S.Amdt. 3729

SA 3729. Mr. VITTER 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 appropriate place, insert the following.
(3) Penalties for violations of citizenship control
requirements.--Section 46301(a), as amended by paragraph (1),
is further amended--
(A) in paragraph (1)(A), by inserting ``(except as provided
in paragraph (7))'' after ``chapter 411''; and
(B) by adding at the end the following:
``(7) Penalties for Violations of Citizenship Control
Requirements.--(A) A person that controls an air carrier
required to hold a certificate under section 41101(a) or to
be exempted from such requirement under section 40109 and is
not a citizen of the United States--
``(i) shall be liable to the United States Government for a
civil penalty of not more than $25,000 for each day or each
flight during which the person is not in compliance with
section 41101(a) or 40109, as applicable (or of not more than
$1,100 for each such day or such flight if the person is an
individual or small business concern and the controlled air
carrier is also a small business concern);
``(ii) shall not be jointly and severally liable for any
civil penalty imposed pursuant to paragraph (1) on the air
carrier under such unlawful control;
``(iii) shall be deemed to have engaged in unfair and
deceptive practices and unfair methods of competition in
violation of section 41712; and
``(iv) shall be jointly and severally liable, together with
the air carrier operating under such unlawful control, to pay
restitution to any air carrier subject to such unfair and
deceptive practices and unfair methods of competition as
ordered by the Secretary of Transportation.
``(B) The Secretary of Transportation is authorized to
consider any amounts paid in restitution as a mitigating
factor when imposing a civil penalty under this paragraph.
``(C) Any aircraft operated by an air carrier that is not a
citizen of the United States shall be prohibited from
operating within the United States until any civil penalty or
restitution imposed pursuant to this paragraph has been
satisfied.''.
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