S.Amdt. 3566

SA 3566. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson)
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to
permanently extend increased expensing limitations, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

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