S.Amdt. 3711

SA 3711. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 3679 proposed by Mr.
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R.
636, to amend the Internal Revenue Code of 1986 to permanently extend
increased expensing limitations, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title V, add the following:

SEC. 5032. LIMITATIONS ON OPERATING CERTAIN AIRCRAFT NOT
COMPLYING WITH STAGE 4 NOISE LEVELS.

(a) In General.--Subchapter II of chapter 475 is amended by
adding at the end the following:

``Sec. 47535. Limitations on operating certain aircraft not
complying with stage 4 noise levels

``(a) Regulations.--Not later than December 31, 2017, the
Secretary of Transportation, in consultation with the
International Civil Aviation Organization, shall issue
regulations to establish minimum standards for civil
turbojets to comply with stage 4 noise levels.
``(b) General Rule.--The Secretary shall issue regulations
to, except as provided in section 47529--
``(1) establish a timeline by which increasing percentages
of the total number of civil turbojets with a maximum weight
of more than 75,000 pounds operating to or from airports in
the United States comply with the stage 4 noise levels
established under subsection (a), beginning not later than
December 31, 2022; and
``(2) require that 100 percent of such turbojets operating
after December 31, 2037, to or from airports in the United
States comply with the stage 4 noise levels.
``(c) Foreign-flag Aircraft.--
``(1) International standards.--The Secretary shall request
the International Civil Aviation Organization to add to its
Work Programme the consideration of international standards
for the phase-out of aircraft that do not comply with stage 4
noise levels.
``(2) Enforcement.--The Secretary shall enforce the
requirements of this section with respect to foreign-flag
aircraft only to the extent that such enforcement is
consistent with United States obligations under international
agreements.
``(d) Annual Report.--Beginning with calendar year 2020--
``(1) each air carrier shall submit to the Secretary an
annual report on the progress the carrier is making toward
complying with the requirements of this section and
regulations issued to carry out this section; and
``(2) the Secretary shall submit to Congress an annual
report on the progress being made toward that compliance.
``(e) Noise Recertification Testing Not Required.--
``(1) Limitation on statutory construction.--Nothing in
this section may be construed to require the noise
certification testing of a civil turbojet that has been
retrofitted to comply with or otherwise already meets the
stage 4 noise levels established under subsection (a).
``(2) Means of demonstrating compliance with stage 4 noise
levels.--The Secretary shall specify means for demonstrating
that an aircraft complies with stage 4 noise levels without
requiring noise certification testing.
``(f) Nonaddition Rule.--
``(1) In general.--Except as provided in paragraph (2) and
section 47530, a person may operate a civil jet aircraft with
a maximum weight of more than 75,000 pounds that is imported
into the United States after December 31, 2020, only if the
aircraft--
``(A) complies with the stage 4 noise levels; or
``(B) was purchased by the person importing the aircraft
into the United States under a legally binding contract
entered into before January 1, 2021.
``(2) Exception.--The Secretary of Transportation may
provide for an exception from paragraph (1) to permit a
person to obtain modifications to an aircraft to meet the
stage 4 noise levels.
``(3) Aircraft deemed not imported.--For purposes of this
subsection, an aircraft shall be deemed not to have been
imported into the United States if the aircraft--
``(A) was owned on January 1, 2021, by--
``(i) a corporation, trust, or partnership organized under
the laws of the United States, a State, or the District of
Columbia;
``(ii) an individual who is a citizen of the United States;
or
``(iii) an entity that is owned or controlled by a
corporation, trust, or partnership described in clause (i) or
an individual described in clause (ii); and
``(B) enters the United States not later than 6 months
after the expiration of a lease agreement (including any
extension of such an agreement) between an owner described in
subparagraph (A) and a foreign air carrier.''.
(b) Clerical Amendment.--The analysis for chapter 475 of
such title is amended by inserting after the item relating to
section 47534 the following:

``47535. Limitations on operating certain aircraft not complying with
stage 4 noise levels.''.

SEC. 5033. STANDARDS FOR ISSUANCE OF NEW TYPE CERTIFICATES.

(a) Applicability of Stage 5 Noise Standards to Civil Jets
With a Maximum Weight of More Than 121,254 Pounds.--On and
after December 31, 2017, the Secretary of Transportation may
not issue a new type certificate for a civil jet with a
maximum weight of

[[Page S2039]]

more than 121,254 pounds for which an application was
received after the date of the enactment of this Act, unless
the person applying for the type certificate demonstrates
that the civil jet complies with stage 5 noise levels.
(b) Applicability of Stage 5 Noise Standards to All Civil
Jets.--On and after December 31, 2020, the Secretary may not
issue a new type certificate for any civil jet for which an
application was received after the date of the enactment of
this Act, unless the person applying for the type certificate
demonstrates that the civil jet complies with stage 5 noise
levels.
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