S.Amdt. 3545

SA 3545. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 3464 submitted by Mr. Thune (for himself and
Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue Code of
1986 to permanently extend increased expensing limitations, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 3124. IMPROVING AIRLINE COMPETITIVENESS.

(a) Findings.--Congress makes the following findings:
(1) The people of the United States and the United States
economy depend on a strong and competitive passenger air
transportation industry to move people and goods in the
fastest, most efficient manner.
(2) In a global economy, air carriers connect the people of
the United States with the rest of the world. A strong air
transportation industry is essential to the ability of the
United States to compete in the international marketplace.
(3) A strong air transportation industry depends on
competition between a number of air carriers servicing a
variety of routes for domestic and international travelers,
at both the national and local levels.
(4) Important stakeholders contribute to, and are dependent
on, a robust air transportation industry, including--
(A) business and leisure travelers;
(B) the tourism sector;
(C) shippers;
(D) State and local governments and port authorities;
(E) aircraft manufacturers; and
(F) domestic and foreign air carriers.
(5) As a result of the consolidation of United States air
carriers, there has been a precipitous decline in the number
of major passenger air carriers in the United States.
(6) In the past few years, the air transportation industry
has become increasingly concentrated. In 2015, the top 4
major air carriers accounted for 80 percent of passenger air
traffic in the United States.
(7) The continued success of a deregulated air carrier
system requires actual competition to encourage all
participants in the industry to provide high quality service
at competitive fares.
(8) Further consolidation among air carriers threatens to
leave the industry without sufficient competition to ensure
that the people of the United States share in the benefits of
a well-functioning air transportation industry.
(b) Establishment of National Commission to Ensure All
Americans Have Access to and Benefit From a Strong and
Competitive Air Transportation Industry.--There is
established a Commission, which shall be known as the
``National Commission to Ensure All Americans Have Access to
and Benefit from a Strong and Competitive Air Transportation
Industry'' (referred to in this section as the
``Commission'').
(c) Functions.--
(1) Study.--The Commission shall conduct a study of the
passenger air transportation industry, with priority given to
issues specified in subsection (d).
(2) Policy recommendations.--Based on the results of the
study conducted under paragraph (1), the Commission shall
recommend to the President and to Congress the adoption of
policies that will--
(A) achieve the national goal of a strong and competitive
air carrier system and facilitate the ability of the United
States to compete in the global economy;
(B) provide robust levels of competition and air
transportation at reasonable fares in cities of all sizes;
(C) provide a stable work environment for employees of air
carriers;
(D) account for the interests of different stakeholders
that contribute to, and are dependent on, the air
transportation industry; and
(E) provide appropriate levels of protection for consumers,
including access to information to enable consumer choice.
(d) Specific Issues to Be Addressed.--In conducting the
study under subsection (c)(1), the Commission shall
investigate--
(1) the current state of competition in the air
transportation industry, how the structure of that
competition is likely to change during the 5-year period
beginning on the date of the enactment of this Act, whether
that expected level of competition will be sufficient to
secure the consumer benefits of air carrier deregulation, and
the effects of--

[[Page S1829]]

(A) air carrier consolidation and practices on consumers,
including the competitiveness of fares and services and the
ability of consumers to engage in comparison shopping for air
carrier fees;
(B) airfare pricing policies, including whether reduced
competition artificially inflates ticket prices;
(C) the level of competition as of the date of the
enactment of this Act on the travel distribution sector,
including online and traditional travel agencies and
intermediaries;
(D) economic and other effects on domestic air
transportation markets in which 1 or 2 air carriers control
the majority of available seat miles;
(E) the tactics used by incumbent air carriers to compete
against smaller, regional carriers, or inhibit new or
potential new entrant air carriers into a particular market;
and
(F) the ability of new entrant air carriers to provide new
service to underserved markets;
(2) the legislative and administrative actions that the
Federal Government should take to enhance air carrier
competition, including changes that are needed in the legal
and administrative policies that govern--
(A) the initial award and the transfer of international
routes;
(B) the allocation of gates and landing rights,
particularly at airports dominated by 1 air carrier or a
limited number of air carriers;
(C) frequent flier programs;
(D) the rights of foreign investors to invest in the
domestic air transportation marketplace;
(E) the access of foreign air carriers to the domestic air
transportation marketplace;
(F) the taxes and user fees imposed on air carriers;
(G) the responsibilities imposed on air carriers;
(H) the bankruptcy laws of the United States and related
rules administered by the Department of Transportation as
such laws and rules apply to air carriers;
(I) the obligations of failing air carriers to meet pension
obligations;
(J) antitrust immunity for international air carrier
alliances and the process for approving such alliances and
awarding that immunity;
(K) competition of air carrier codeshare partnerships and
joint ventures; and
(L) constraints on new entry into the domestic air
transportation marketplace;
(3) whether the policies and strategies of the United
States in international air transportation are promoting the
ability of United States air carriers to achieve long-term
competitive success in international air transportation
markets, and to secure the benefits of robust competition,
including--
(A) the general negotiating policy of the United States
with respect to international air transportation;
(B) the desirability of multilateral rather than bilateral
negotiations with respect to international air
transportation;
(C) whether foreign countries have developed the necessary
infrastructure of airports and airways to enable United
States air carriers to provide the service needed to meet the
demand for air transportation between the United States and
those countries;
(D) the desirability of liberalization of United States
domestic air transportation markets; and
(E) the impediments to access by foreign air carriers to
routes to and from the United States;
(4) the effect that air carrier consolidation has had on
business and leisure travelers, and travel and tourism more
broadly; and
(5) the effect that air carrier consolidation has had on--
(A) employment and economic development opportunities of
localities, particularly small and mid-size localities; and
(B) former hub airports, including the positive and
negative consequences of routing air traffic through hub
airports.
(e) Membership.--
(1) Appointment.--The Commission shall be composed of 21
members, of whom--
(A) 7 shall be appointed by the President;
(B) 4 shall be appointed by the Speaker of the House of
Representatives;
(C) 3 shall be appointed by the minority leader of the
House of Representatives;
(D) 4 shall be appointed by the majority leader of the
Senate; and
(E) 3 shall be appointed by the minority leader of the
Senate.
(2) Qualifications.--
(A) In general.--Members appointed pursuant to paragraph
(1) shall be appointed from among United States citizens who
bring knowledge of, and informed insights into, aviation,
transportation, travel, and tourism policy.
(B) Representation.--Members appointed pursuant to
paragraph (1) shall be appointed in a manner so that at least
1 member of the Commission represents the interests of each
of the following:
(i) The Department of Transportation.
(ii) The Department of Justice.
(iii) Legacy, networked air carriers.
(iv) Non-legacy air carriers.
(v) Air carrier employees.
(vi) Large aircraft manufacturers.
(vii) Ticket agents not part of an Internet-based travel
company.
(viii) Large airports.
(ix) Small or mid-size airports with commercial service.
(x) Shippers.
(xi) Consumers.
(xii) General aviation.
(xiii) Local governments or port authorities that operate
commercial airports.
(xiv) Internet-based travel companies.
(xv) The travel and tourism industry.
(xvi) Global distribution systems.
(xvii) Corporate business travelers.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Chairman.--The Chairman of the Commission shall be
elected by the members of the Commission.
(5) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(6) Travel expenses.--Members shall serve without pay, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(f) Staff.--The Commission may appoint and fix the pay of
such personnel as the Commission considers appropriate.
(g) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, any of the personnel of that agency to
the Commission to assist the Commission in carrying out its
duties under this section.
(h) Administrative Support Services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this section.
(i) Obtaining Official Data.--The Commission may secure
directly from any Federal agency information (other than
information required by any provision of law to be kept
confidential by that agency) that is necessary for the
Commission to carry out its duties under this section. Upon
the request of the Commission, the head of such agency shall
furnish such nonconfidential information to the Commission.
(j) Report.--Not later than 180 days after the date on
which initial appointments of members to the Commission are
made under subsection (e)(1), and after a public comment
period of not less than 30 days, the Commission shall submit
a report to the President and Congress that--
(1) describes the activities of the Commission;
(2) includes recommendations made by the Commission under
subsection (c)(2); and
(3) contains a summary of the comments received during the
public comment period.
(k) Termination.--The Commission shall terminate on the
date that is 180 days after the date of the submission of the
report under subsection (j). Upon the submission of such
report, the Commission shall deliver all records and papers
of the Commission to the Administrator of General Services
for deposit in the National Archives.
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