9) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(7) Iranian diplomats and representatives of other government and military or quasi-governmental institutions of iran.--The term ``Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran'' has the meaning given that term in section 14(11) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(8) Medical device.--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).

(9) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

SEC. 102. EXPANSION OF SANCTIONS UNDER THE IRAN SANCTIONS ACT

OF 1996.

(a) In General.--Section 5 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by striking subsection (a) and inserting the following:

``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran, Production of Refined Petroleum Products in Iran, and Exportation of Refined Petroleum Products to Iran.--

``(1) Development of petroleum resources of iran.--

``(A) In general.--Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) with respect to a person if the President determines that the person, with actual knowledge, on or after the effective date of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2009--

``(i) makes an investment described in subparagraph (B) of

$20,000,000 or more; or

``(ii) makes a combination of investments described in subparagraph (B) in a 12-month period if each such investment is at least $5,000,000 and such investments equal or exceed

$20,000,000 in the aggregate.

``(B) Investment described.--An investment described in this subparagraph is an investment that directly and significantly contributes to the enhancement of Iran's ability to develop petroleum resources.

``(2) Production of refined petroleum products.--

``(A) In general.--Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) (in addition to any other sanctions imposed under this subsection) with respect to a person if the President determines that the person, with actual knowledge, on or after the effective date of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2009, sells, leases, or provides to Iran any goods, services, technology, information, or support described in subparagraph (B)--

``(i) any of which has a fair market value of $200,000 or more; or

``(ii) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more.

``(B) Goods, services, technology, information, or support described.--Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Iran's domestic production of refined petroleum products, including any assistance with respect to construction, modernization, or repair of petroleum refineries.

``(3) Exportation of refined petroleum products to iran.--

``(i) provides Iran with refined petroleum products--

``(I) that have a fair market value of $200,000 or more; or

``(II) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more; or

``(ii) sells, leases, or provides to Iran any goods, services, technology, information, or support described in subparagraph (B)--

``(I) any of which has a fair market value of $200,000 or more; or

``(II) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more.

``(B) Goods, services, technology, information, or support described.--Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the enhancement of Iran's ability to import refined petroleum products, including--

``(i) underwriting or otherwise providing insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;

``(ii) financing or brokering such sale, lease, or provision; or

``(iii) providing ships or shipping services to deliver refined petroleum products to Iran.''.

(b) Description of Sanctions.--Section 6 of such Act is amended--

(1) by striking ``The sanctions to be imposed on a sanctioned person under section 5 are as follows:'' and inserting the following:

``(a) In General.--The sanctions to be imposed on a sanctioned person under subsections (a)(1) and (b) of section 5 are as follows:''; and

(2) by adding at the end the following:

``(b) Additional Sanctions.--The sanctions to be imposed on a sanctioned person under paragraphs (2) and (3) of section 5(a) are as follows:

``(1) Foreign exchange.--The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange by the sanctioned person.

``(2) Banking transactions.--The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person.

``(3) Property transactions.--The President shall, pursuant to such regulations as the President may prescribe and subject to the jurisdiction of the United States, prohibit any person from--

``(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property with respect to which the sanctioned person has any interest;

``(B) dealing in or exercising any right, power, or privilege with respect to such property; or

``(C) conducting any transactions involving such property.''.

(c) Report Relating to Presidential Waiver.--Section 9(c)(2) of such Act is amended by striking subparagraph (C) and inserting the following:

``(C) an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be--

``(i) develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or

``(ii) acquire or develop--

``(I) chemical, biological, or nuclear weapons or related technologies; or

``(II) destabilizing numbers and types of advanced conventional weapons; and''.

(d) Clarification and Expansion of Definitions.--Section 14 of such Act is amended--

(1) in paragraph (13)(B)--

(A) by inserting ``financial institution, insurer, underwriter, guarantor, and any other business organization, including any foreign subsidiary, parent, or affiliate thereof,'' after ``trust,''; and

(B) by inserting ``, such as an export credit agency'' before the semicolon at the end;

(2) in paragraph (14), by striking ``petroleum and natural gas resources'' and inserting ``petroleum, refined petroleum products, oil or liquefied natural gas, natural gas resources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas'';

(3) by redesignating paragraphs (15) and (16) as paragraphs

(16) and (17), respectively; and

(4) by inserting after paragraph (14) the following:

``(15) Refined petroleum products.--The term `refined petroleum products' means diesel, gasoline, jet fuel

(including naphtha-type and kerosene-type jet fuel), and aviation gasoline.''.

(e) Conforming Amendment.--Section 4 of such Act is amended--

(1) in subsection (b)(2), by striking ``(in addition to that provided in subsection (d))'';

(2) by striking subsection (d); and

(3) by redesignating subsections (e) and (f) as subsections

(d) and (e), respectively.

SEC. 103. ECONOMIC SANCTIONS RELATING TO IRAN.

(a) In General.--Notwithstanding any other provision of law, and in addition to any other sanction in effect, beginning on the date that is 15 days after the effective date of this Act, the economic sanctions described in subsection (b) shall apply with respect to Iran.

(b) Sanctions.--The sanctions described in this subsection are the following:

(1) Prohibition on imports.--

(A) In general.--Except as provided in subparagraph (B), no article of Iranian origin may be imported directly or indirectly into the United States.

(B) Exception.--The prohibition in subparagraph (A) does not apply to imports from Iran of information and informational materials.

(2) Prohibition on exports.--

(A) In general.--Except as provided in subparagraph (B), no article of United States origin may be exported directly or indirectly to Iran.

(B) Exceptions.--The prohibition in subparagraph (A) does not apply to exports to Iran of--

(i) agricultural commodities, food, medicine, or medical devices;

(ii) articles exported to Iran to provide humanitarian assistance to the people of Iran;

(iii) except as provided in subparagraph (C), information or informational materials;

(iv) goods, services, or technologies necessary to ensure the safe operation of commercial passenger aircraft produced in the United States if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations promulgated by the Secretary of the Treasury regarding the exportation of such goods, services, or technologies, if appropriate; or

(v) goods, services, or technologies that--

(I) are provided to the International Atomic Energy Agency and are necessary to support activities of that Agency in Iran;

(II) are necessary to support activities, including the activities of nongovernmental organizations, relating to promoting democracy in Iran; or

(III) the President determines to be necessary to the national interest of the United States.

(B)(iii), information and informational materials of United States origin may not be exported directly or indirectly to Iran--

(i) if the exportation of such information or informational materials is otherwise controlled--

(I) under section 5 of the Export Administration Act of 1979 (50 U.S.C. App. 2404) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); or

(II) under section 6 of that Act (50 U.S.C. App. 2405), to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States; or

(ii) if such information or informational materials are information or informational materials with respect to which acts are prohibited by chapter 37 of title 18, United States Code.

(3) Freezing assets.--

(A) In general.--At such time as the United States has access to the names of persons in Iran, including Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran

(including Iran's Revolutionary Guard Corps and its affiliates), that satisfy the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or are otherwise subject to sanctions under any other provision of law, the President shall take such action as may be necessary to freeze, as soon as possible, the funds and other assets belonging to anyone so named and any family members or associates of those so named to whom assets or property of those so named were transferred on or after January 1, 2009. The action described in the preceding sentence includes requiring any United States financial institution that holds funds and assets of a person so named to report promptly to the Office of Foreign Assets Control information regarding such funds and assets.

(B) Asset reporting requirement.--Not later than 14 days after a decision is made to freeze the property or assets of any person under this paragraph, the President shall report the name of such person to the appropriate congressional committees. Such a report may contain a classified annex.

(4) United states government contracts.--The head of an executive agency may not procure, or enter into a contract for the procurement of, any goods or services from a person that meets the criteria for the imposition of sanctions under section 5 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(1) determines that such a waiver is in the national interest of the United States; and

(2) submits to the appropriate congressional committees a report describing the reasons for the determination.

SEC. 104. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF

SANCTIONS BY FOREIGN SUBSIDIARIES.

(a) Definitions.--In this section:

(1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, or other organization.

(2) Own or control.--The term ``own or control'' means, with respect to an entity--

(A) to hold more than 50 percent of the equity interest by vote or value in the entity;

(B) to hold a majority of seats on the board of directors of the entity; or

(3) Subsidiary.--The term ``subsidiary'' means an entity that is owned or controlled, directly or indirectly, by a United States person.

(4) United states person.--The term ``United States person'' means--

(A) a natural person who is a citizen, resident, or national of the United States; and

(B) an entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own or control the entity.

(b) In General.--A United States person shall be subject to a penalty for a violation of the provisions of Executive Order 12959 (50 U.S.C. 1701 note) or Executive Order 13059

(50 U.S.C. 1701 note), or any other prohibition on transactions with respect to Iran imposed under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), if--

(1) the President determines, pursuant to such regulations as the President may prescribe, that the United States person establishes or maintains a subsidiary outside of the United States for the purpose of circumventing such provisions; and

(2) that subsidiary engages in an act that, if committed in the United States or by a United States person, would violate such provisions.

(1) determines that such a waiver is in the national interest of the United States; and

(2) submits to the appropriate congressional committees a report describing the reasons for the determination.

(d) Effective Date.--

(1) In general.--Subsection (b) shall take effect on the date of the enactment of this Act and apply with respect to acts described in subsection (b)(2) that are--

(A) commenced on or after the date of the enactment of this Act; or

(B) except as provided in paragraph (2), commenced before such date of enactment, if such acts continue on or after such date of enactment.

(2) Exception.--Subsection (b) shall not apply with respect to an act described in paragraph (1)(B) by a subsidiary owned or controlled by a United States person if the United States person divests or terminates its business with the subsidiary not later than 90 days after the date of the enactment of this Act.

SEC. 105. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS

THAT EXPORT SENSITIVE TECHNOLOGY TO IRAN.

(a) In General.--Notwithstanding any other provision of law, and pursuant to such regulations as the President may prescribe, the head of an executive agency may not enter into or renew a contract for the procurement of goods or services with a person that exports sensitive technology to Iran.

(b) Waiver.--The President may waive the application of the prohibition under subsection (a) if the President--

(1) determines that such a waiver is in the national interest of the United States; and

(2) submits to Congress a report describing the reasons for the determination.

(c) Sensitive Technology Defined.--The term ``sensitive technology'' means hardware, software, telecommunications equipment, or any other technology that the President determines is to be used specifically--

(1) to restrict the free flow of unbiased information in Iran; or

(2) to disrupt, monitor, or otherwise restrict speech of the people of Iran.

SEC. 106. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL

OR TERRORIST FINANCING.

(a) Finding.--Congress finds that the work of the Office of Terrorism and Financial Intelligence of the Department of the Treasury, which includes the Office of Foreign Assets Control and the Financial Crimes Enforcement Network, is critical to ensuring that the international financial system is not used for purposes of supporting terrorism and developing weapons of mass destruction.

(b) Authorization of Appropriations for Office of Terrorism and Financial Intelligence.--There are authorized to be appropriated to the Secretary of the Treasury for the Office of Terrorism and Financial Intelligence--

(1) $64,611,000 for fiscal year 2010; and

(2) such sums as may be necessary for each of the fiscal years 2011 and 2012.

(c) Authorization of Appropriations for the Financial Crimes Enforcement Network.--Section 310(d)(1) of title 31, United States Code, is amended by striking ``such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005'' and inserting ``$104,260,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 and 2012''.

SEC. 107. REPORTING REQUIREMENTS.

(a) Report on Investment and Activities That May Be Sanctionable Under Iran Sanctions Act of 1996.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report containing--

(A) a description of--

(i) any foreign investments of $20,000,000 or more that contribute directly and significantly to the enhancement of Iran's ability to develop petroleum resources made during the period described in paragraph (2);

(ii) any sale, lease, or provision to Iran during the period described in paragraph (2) of any goods, services, technology, information, or support that would facilitate the maintenance or expansion of Iran's domestic production of refined petroleum products; and

(iii) any refined petroleum products provided to Iran during the period described in paragraph (2) and any other activity that could contribute directly and significantly to the enhancement of Iran's ability to import refined petroleum products during that period;

(B) with respect to each investment or other activity described in subparagraph (A), an identification of--

(i) the date or dates of the investment or activity;

(ii) the steps taken by the United States to respond to the investment or activity;

(iii) the name and United States domiciliary of any person that participated or invested in or facilitated the investment or activity; and

(iv) any Federal Government contracts to which any person referred to in clause (iii) are parties; and

(C) the determination of the President with respect to whether each such investment or activity qualifies as a sanctionable offense under section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(2) Period described.--The period described in this paragraph is the period beginning on January 1, 2009, and ending on the date on which the President submits the report under paragraph (1).

(b) Subsequent Reports.--Not later than 1 year after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees an updated version of the report required under subsection (a) that contains the information required under that subsection for the 180-day period preceding the submission of the updated report.

(c) Form of Reports; Publication.--A report submitted under subsection (a) or (b) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be published in the Federal Register.

SEC. 108. SENSE OF CONGRESS REGARDING THE IMPOSITION OF

SANCTIONS ON THE CENTRAL BANK OF IRAN.

Congress urges the President, in the strongest terms, to consider immediately using the authority of the President to impose sanctions on the Central Bank of Iran and any other Iranian bank engaged in proliferation activities or support of terrorist groups.

SEC. 109. POLICY OF THE UNITED STATES REGARDING IRAN'S

REVOLUTIONARY GUARD CORPS AND ITS AFFILIATES.

It is the sense of Congress that the United States should--

(1) continue to target Iran's Revolutionary Guard Corps persistently with economic sanctions for its support for terrorism, its role in proliferation, and its oppressive activities against the people of Iran; and

(2) impose sanctions, including travel restrictions, sanctions authorized pursuant to this Act, and the full range of sanctions available to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), on--

(A) any foreign individual or entity that is an agent, alias, front, instrumentality, official, or affiliate of Iran's Revolutionary Guard Corps and is designated for the imposition of sanctions by the President;

(B) any individual or entity who--

(i) has provided material support to Iran's Revolutionary Guard Corps or any of its affiliates designated for the imposition of sanctions by the President; or

(ii) has conducted any financial or commercial transaction with Iran's Revolutionary Guard Corps or any of its affiliates so designated; and

(i) to be providing material support to Iran's Revolutionary Guard Corps or any of its affiliates designated for the imposition of sanctions by the President; or

(ii) to have conducted any commercial transaction or financial transaction with Iran's Revolutionary Guard Corps or any of its affiliates so designated.

SEC. 110. POLICY OF THE UNITED STATES WITH RESPECT TO IRAN

AND HEZBOLLAH.

It is the sense of Congress that the United States should--

(1) continue to counter support received by Hezbollah from the Government of Iran and other foreign governments in response to Hezbollah's terrorist activities and the threat Hezbollah poses to Israel, the democratic sovereignty of Lebanon, and the national security interests of the United States;

(2) impose the full range of sanctions available to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) on Hezbollah, its designated affiliates and supporters, and persons providing Hezbollah with commercial, financial, or other services;

(3) urge the European Union, individual countries in Europe, and other countries to classify Hezbollah as a terrorist organization to facilitate the disruption of Hezbollah's operations; and

(4) renew international efforts to disarm Hezbollah and disband its militias in Lebanon, as called for by United Nations Security Council Resolutions 1559 (2004) and 1701

(2006).

SEC. 111. SENSE OF CONGRESS REGARDING THE IMPOSITION OF

MULTILATERAL SANCTIONS WITH RESPECT TO IRAN.

It is the sense of Congress that--

(1) in general, multilateral sanctions are more effective than unilateral sanctions at achieving desired results from countries such as Iran;

(2) the President should continue to work with allies of the United States to impose such sanctions as may be necessary to prevent the Government of Iran from acquiring a nuclear weapons capability; and

(3) the United States should continue to consult with the 5 permanent members of the United Nations Security Council and Germany (commonly referred to as the ``P5-plus-1'') and other interested countries regarding imposing new sanctions with respect to Iran in the event that diplomatic efforts to prevent Iran from acquiring a nuclear weapons capability fail.

TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

SEC. 201. DEFINITIONS.

In this title:

(1) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources or nuclear power.

(2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(3) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran.

(4) Person.--The term ``person'' means--

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(B) any governmental entity or instrumentality of a government, including a multilateral development institution

(as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and

(5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(6) State or local government.--The term ``State or local government'' includes--

(A) any State and any agency or instrumentality thereof;

(B) any local government within a State, and any agency or instrumentality thereof;

(D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST

FROM CERTAIN COMPANIES THAT INVEST IN IRAN.

(a) Sense of Congress.--It is the sense of Congress that the United States Government should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of the State or local government in, a person that engages in investment activities in the energy sector of Iran, as long as that country is subject to economic sanctions imposed by the United States.

(b) Authority To Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c).

(c) Investment Activities Described.--A person engages in investment activities in Iran described in this subsection if the person--

(1) has an investment of $20,000,000 or more in the energy sector of Iran, including in a person that provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or

(2) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran.

(d) Requirements.--Any measure taken by a State or local government under subsection (b) shall meet the following requirements:

(1) Notice.--The State or local government shall provide written notice to each person to which a measure is to be applied.

(2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1).

(3) Opportunity for hearing.--The State or local government shall provide an opportunity to comment in writing to each person to which a measure is to be applied. If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person.

(4) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c).

(e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure.

(f) Nonpreemption.--A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation.

(g) Definitions.--In this section:

(1) Investment.--The ``investment'' of assets, with respect to a State or local government, includes--

(A) a commitment or contribution of assets;

(B) a loan or other extension of credit; and

(2) Assets.--

(A) In general.--Except as provided in subparagraph (B), the term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government.

(B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(h) Effective Date.--

(1) In general.--Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act.

(2) Notice requirements.--Subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act.

SEC. 203. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY

ASSET MANAGERS.

(a) In General.--Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as follows:

``(1) In general.--Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that the investment company determines, using credible information available to the public--

``(A) conduct or have direct investments in business operations in Sudan described in section 3(d) of the Sudan Accountability and Divestment Act of 2007 (50 U.S.C. 1701 note); or

``(B) engage in investment activities in Iran described in section 202(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2009.''.

(b) SEC Regulations.--Not later than 120 days after the date of the enactment of this Act, the Securities and Exchange Commission shall issue any revisions the Commission determines to be necessary to the regulations requiring disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 to include divestments of securities in accordance with paragraph (1)(B) of such section, as added by subsection (a).

SEC. 204. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN

INVESTMENTS.

It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines engages in investment activities in Iran described in section 202(c) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104), if--

(1) the fiduciary makes such determination using credible information that is available to the public; and

(2) such divestment or avoidance of investment is conducted in accordance with section 2509.08-1 of title 29, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF

SENSITIVE ITEMS TO IRAN

SEC. 301. DEFINITIONS.

In this title:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) End-user.--The term ``end-user'' means an end-user as that term is used in the Export Administration Regulations.

(3) Export administration regulations.--The term ``Export Administration Regulations'' means subchapter C of chapter VII of title 15, Code of Federal Regulations.

(4) Government.--The term ``government'' includes any agency or instrumentality of a government.

(5) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran.

(6) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to--

(A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor thereto);

(B) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

(22 U.S.C. 2371(a)).

(7) Transshipment, reexportation, or diversion.--The term

``transshipment, reexportation, or diversion'' means the exportation, directly or indirectly, of items that originated in the United States to an end-user whose identity cannot be verified or to an entity in Iran in violation of the laws or regulations of the United States by any means, including by--

(A) shipping such items through 1 or more foreign countries; or

(B) by using false information regarding the country of origin of such items.

SEC. 302. IDENTIFICATION OF LOCATIONS OF CONCERN WITH RESPECT

TO TRANSSHIPMENT, REEXPORTATION, OR DIVERSION

OF CERTAIN ITEMS TO IRAN.

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the Secretary of Commerce, the Secretary of State, the Secretary of the Treasury, and the appropriate congressional committees a report that identifies all countries that the Director determines are of concern with respect to transshipment, reexportation, or diversion of items subject to the provisions of the Export Administration Regulations to an entity in Iran.

SEC. 303. DESTINATIONS OF POSSIBLE DIVERSION CONCERN AND

DESTINATIONS OF DIVERSION CONCERN.

(a) Destinations of Possible Diversion Concern.--

(1) Designation.--The Secretary of Commerce shall designate a country as a Destination of Possible Diversion Concern if the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, determines that such designation is appropriate to carry out activities to strengthen the export control systems of that country based on criteria that include--

(A) the volume of items that originated in the United States that are transported through the country to end-users whose identities cannot be verified;

(B) the inadequacy of the export and reexport controls of the country;

(D) the unwillingness or inability of the government of the country to cooperate with the United States in interdiction efforts.

(2) Strengthening export control systems of destinations of possible diversion concern.--If the Secretary of Commerce designates a country as a Destination of Possible Diversion Concern under paragraph (1), the United States shall initiate government-to-government activities described in paragraph

(3) to strengthen the export control systems of the country.

(3) Government-to-government activities described.--The government-to-government activities described in this paragraph include--

(A) cooperation by agencies and departments of the United States with counterpart agencies and departments in a country designated as a Destination of Possible Diversion Concern under paragraph (1) to--

(i) develop or strengthen export control systems in the country;

(ii) strengthen cooperation and facilitate enforcement of export control systems in the country; and

(iii) promote information and data exchanges among agencies of the country and with the United States; and

(B) efforts by the Office of International Programs of the Department of Commerce to strengthen the export control systems of the country to--

(i) facilitate legitimate trade in high-technology goods; and

(ii) prevent terrorists and state sponsors of terrorism, including Iran, from obtaining nuclear, biological, and chemical weapons, defense technologies, components for improvised explosive devices, and other defense items.

(b) Destinations of Diversion Concern.--

(1) Designation.--The Secretary of Commerce shall designate a country as a Destination of Diversion Concern if the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, determines--

(A) that the government of the country allows substantial transshipment, reexportation, or diversion of items that originated in the United States to end-users whose identities cannot be verified or to entities in Iran; or

(B) 12 months after the Secretary of Commerce designates the country as a Destination of Possible Diversion Concern under subsection (a)(1), that the country has failed--

(i) to cooperate with the government-to-government activities initiated by the United States under subsection

(a)(2); or

(ii) based on the criteria described in subsection (a)(1), to adequately strengthen the export control systems of the country.

(2) Licensing controls with respect to destinations of diversion concern.--

(A) Report on suspect items.--

(i) In general.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Director of National Intelligence, the Secretary of State, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report containing a list of items that, if the items were transshipped, reexported, or diverted to Iran, could contribute to--

(I) Iran obtaining nuclear, biological, or chemical weapons, defense technologies, components for improvised explosive devices, or other defense items; or

(II) support by Iran for acts of international terrorism.

(ii) Considerations for list.--In developing the list required under clause (i), the Secretary of Commerce shall consider--

(I) the items subject to licensing requirements under section 742.8 of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling) and other existing licensing requirements; and

(II) the items added to the list of items for which a license is required for exportation to North Korea by the final rule of the Bureau of Export Administration of the Department of Commerce issued on June 19, 2000 (65 Fed. Reg. 38148; relating to export restrictions on North Korea).

(B) Licensing requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall require a license to export an item on the list required under subparagraph (A)(i) to a country designated as a Destination of Diversion Concern.

(C) Waiver.--The President may waive the imposition of the licensing requirement under subparagraph (B) with respect to a country designated as a Destination of Diversion Concern if the President--

(i) determines that such a waiver is in the national interest of the United States; and

(ii) submits to the appropriate congressional committees a report describing the reasons for the determination.

(c) Termination of Designation.--The designation of a country as a Destination of Possible Diversion Concern or a Destination of Diversion Concern shall terminate on the date on which the Secretary of Commerce determines, based on the criteria described in subparagraphs (A) through (D) of subsection (a)(1), and certifies to Congress and the President that the country has adequately strengthened the export control systems of the country to prevent transshipment, reexportation, and diversion of items through the country to end-users whose identities cannot be verified or to entities in Iran.

(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 304. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO

COUNTRIES OTHER THAN IRAN.

Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Commerce, the Secretary of State, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that--

(1) identifies any country that the Director determines may be transshipping, reexporting, or diverting items subject to the provisions of the Export Administration Regulations to another country if such other country--

(A) is seeking to obtain nuclear, biological, or chemical weapons, defense technologies, components for improvised explosive devices, or other defense items; or

(B) provides support for acts of international terrorism; and

(2) assesses the feasability and advisability of expanding the system established under section 303 for designating countries as Destinations of Possible Diversion Concern and Destinations of Diversion Concern to include countries identified under paragraph (1).

TITLE IV--EFFECTIVE DATE; SUNSET

SEC. 401. EFFECTIVE DATE; SUNSET.

(a) Effective Date.--Except as provided in sections 104, 202, and 303(b)(2), the provisions of, and amendments made by, this Act shall take effect on the date that is 120 days after the date of the enactment of this Act.

(b) Sunset.--The provisions of this Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that--

(1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism under--

(A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor thereto);

(B) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

(22 U.S.C. 2371(a)); and

(2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

______

SA 3467. Mr. REID (for himself and Mr. Ensign) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 364, between lines 17 and 18, insert the following:

SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS

VEGAS MCCARRAN INTERNATIONAL AIRPORT ENVIRONS

OVERLAY DISTRICT FOR TRANSIENT LODGING AND

ASSOCIATED FACILITIES.

(a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b), Clark County, Nevada, is authorized to permit transient lodging, including hotels, and associated facilities, including enclosed auditoriums, concert halls, sports arenas, and places of public assembly, on lands in the Las Vegas McCarran International Airport Environs Overlay District that fall below the forecasted 2017 65 dB day-night annual average noise level (DNL), as identified in the Noise Exposure Map Notice published by the Federal Aviation Administration in the Federal Register on July 24, 2007 (72 Fed. Reg. 40357), and adopted into the Clark County Development Code in June 2008.

(b) Limitation.--No structure may be permitted under subsection (a) that would constitute a hazard to air navigation, result in an increase to minimum flight altitudes, or otherwise pose a significant adverse impact on airport or aircraft operations.

______

SA 3468. Mr. REID submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 262, strike line 18 and all that follows through

``or transfer'' on page 263, line 4, and insert the following:

(2) in subsection (c)--

(A) in paragraph (2)(A)(i), by striking ``purpose'' and inserting the following: ``purpose, which includes serving as noise buffer land that may be--

``(I) undeveloped; or

``(II) developed in a way that is compatible with using the land for noise buffering purposes;'';

(B) in paragraph (2)(B)(iii), by striking ``paid to the Secretary for deposit in the Fund if another eligible project does not exist.'' and inserting ``reinvested in another project at the airport or transferred to another airport as the Secretary prescribes.'';

(D) by inserting after paragraph (2) the following:

``(3)(A) A lease by an airport owner or operator of land acquired for a noise compatibility purpose using a grant provided under this subchapter shall not be considered a disposal for purposes of paragraph (2).

``(B) The airport owner or operator may use revenues from a lease described in subparagraph (A) for ongoing airport operational and capital purposes.

``(C) The Administrator of the Federal Aviation Administration shall coordinate with each airport owner or operator to ensure that leases described in subparagraph (A) are consistent with noise buffering purposes.

``(D) The provisions of this paragraph apply to all land acquired before, on, or after the date of the enactment of this paragraph.

``(4) In approving the reinvestment or transfer

______

SA 3469. Mr. REID submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 489, after line 8, add the following:

SEC. 7__. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL

AIRPORT.

(a) Definitions.--In this section:

(1) County.--The term ``County'' means Clark County, Nevada.

(2) Public land.--The term ``public land'' means the land located at--

(A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount Diablo Meridian;

(B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian, together with the SE \1/4\ of sec. 31, T. 24 S., R. 59 E., Mount Diablo Meridian; and

(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(b) Land Conveyance.--

(1) In general.--As soon as practicable after the date described in paragraph (2), subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the public land.

(2) Date on which conveyance may be made.--The Secretary shall not make the conveyance described in paragraph (1) until the later of the date on which the Administrator of the Federal Aviation Administration has--

(A) approved an airport layout plan for an airport to be located in the Ivanpah Valley; and

(B) with respect to the construction and operation of an airport on the site conveyed to the County pursuant to section 2(a) of the Ivanpah Valley Airport Public Lands Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a record of decision after the preparation of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3) Withdrawal.--Subject to valid existing rights, the public land to be conveyed under paragraph (1) is withdrawn from--

(A) location, entry, and patent under the mining laws; and

(B) operation of the mineral leasing and geothermal leasing laws.

(4) Use.--The public land conveyed under paragraph (1) shall be used for the development of flood mitigation infrastructure for the Southern Nevada Supplemental Airport.

______

SA 3470. Mr. FEINGOLD (for himself, Mr. Coburn, Mr. Brown of Ohio, and Mr. McCain) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; as follows:

At the end, insert the following:

TITLE _.--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL

REPORTING REQUIREMENT

SEC. _01. DEFINITION.

In this title, the term ``earmark'' means the following:

(1) A congressionally directed spending item, as defined in Rule XLIV of the Standing Rules of the Senate.

(2) A congressional earmark, as defined for purposes of Rule XXI of the Rules of the House of Representatives.

SEC. _02. RESCISSION.

Any earmark of funds provided for the Department of Transportation with more than 90 percent of the appropriated amount remaining available for obligation at the end of the 9th fiscal year following the fiscal year in which the earmark was made available is rescinded effective at the end of that 9th fiscal year, except that the Secretary of Transportation may delay any such rescission if the Secretary determines that an additional obligation of the earmark is likely to occur during the following 12-month period.

SEC. _03. AGENCY WIDE IDENTIFICATION AND REPORTS.

(a) Agency Identification.--Each Federal agency shall identify and report every project that is an earmark with an unobligated balance at the end of each fiscal year to the Director of OMB.

(b) Annual Report.--The Director of OMB shall submit to Congress and publically post on the website of OMB an annual report that includes--

(1) a listing and accounting for earmarks with unobligated balances summarized by agency including the amount of the original earmark, amount of the unobligated balance, the year when the funding expires, if applicable, and recommendations and justifications for whether each earmark should be rescinded or retained in the next fiscal year;

(2) the number of rescissions resulting from this title and the annual savings resulting from this title for the previous fiscal year; and

(3) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded at the end of the current fiscal year.

______

SA 3471. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

Section 41718(a) is amended--

(1) by striking ``24'' and inserting ``28''; and

(2) by adding at the end the following:

``The Secretary shall allocate 4 of the exemptions granted under the preceding sentence to air carriers to operate limited frequencies and aircraft between Ronald Reagan Washington National Airport and a medium hub airport located outside the perimeter established for civil aircraft operations at Ronald Reagan Washington National Airport but within 1,400 miles of that airport without regard to paragraphs (1) and (2) of this subsection.''.

______

SA 3472. Mr. McCAIN submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 29, after line 21, insert the following:

Sec. 207(b) Prohibition on Use of Passenger Facility Charges to Construct Bicycle Storage Facilities.--Section 40117(a)(3) is amended--

(1) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii);

(2) by striking ``The term'' and inserting the following:

``(A) In general.--The term''; and

(3) by adding at the end the following:

``(B) Bicycle storage facilities.--A project to construct a bicycle storage facility may not be considered an eligible airport-related project.''.

______

SA 3473. Mr. LAUTENBERG submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC

CONTROL TOWER.

Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Transportation and Housing and Urban Development, and Related Agencies of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the House of Representatives on the Federal Aviation Administration's plan to staff the Newark Liberty Airport air traffic control tower with a minimum of 35 certified professional controllers within 1 year after such date of enactment.

______

SA 3474. Mr. BARRASSO submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. PRIORITY OF REVIEW OF CONSTRUCTION PROJECTS.

(a) Findings.--Congress makes the following findings:

(1) Winter weather in States located in cold regions of the United States shortens the period during the year in which construction projects may be carried out in such States.

(2) If the review and approval process for a construction project in a cold weather State is delayed--

(A) the project may not be completed in 1 construction season; and

(B) the cost to complete the project will increase.

(b) Priority Review of Construction Projects in Cold Weather States.--The Administrator of the Federal Aviation Administration shall, to the maximum extent practicable, prioritize the Administrator's review of construction projects so that projects to be carried out in a States in which the weather during a typical calendar year prevents major construction projects from being carried out before May 1 are reviewed as early as possible.

______

SA 3475. Mr. McCAIN (for himself and Mr. Bayh) submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end, insert the following:

SEC. ___. EARMARKS PROHIBITED IN YEARS IN WHICH THERE IS A

DEFICIT.

(a) In General.--It shall not be in order in the Senate or the House of Representatives to consider a bill, joint resolution, or conference report containing a congressional earmark or an earmark attributable to the President for any fiscal year in which there is or will be a deficit as determined by CBO.

(b) Congressional Earmark.--In this section, the term

``congressional earmark'' means the following:

(1) A congressionally directed spending item, as defined in Rule XLIV of the Standing Rules of the Senate.

(2) A congressional earmark for purposes of Rule XXI of the House of Representatives.

(1) Waiver.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

(2) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

______

SA 3476. Mr. ENSIGN (for himself, Mr. Kyl, Mr. McCain, and Mr. Coburn) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. EXTENDING THE LENGTH OF FLIGHTS FROM RONALD REAGAN

WASHINGTON NATIONAL AIRPORT.

Section 41718 is amended by adding at the end the following:

``(g) Use of Airport Slots for Beyond Perimeter Flights.--Notwithstanding section 49109 or any other provision of law, any air carrier that holds or operates air carrier slots at Ronald Reagan Washington National Airport as of January 1, 2010, pursuant to subparts K and S of part 93 of title 14, Code of Federal Regulations, which are being used as of that date for scheduled service between that airport and a large hub airport (as defined in section 40102(a)(29)), may use such slots for service between Ronald Reagan Washington National Airport and any airport located outside of the perimeter restriction described in section 49109.''.

______

SA 3477. Ms. CANTWELL (for herself and Mrs. Murray) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8__. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY

MEDICAL AIRCRAFT.

(a) In General.--Subsection (e) of section 147 (relating to no portion of bonds may be issued for skyboxes, airplanes, gambling establishments, etc.) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to any fixed-wing aircraft equipped for, and exclusively dedicated to providing, acute care emergency medical services (within the meaning of 4261(g)(2)).''

(b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.

______

SA 3478. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 27, line 9, strike ``The Secretary'' and insert

``Effective January 1, 2008, the Secretary''.

______

SA 3479. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 282, between lines 3 and 4, insert the following:

SEC. 219. DESIGNATION OF FORMER MILITARY AIRPORTS.

Section 47118(g) is amended by inserting ``or more'' after

``one''.

______

SA 3480. Mr. SCHUMER (for himself and Mr. Nelson of Florida) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. TRANSFER OF UNUSED OFF-PEAK HOUR SLOTS AT RONALD

REAGAN WASHINGTON NATIONAL AIRPORT INTO PEAK

HOUR SLOTS.

Section 41718 is amended by adding at the end the following:

``(g) Transfer of Unused Off-Peak Hour Slots to Peak Hour Slots.--

``(1) In general.--Notwithstanding section 41714(d), any other provision of this title, or subpart K or S of part 93 of title 14, Code of Federal Regulations, and subject to paragraph (3), the Secretary may transfer any slot available for the takeoff or landing of an aircraft by an air carrier during off-peak hours at the Ronald Reagan Washington National Airport that the Secretary determines is unused into a slot available for the takeoff or landing of an aircraft by an air carrier described in paragraph (2) during peak hours at that Airport.

``(2) Air carrier described.--An air carrier described in this paragraph is a new entrant air carrier or a limited incumbent air carrier that the Secretary determines will--

``(A) produce maximum competitive benefits, including low fares;

``(B) increase the presence of new entrant air carriers and limited incumbent air carriers in air transportation, especially at large hub airports that are dominated by large incumbent air carriers, or otherwise promote air transportation by new entrant air carriers and limited incumbent air carriers; and

``(C) use aircraft that--

``(i) meet the Stage 3 noise limits under part 36 of title 14, Code of Federal Regulations; and

``(ii) have a maximum seating capacity of more than 76 passengers.

``(3) Limitation on increase in hourly operations.--The transfer of a slot under paragraph (1) may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period by more than 4 operations.

``(4) Definitions.--In this subsection:

``(A) Large incumbent air carrier.--The term `large incumbent air carrier' means, with respect to a large hub airport, an air carrier that holds more than 20 slots at the airport (other than slots for use in foreign air transportation).

``(B) Off-peak hours.--The term `off-peak hours' means the time between 10:00 post meridiem and 6:59 ante meridiem.

``(C) Peak hours.--The term `peak hours' means the time between 7:00 ante meridiem and 9:59 post meridiem.''.

______

SA 3481. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

Section 41718(a) is amended--

(1) by striking ``24'' and inserting ``28''; and

(2) by adding at the end the following:

``The Secretary shall allocate 4 of the exemptions granted under the preceding sentence to air carriers to operate limited frequencies and aircraft between Ronald Reagan Washington National Airport and a medium hub airport located outside the perimeter established for civil aircraft operations at Ronald Reagan Washington National Airport but within 2,000 miles of that airport without regard to paragraphs (1) and (2) of this subsection.''.

______

SA 3482. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following: SEC. 720. AIR-RAIL CODESHARE STUDY.

(a) Codeshare Study.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation, in coordination with the Federal Aviation Administration and the Federal Railroad Administration, shall conduct a study of--

(1) the current airline and intercity passenger rail codeshare arrangements;

(2) the best methods for encouraging better integration of future airline and intercity passenger rail schedules; and

(3) the feasibility of increasing intermodal connectivity of airline and intercity passenger rail facilities and systems to improve passenger travel.

(b) Considerations.--The study shall consider--

(1) the potential benefits to passengers from the development of a more efficient travel network through the implementation of more integrated scheduling between airlines and Amtrak or other intercity passenger rail carriers achieved through codesharing arrangements;

(2) statutory and regulatory challenges or barriers to greater integration of future scheduling through implementation of codeshare arrangements between airlines and Amtrak or other intercity passenger rail carriers;

(3) financial or other challenges to implementing more integrated codeshare arrangements between airlines and Amtrak or other intercity passenger rail carriers; and

(4) airport operations that can improve connectivity to intercity passenger rail facilities and stations.

(c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Secretary shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include any conclusions of the Secretary resulting from the study, the Secretary's recommendations for improving intermodal connections between airlines and intercity passenger rail, and the Secretary's recommendations for regulatory or legislative changes necessary to facilitate codeshare arrangements between airlines and Amtrak and other intercity passenger rail carriers.

______

SA 3483. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 282, between lines 3 and 4, insert the following:

SEC. 219. AIRPORT SUSTAINABILITY PLANNING.

(a) In General.--The Administrator of the Federal Aviation Administration may make a grant from amounts made available under section 48103 of title 49, United States Code, to an entity to develop, in accordance with subsection (b)--

(1) best practices and metrics with respect to the sustainable design, construction, planning, maintenance, and operation of airports; and

(2) a rating system and voluntary rating process for airports based on those best practices and metrics.

(b) Development of Best Practices and Metrics and Voluntary Rating System.--

(1) In general.--The entity receiving the grant under subsection (a) shall develop--

(A) consensus-based best practices and metrics for the sustainable design, construction, planning, maintenance, and operation of an airport that comply with standards prescribed by the Administrator of the Federal Aviation Administration, including standards for site location, airport layout, site preparation, paving, and lighting and safety of approaches;

(B) a consensus-based rating system for airports based on the best practices and metrics developed under subparagraph

(A); and

(C) a voluntary rating process for airports based on the best practices and metrics developed under subparagraph (A) and the rating system developed under subparagraph (B).

(2) Review and dissemination of best practices and metrics.--The Administrator of the Federal Aviation Administration--

(A) shall review the best practices and metrics developed under paragraph (1)(A) by the entity receiving the grant under subsection (a) to determine whether those best practices and metrics contribute to the protection of natural resources, the reduction of energy consumption, or the mitigation of any other negative environmental, social, or economic impacts of the design, construction, planning, maintenance, and operation of airports; and

(B) if the Administrator makes an affirmative determination under subparagraph (A), may publish those best practices and metrics in the Federal Register and on the website of the Federal Aviation Administration in order to disseminate those best practices and metrics to support the sustainable design, construction, planning, maintenance, and operation of airports.

(c) Applications.--An entity seeking a grant under subsection (a) shall submit an application to the Administrator of the Federal Aviation Administration in such form and containing such information as the Administrator may require.

(d) Criteria for Awarding Grant.--The Administrator shall award the grant under subsection (a) to an entity that--

(1) has experience in developing sustainable best practices for transportation or aviation systems or facilities;

(2) has experience in aviation operations, planning, design, and maintenance and evaluating the costs and benefits of incorporating sustainable design features into aviation projects and practices;

(3) has experience with commercial or nonprofit sustainable building certification programs; and

(4) does not have any conflicts of interest that would jeopardize the independence of the entity in developing the best practices and metrics and rating system under subsection

(b)(1).

(e) Determination of Amount of Grant Award.--The Administrator of the Federal Aviation Administration shall--

(1) determine the amount of the grant award based on the amount the Administrator determines necessary to develop the best practices and metrics and rating system required under subsection (b)(1); and

(2) publish that amount in any document seeking applicants for the grant under subsection (a).

______

SA 3484. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

After title VII, insert the following:

TITLE VIII--PREVENTION OF UNREASONABLE FEES

SEC. 801. SHORT TITLE.

This title may be cited as the ``Prevention of Unreasonable Fees Act''.

SEC. 802. PREVENTION OF UNREASONABLE FEES.

Section 14501(d) is amended--

(1) in paragraph (1), by striking ``on account of the fact that a motor vehicle'' and inserting ``to be paid with respect to a motor vehicle that'';

(2) by redesignating paragraphs (2) and (3) as paragraph

(3) and (4), respectively;

(3) by inserting after paragraph (1) the following:

``(2) Transportation terminal fees prohibited.--An operator of a transportation terminal that, at any time after the date of enactment of the Prevention of Unreasonable Fees Act, uses any Federal funds for the construction, expansion, renovation, or other capital improvement of such transportation terminal, or for the purchase or lease of any equipment installed in such transportation terminal or on its property, may not charge any fee to a provider of prearranged ground transportation service described in paragraph (1), except--

``(A) a fee charged to the general public for access to, or use of, any part of the transportation terminal; or

``(B) a fee for the availability of ancillary facilities at the transportation terminal that is reasonable in relation to the costs of operating the ancillary facilities.'';

(4) by amending paragraph (3), as redesignated, to read as follows:

``(3) Definitions.--In this section:

``(A) Ancillary facilities.--The term `ancillary facilities' includes restrooms, vending machines, monitoring facilities that advise parties accessing the transportation terminal of arrivals or departures of aircraft, buses, trains, ships, or boats, and such other facilities determined by the Secretary to be necessary, appropriate, desirable, or useful to the business of providing prearranged ground transportation service.

``(B) Intermediate stop.--The term `intermediate stop', with respect to transportation by a motor carrier, means a pause in the transportation in order for 1 or more passengers to engage in personal or business activity if the driver providing the transportation to such passengers does not, before resuming the transportation of at least 1 of such passengers, provide transportation to any other person not included among the passengers being transported when the pause began.

``(C) Transportation terminal.--The term `transportation terminal' means any airport, port facility for ships or boats, train station, or bus terminal, including any principal building and all ancillary buildings, roads, runways, and other facilities.'';

(5) in paragraph (4), as redesignated--

(A) in subparagraph (B)--

(i) by striking ``an airport, train, or bus'' and inserting

``a transportation''; and

(ii) by striking ``and'' at the end;

(B) by redesignating subparagraph (C) as subparagraph (D);

``(C) as prohibiting or restricting a transportation terminal operator from requiring vehicles that cannot safely use parking facilities that are otherwise available to the general public to use segregated facilities, if the fee for such facilities is not more than the amount charged to the public for similar facilities;'';

(D) in subparagraph (D), as redesignated, by striking the period at the end and inserting ``; or''; and

(E) by inserting after subparagraph (D), as redesignated, the following:

``(E) as restricting the right of any State or political subdivision of a State to require a license or fee (other than a fee by a transportation terminal operator prohibited under paragraph (2)) with respect to a vehicle that is providing transportation not described in paragraph (1).''.

SEC. 803. REGULATIONS.

(a) In General.--Not later than December 31, 2010, the Secretary of Transportation shall promulgate regulations to carry out the provisions of section 14501(d) of title 49, United States Code, as amended by section 802.

(b) Provisions.--The regulations promulgated pursuant to subsection (a) shall include--

(1) a comprehensive list of the ancillary facilities determined by the Secretary to be necessary, appropriate, desirable, and useful to the business of the provision of prearranged ground transportation service;

(2) a schedule of suggested fees that--

(A) may be charged for such ancillary facilities by any transportation terminal operator to a provider of prearranged ground transportation service for the availability of the ancillary facility; and

(B) are determined by the Secretary to be reasonable in relation to the costs of operating the ancillary facility;

(3) a requirement that any fee proposed by a transportation terminal operator for the availability of an ancillary facility may not be greater than the fee for such ancillary facility provided in the schedule described in paragraph (2), unless the fee is approved in advance by the Secretary after a public hearing and determination that the proposed fee and the amount of the fee for the availability of such ancillary facility at such transportation terminal--

(A) is reasonable in relation to the costs of operating the ancillary facility; and

(B) otherwise complies with section 14501(d) of title 49, United States Code; and

(4) such other provisions as the Secretary determines to be necessary or appropriate to carry out such section 14501(d) in a manner that prevents the imposition by a transportation terminal operator of--

(A) fees to be paid by or with respect to a motor vehicle that is providing prearranged ground transportation service; or

(B) any other discriminatory or punitive action or measure against, or with respect to, a motor vehicle that is providing prearranged ground transportation service.

______

SA 3485. Mr. SPECTER submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. LOAN GUARANTEES FOR SHIPYARDS AND REPROGRAMMING OF

FUNDS FOR SEALIFT CAPACITY.

Section 115 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199; 118 Stat. 439), as amended by section 1017 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 250), is amended to read as follows:

``Sec. 115. (a)(1) Of the amounts provided in the Department of Defense Appropriations Act, 2002 (Public Law 107-117; 115 Stat. 2244), the Department of Defense Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1533), and the Department of Defense Appropriations Act, 2004

(Public Law 108-87; 117 Stat. 1068) under the heading

`National Defense Sealift Fund' for construction of additional sealift capacity, notwithstanding section 2218(c)(1) of title 10, United States Code--

``(A) $15,000,000, shall be made available for the Secretary of Transportation to make loan guarantees as described in subsection (b); and

``(B) any remaining amount may be made available for--

``(i) design testing simulation and construction of infrastructure improvements to a marine cargo terminal capable of supporting a mixed use of traditional container operations, high speed loading and off-loading, and military sealift requirements; and

``(ii) engineering, simulation, and feasibility evaluation of advance design vessels for the transport of high-value, time sensitive cargoes to expand a capability to support military sealift, aviation, and commercial operations.

``(2) The amounts made available in this subsection shall remain available until expended.

``(b)(1) A loan guarantee described in this subsection is a loan guarantee issued by the Secretary of Transportation to maintain the capability of a qualified shipyard to construct a large ocean going commercial vessel if the applicant for such a loan guarantee demonstrates that absent such loan guarantee--

``(A) the domestic capacity for the construction of large ocean going commercial vessels will be significantly impaired;

``(B) more than 1,000 shipbuilding-related jobs will be terminated at any one facility; and

``(C) the capability of domestic shipyards to meet the demand for replacement and expansion of the domestic ocean going commercial fleet will be significantly constrained.

``(2) In this subsection, the term `qualified shipyard' means a shipyard that--

``(A) is located in the United States;

``(B) consists of at least one facility with not less than of 1,000 employees;

``(C) has exclusively constructed ocean going commercial vessels larger than 20,000 gross registered tons;

``(D) delivered 8 or more such ocean going commercial vessels during the 5-year period ending on the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act; and

``(E) applies for a loan guarantee made available pursuant to subsection (a)(1)(A).

``(3) Notwithstanding the provisions of chapter 537 of subtitle V of title 46, United States Code, or any regulations issued pursuant to such chapter, a loan guarantee pursuant to subsection (a)(1)(A) shall be issued only to a qualified shipyard upon commitment by the qualified shipyard of not less than $40,000,000 in equity and demonstrated proof that actual construction of the new vessel for which such loan guarantee was issued will commence not later than April 30, 2010.

``(4) A loan guarantee issued pursuant to subsection

(a)(1)(A) shall be deemed to have a subsidy rate of no greater than 9 percent.

``(5) The Secretary of Transportation shall select each qualified shipyard to receive a loan guarantee pursuant to subsection (a)(1)(A) not later than 60 days after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act.''.

______

SA 3486. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 201, strike lines 20 through 24, and insert the following:

(b) Minimum Experience Requirement.--

(1) In general.--The final rule prescribed under subsection

(a) shall, among any other requirements established by the rule, require that a pilot--

(A) have not less than 800 hours of flight time before serving as a flightcrew member for a part 121 air carrier; and

(B) demonstrate the ability to--

(i) function effectively in a multipilot environment;

(ii) function effectively in an air carrier operational environment;

(iii) function effectively in adverse weather conditions, including icing conditions;

(iv) function effectively during high altitude operations; and

(v) adhere to the highest professional standards.

(2) Hours of flight experience in difficult operational conditions.--The total number of hours of flight experience required by the Administrator under paragraph (1) for pilots shall include a number of hours of flight experience in difficult operational conditions that may be encountered by an air carrier that the Administrator determines to be sufficient to enable a pilot to operate an aircraft safely in such conditions.

______

SA 3487. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Harkin, Mr. Conrad, and Mr. Burris) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

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

SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION

PROGRAM.

(a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by striking section 41747, and such title 49 shall be applied as if such section 41747 had not been enacted.

(b) Clerical Amendment.--The table of sections for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41747.

______

SA 3488. Mr. WARNER submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS

OPERATING CHARITABLE MEDICAL FLIGHTS.

In administering part 61.113(c) of title 14, Code of Federal Regulations, the Administrator of the Federal Aviation Administration shall allow an aircraft owner or aircraft operator who has volunteered to provide transportation for an individual or individuals for medical purposes to accept reimbursement to cover all or part of the fuel costs associated with the operation from a volunteer pilot organization.

______

SA 3489. Mr. WARNER (for himself and Mr. Webb) submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FORFEITURE OF SLOTS UPON INCREASING EXTRAPERIMETER

SERVICE FROM REAGAN WASHINGTON NATIONAL

AIRPORT.

Section 41718 is amended--

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

``(f) Reallocation of Exemptions Upon Commencement of Certain Service.--

``(1) In general.--If, after the date of enactment of the FAA Air Transportation Modernization and Safety Improvement Act, an air carrier--

``(A) commences air transportation pursuant to an exemption under subsection (a) to a beyond-perimeter airport previously unserved by that air carrier from Ronald Reagan Washington National Airport,

``(B) provides additional service to a beyond-perimeter airport served by that air carrier from that airport, or

``(C) exchanges an exemption granted under subsection (b) for an exemption granted under subsection (a),the air carrier shall forfeit 4 of its other exemptions granted under subsection (a) or (b).

``(2) Reallocation of forfeited exemptions.--If an air carrier forfeits exemptions under paragraph (1), the Secretary--

``(A) shall grant one of the forfeited exemptions to a new entrant air carrier or limited incumbent air carrier; and

``(B) may grant the remaining exemption to another air carrier under this section in accordance with the requirements of this section.''.

______

SA 3490. Mr. WARNER (for himself and Mr. Webb) submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ------. IMPACT ANALYSIS REQUIRED BEFORE ANY ADDITIONAL

SLOTS.

The Secretary of Transportation may not grant an exemption under subsection (a) or (b) of section 41718 of title 49, United States Code, not authorized by that section (as in effect on the day before the date of enactment of this Act) unless the Secretary has conducted a study and determined that the additional exemption--

(1) will cause no strain on existing gate and parking facilities at Ronald Reagan Washington National Airport;

(2) will have no impact on the environment;

(3) will not increase traffic congestion at or near the airport; and

(4) will not exacerbate community concerns about airport-related noise.

______

SA 3491. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ALASKA NATIVE AVIATION TRAINING PROGRAM.

(a) In General.--chapter 445 is amended by adding at the end the following:

`` 44518. Alaska Native aviation training program

``(a) General Authority.--The Secretary of Transportation shall carry out, at a minimum, one project to improve opportunities for residents of Alaska Native communities to receive aviation training to enhance safety in air service to and from remote Alaska Native communities.

``(b) Implementation.--

``(1) In general.--In carrying out this section, the Secretary shall provide funding through a grant, contract, or another agreement described in section 106(l)(5) to a non-profit organization composed of Federally recognized tribes operating flight and air mechanics schools in an Alaska Native community.

``(2) Project selection.--The Secretary shall select a project under this subsection that provides training for residents of Alaska Native communities--

``(A) to obtain commercial pilot certificates pursuant to part 61 of title 14, Code of Federal Regulations; and

``(B) to obtain mechanic certificates pursuant to subpart D of part 65 of such title.

``(c) Matching share.--Notwithstanding section 47109 or any other provision of law, the Federal share of allowable project costs for a project under this section shall be 100 percent.

``(d) Terms and conditions.--The Secretary may establish such terms and conditions as the Secretary determines appropriate, consistent with the provisions of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.) for carrying out a project under this section, including terms and conditions relating to the form and content of a proposal for a project, project assurances, and schedule of payments.

``(e) Administration.--The Secretary may enter into an agreement in accordance with section 106(m) to provide for the administration of any project under the program.

``(f) Authorization of Appropriations.--Notwithstanding any other provision of law, the Secretary shall make available not less than $1,000,000 of the amounts made available to the Secretary under section 48105 of this title for each of fiscal years 2011 and 2012 to carry out this section.''.

(b) Conforming Amendment.--The table of contents for chapter 445 is amended by adding at the end the following:

``44518. Alaska Native aviation training program''.

______

SA 3492. Mr. BEGICH (for himself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR

OTHER OXIDIZING GASES.

(a) In General.--The transportation within Alaska of cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases aboard aircraft shall be exempt from compliance with the requirements, under sections 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the Pipeline and Hazardous Material Safety Administration's regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4)), that oxidizing gases transported aboard aircraft be enclosed in outer packaging capable of passing the flame penetration and resistance test and the thermal resistance test, without regard to the end use of the cylinders, if--

(1) there is no other practical means of transportation for transporting the cylinders to their destination and transportation by ground or vessel is unavailable; and

(2) the transportation meets the requirements of subsection

(b).

(b) Exemption Requirements.--Subsection (a) shall not apply to the transportation of cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases aboard aircraft unless the following requirements are met:

(1) Packaging.--

(A) Smaller cylinders.--Each cylinder with a capacity of not more than 116 cubic feet shall be--

(i) fully covered with a fire or flame resistant blanket that is secured in place; and

(ii) placed in a rigid outer packaging or an ATA 300 Category 1 shipping container.

(B) Larger cylinders.--Each cylinder with a capacity of more than 116 cubic feet but not more than 281 cubic feet shall be--

(i) secured within a frame;

(ii) fully covered with a fire or flame resistant blanket that is secured in place; and

(iii) fitted with a securely attached metal cap of sufficient strength to protect the valve from damage during transportation.

(2) Operational controls.--

(A) Storage; access to fire extinguishers.--Unless the cylinders are stored in a Class C cargo compartment or its equivalent on the aircraft, crew members shall have access to the cylinders and at least 2 fire extinguishers shall be readily available for use by the crew members.

(B) Shipment with other hazardous materials.--The cylinders may not be transported in the same aircraft with other hazardous materials other than Division 2.2 materials with no subsidiary risk, Class 9 materials, and ORM-D materials.

(3) Aircraft requirements.--

(A) Aircraft type.--The transportation shall be provided only aboard a passenger-carrying aircraft or a cargo aircraft.

(B) Passenger-carrying aircraft.--

(i) Smaller cylinders only.--A cylinder with a capacity of more than 116 cubic feet may not be transported aboard a passenger-carrying aircraft.

(ii) Maximum number.--Unless transported in a Class C cargo compartment or its equivalent, no more than 6 cylinders in each cargo compartment may be transported aboard a passenger-carrying aircraft.

(C) Cargo aircraft.--A cylinder may not be transported aboard a cargo aircraft unless it is transported in a Class B cargo compartment or a Class C cargo compartment or its equivalent.

(c) Definitions.--Terms used in this section shall have the meaning given those terms in parts 106, 107, and 171 through 180 of the Pipeline and Hazardous Material Safety Administration's regulations (49 C.F.R. parts 106, 107, and 171-180).

______

SA 3493. Ms. CANTWELL submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following: SEC. 723. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON

NATIONAL AIRPORT.

(a) Beyond Perimeter Exemptions.--Section 41718(a) is amended by striking ``24'' and inserting ``34''.

(b) Limitations.--Section 41718(c)(2) is amended by striking ``3 operations'' and inserting ``5 operations''.

(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2) by inserting after paragraph (2) the following:

``(3) Slots.--The Administrator of the Federal Aviation Administration shall reduce by 10 the total number of slots available for air carriers at Ronald Reagan Washington National Airport during a 24-hour period by eliminating slots during the 1-hour periods beginning at 6:00 a.m., 10:00 p.m., and 11:00 p.m. that are available for allocation, in order to grant exemptions under subsection (a).''.

(d) Scheduling Priority.--Section 41718 is further amended--

(1) by redesignating subsections (e) and (f) as subsections

(f) and (g), respectively; and

(2) by inserting after subsection (d) the following:

``(e) Scheduling Priority.--In administering this section, the Secretary shall afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air carriers granted exemptions pursuant to this section, with the highest scheduling priority to be afforded to beyond-perimeter operations conducted by new entrant air carriers and limited incumbent air carriers.''.

______

SA 3494. Mr. WICKER submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. TECHNICAL CORRECTION.

Section 159(b)(2)(C) of title I of division A of the Consolidated Appropriations Act, 2010, is amended by striking clauses (i) and (ii) and inserting the following:

``(i) requiring inspections of any container containing a firearm or ammunition; and

``(ii) the temporary suspension of firearm carriage service if credible intelligence information indicates a threat related to the national rail system or specific routes or trains.''.

______

SA 3495. Mr. BENNETT (for himself, Mr. Brownback, and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end, insert the following:

SEC. ___. RIGHT OF THE PEOPLE OF THE DISTRICT OF COLUMBIA TO

DEFINE MARRIAGE.

(a) Findings.--Congress finds that--

(1) a broad coalition of residents of the District of Columbia petitioned for an initiative in accordance with the District of Columbia Home Rule Act to establish that ``only marriage between a man and a woman is valid or recognized in the District of Columbia'';

(2) this petition anticipated the Council of the District of Columbia's passage of an Act legalizing same-sex marriage;

(3) the unelected District of Columbia Board of Elections and Ethics and the unelected District of Columbia Superior Court thwarted the residents' initiative effort to define marriage democratically, holding that the initiative amounted to discrimination prohibited by the District of Columbia Human Rights Act; and

(4) the definition of marriage affects every person and should be debated openly and democratically.

(b) Referendum or Initiative Requirement.--Notwithstanding any other provision of law, including the District of Columbia Human Rights Act, the government of the District of Columbia shall not issue a marriage license to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question of whether the District of Columbia should issue same-sex marriage licenses.

______

SA 3496. Mr. CARDIN (for himself and Ms. Landrieu) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

Strike section 405 and insert the following:

SEC. 405. DISCLOSURE OF PASSENGER FEES; PROHIBITION ON FEES

FOR CARRY-ON BAGGAGE.

(a) In General.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation shall complete a rulemaking that--

(1) prohibits each air carrier operating in the United States under part 121 of title 49, Code of Federal Regulations, from charging any fees for carry-on baggage that falls within the restrictions imposed by the air carrier with respect to the weight, size, or number of bags;

(2) requires each such air carrier to make detailed information about restrictions with respect to the weight, size, and number carry-on baggage available to passengers before they arrive at the airport for a scheduled departure on the air carrier; and

(3) requires each such air carrier to make available to the public and to the Secretary a list of all passenger fees and charges (other than airfare) that may be imposed by the air carrier, including fees for--

(A) checked baggage or oversized or heavy baggage, including specialty items such as bicycles, skis, and firearms;

(B) meals, beverages, or other refreshments;

(D) purchasing tickets from an airline ticket agent or a travel agency; or

(E) any other good, service, or amenity provided by the air carrier, as required by the Secretary.

(b) Publication; Updates.--In order to ensure that the fee information required by subsection (a)(3) is both current and widely available to the traveling public, the Secretary--

(1) may require an air carrier to make such information available on any public website maintained by an air carrier, to make such information available to travel agencies, and to notify passengers of the availability of such information when advertising airfares; and

(2) shall require air carriers to update the information as necessary, but no less frequently than every 90 days unless there has been no increase in the amount or type of fees shown in the most recent publication.

______

SA 3497. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

Strike section 412 and insert the following:

SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE

ADJUSTMENT ELIGIBILITY.

Section 409(d) of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2010.'' and inserting ``September 30, 2013.''.

______

SA 3498. Mr. DURBIN proposed an amendment to the bill H.R. 2847, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes; an follows:

On page 3, in the first House amendment strike:

``SUBTITLE E--DISADVANTAGED BUSINESS ENTERPRISES

SEC. 451. DISADVANTAGED BUSINESS ENTERPRISES.

and insert:

``SUBTITLE E--UNPROFITABLE BUSINESS ENTERPRISES''

______

SA 3499. Mr. DURBIN proposed an amendment to amendment SA 3498 proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:

At the end of the pending amendment insert the following:

SEC. 451. UNPROFITABLE BUSINESS ENTERPRISES.

______

SA 3500. Mr. DURBIN proposed an amendment to the bill H.R. 2847, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:

At the end, insert the following:

The Senate Committee on Appropriations is requested to study the impact of any delays in enactment on the creation of any jobs on a regional basis.

______

SA 3501. Mr. DURBIN proposed an amendment to the bill H.R. 2847, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows.

At the end, insert the following:

``and include any local statistics.''

______

SA 3502. Mr. DURBIN proposed an amendment to amendment SA 3501 proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes; an follows:

At the end, insert the following:

``including specific information on the types of jobs created.''

______

SA 3503. Mr. MENENDEZ (for himself, Mr. Schumer, Mrs. Gillibrand, and Mr. Lautenberg) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/

NEW JERSEY/PHILADELPHIA METROPOLITAN AREA

AIRSPACE REDESIGN.

Not later than 270 days after the date of the enactment of this Act and every 180 days thereafter until the completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator of the Federal Aviation Administration shall, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport--

(1) monitor the air noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign; and

(2) submit to Congress a report on the findings of the Administrator with respect to the monitoring described in paragraph (1).

______

SA 3504. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 204, between lines 17 and 18, insert the following:

(e) Study.--

(1) In general.--The Administrator of the Federal Aviation Administration shall review relevant air carrier data and carry out a study--

(A) to identify common sources of distraction for the cockpit flight crew on commercial aircraft; and

(B) to determine the safety impacts of such distractions.

(2) Report.--Not later than 6 months after the date of the enactment of this Act, the Administrator 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 contains--

(A) the findings of the study conducted under paragraph

(1); and

(B) recommendations about ways to reduce distractions for cockpit flight crews.

______

SA 3505. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

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

SEC. 407. PROHIBITION ON FUEL SURCHARGES NOT CORRELATED TO

COST OF AIR TRANSPORTATION.

(a) In General.--Section 41712, as amended by this Act, is further amended by adding at the end the following:

``(d) Prohibition on Fuel Surcharges Not Correlated to Cost.--

``(1) In general.--It shall be an unfair or deceptive practice under subsection (a) for an air carrier or foreign air carrier to impose a fuel surcharge with respect to a ticket for air transportation unless the amount of the fuel surcharge correlates to the amount paid by the air carrier for fuel and to the amount of fuel used by the air carrier to provide the purchaser with such air transportation.

``(2) Determinations of correlation.--The Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall prescribe standards to be used in determining under paragraph (1) whether a fuel surcharge imposed by an air carrier correlates to the amount paid by the air carrier for fuel and to the amount of fuel used by the air carrier to provide air transportation.''.

(b) Regulations.--The Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall prescribe such regulations as may be necessary to carry out subsection (d) of section 41712 of title 49, United States Code, as added by subsection (a) of this section.

______

SA 3506. Mr. MENENDEZ (for himself and Mr. Schumer) submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

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

SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE

OF AIRLINE TICKETS.

(a) In General.--The Office of Aviation Consumer Protection and Enforcement of the Department of Transportation shall establish rules to ensure that all consumers are able to easily and fairly compare airfares and other costs applicable to tickets for air transportation, including all taxes and fees.

(b) Notice of Taxes and Fees Applicable to Tickets for Air Transportation.--Section 41712, as amended by this Act, is further amended by adding at the end the following:

``(d) Notice of Taxes and Fees Applicable to Tickets for Air Transportation.--

``(1) In general.--It shall be an unfair or deceptive practice under subsection (a) for an air carrier, foreign air carrier, or ticket agent to sell a ticket for air transportation unless the air carrier, foreign air carrier, or ticket agent, as the case may be--

``(A) displays information with respect to the taxes and fees described in paragraph (2), including the amount and a description of each such tax or fee, simultaneously with and in reasonable proximity to the price listed for the ticket; and

``(B) in the case of a ticket for air transportation sold on the Internet, provides to the purchaser of the ticket information with respect to the taxes and fees described in paragraph (2), including the amount and a description of each such tax or fee, before requiring the purchaser to provide any personal information, including the name, address, phone number, e-mail address, or credit card information of the purchaser.

``(2) Taxes and fees described.--The taxes and fees described in this paragraph are all taxes, fees, and charges applicable to a ticket for air transportation, including--

``(A) all taxes, fees, charges, and surcharges included in the price paid by a purchaser for the ticket, including fuel surcharges and surcharges relating to peak or holiday travel; and

``(B) any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased.''.

(c) Regulations.--The Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall prescribe such regulations as may be necessary to carry out subsection (d) of section 41712 of title 49, United States Code, as added by subsection (b) of this section.

______

SA 3507. Mr. JOHANNS submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

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

SEC. 564. STUDY ON COSTS OF IMPROVEMENTS.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on the costs and benefits associated with required airport security improvements, including the costs for airports to install backscatter or other advanced scanning equipment, and the additional capital expenditures airports will need to make to accommodate the required improvements.

______

SA 3508. Mr. JOHANNS submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 723. STUDY ON AVIATION FUEL PRICES.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on the impact of increases in aviation fuel prices on the Airport and Airway Trust Fund and the aviation industry in general. The study shall include the impact of increases in aviation fuel prices on--

(1) general aviation;

(2) commercial passenger aviation;

(3) piston aircraft purchase and use;

(4) the aviation services industry, including repair and maintenance services;

(5) aviation manufacturing;

(6) aviation exports; and

(7) the use of small airport installations.

(b) Assumptions About Aviation Fuel Prices.--In conducting the study required by subsection (a), the Comptroller General shall use the average aviation fuel price for fiscal year 2010 as a baseline and measure the impact of increases in aviation fuel prices that range from 5 percent to 200 percent over the 2010 baseline.

______

SA 3509. Mr. JOHANNS submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 77, strike lines 13 through 18, and insert the following:

(2) IDENTIFICATION and measurement of benefits.--In the report required by paragraph (1), the Administrator shall identify actual benefits that will accrue to National Airspace System users, small and medium-sized airports, and general aviation users from deployment of ADS-B and provide an explanation of the metrics used to quantify those benefits.

______

SA 3510. Mr. JOHANNS submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 80, after line 21, insert the following:

(d) Conditional Extension of Deadlines for Equipping Aircraft With ADS-B Technology.--

(1) ADS-B out.--In the case that the Administrator fails to complete the initial rulemaking described in subparagraph (A) of subsection (b)(1) on or before the date that is 45 days after the date of the enactment of this Act, the deadline described in clause (ii) of such subparagraph shall be extended by an amount of time that is equal to the amount of time of the period beginning on the date that is 45 days after the date of the enactment of this Act and ending on the date on which the Administrator completes such initial rulemaking.

(2) ADS-B in.--In the case that the Administrator fails to initiate the rulemaking required by paragraph (2) of subsection (b) on or before the date that is 45 days after the date of the enactment of this Act, the deadline described in subparagraph (B) of such paragraph shall be extended by an amount of time that is equal to the amount of time of the period beginning on the date that is 45 days after the date of the enactment of this Act and ending on the date on which the Administrator initiates such rulemaking.

______

SA 3511. Ms. CANTWELL submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 98, between lines 20 and 21, insert the following:

SEC. 325. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES

PROJECT.

(a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the strategy of the Administrator for implementing, on an accelerated basis, the NextGen operational capabilities produced by the Greener Skies project, as recommended in the final report of the RTCA NextGen Mid-Term Implementation Task Force that was issued on September 9, 2009.

(b) Subsequent Reports.--

(1) In general.--Not later than 180 days after the Administrator submits to Congress the report required by subsection (a) and not less frequently than once every 180 days thereafter until September 30, 2011, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the Administrator in carrying out the strategy described in the report submitted under subsection (a).

(2) Contents.--Each report submitted under paragraph (1) shall include the following:

(A) A timeline for full implementation of the strategy described in the report submitted under subsection (a).

(B) A description of the progress made in carrying out such strategy.

______

SA 3512. Ms. CANTWELL submitted an amendment to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 279, after line 24, add the following:

SEC. 7__. STUDIES OF NATURAL SOUNDSCAPE PRESERVATION.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration.

(2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service.

(b) Study of Least Degraded National Park Service Natural Soundscapes.--

(1) In general.--The Secretary shall conduct a study to identify National Park Service natural soundscape values and resources, as defined by policies 4.9 and 8.2 of the 2006 Management Policies of the National Park Service.

(2) Identification of lease degraded soundscapes.--In conducting the study under paragraph (1), the Secretary shall analyze and identify National Park Service natural soundscapes that have been the least degraded by--

(A) unnatural sounds; and

(B) undesirable sounds cause by humans.

(3) Technical assistance.--To the extent that the Secretary has identified aviation or aircraft noise as 1 of the sources of natural soundscapes degradation, the Secretary of Transportation, acting through the Administrator, shall provide technical assistance to the Secretary in carrying out the study under paragraph (1).

(c) Study of Preservation of Natural Soundscape Resources.--To the extent that the Secretary has identified aviation or aircraft noise as 1 of the sources of National Park Service natural soundscapes degradation, the Secretary, in coordination with the Secretary of Transportation (acting through the Administrator), shall conduct a study to identify methods to preserve the National Park Service natural soundscapes that have been the least degraded by--

(1) unnatural sounds; and

(2) undesirable sounds caused by humans.

(d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that--

(1) describes the results of the studies conducted under subsections (b) and (c); and

(2) includes any recommendations that the Secretary determines to be appropriate.

(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

______

SA 3513. Mr. JOHANNS submitted an amendment intended to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

On page 46, beginning on line 4, strike all through line 25, and insert the following:

``(C) 7 members representing aviation interests, as follows:

``(i) 1 representative that is the chief executive officer of an airport.

``(ii) 1 representative that is the chief executive officer of a passenger or cargo air carrier.

``(iii) 1 representative of a labor organization representing employees at the Federal Aviation Administration that are involved with the operation of the air traffic control system.

``(iv) 1 representative with extensive operational experience in the general aviation community.

``(v) 1 representative from an aircraft manufacturer.

``(vi) 1 representative of a labor organization representing employees at the Federal Aviation Administration who are involved with maintenance of the air traffic control system.

``(vii) 1 representative that is the chief executive officer of a small- or medium-sized airport.''.

____________________

SOURCE: Congressional Record Vol. 156, No. 35

Congressional Record publishes “TEXT OF AMENDMENTS” on March 11, 2010

Congressional Record publishes “TEXT OF AMENDMENTS” on March 11, 2010

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