S.Amdt. 3730

SA 3730. 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:

SEC. __. ENFORCEMENT OF CERTIFICATE REQUIREMENTS.

(a) Civil Actions Authorized.--Section 46101(a) is amended
by adding at the end the following:
``(5)(A) If a complaint filed under this subsection alleges
that an air carrier required to hold a certificate under
section 41101(a) or

[[Page S2043]]

exempted from such requirement under section 40109 is not a
citizen of the United States, and the Secretary of
Transportation, the Under Secretary for Policy, or the
Administrator of the Federal Aviation Administration
dismisses the complaint without a hearing or fails to resolve
the complaint on the merits within 180 days after such
complaint is filed, the complainant may bring a civil action
against the air carrier in a district court of the United
States pursuant to section 46108.
``(B) A civil action authorized under subparagraph (A)
shall not be subject to dismissal or stay on the grounds that
administrative remedies have not been exhausted or that the
action is subject to the primary jurisdiction of the Federal
Aviation Administration.
``(C) Nothing in this paragraph may be construed to require
a person to file a complaint pursuant to paragraph (1) before
bringing a civil action pursuant to section 46108.''.
(b) Remedies.--Section 46108 is amended--
(1) by striking ``An interested person'' and inserting the
following:
``(a) In General.--An interested person'';
(2) in subsection (a), as designated, by striking ``of this
title'' and all that follows and inserting ``or to enforce
the terms of an exemption issued under section 40109.''; and
(3) by adding at the end the following:
``(b) Defendants.--A person that controls an air carrier
required to hold a certificate under section 41101(a) or
exempted from such requirement under section 40109 may be
named as a defendant in an action under this section if such
person is not a citizen of the United States.
``(c) Liability.--A person described in subsection (b)--
``(1) shall be jointly and severally liable for any damages
suffered by a citizen of the United States as a result of the
person's failure to comply with section 41101(a); and
``(2) shall be subject to injunctive relief.
``(d) Venue.--A civil action under this section may be
brought in the judicial district in which any defendant does
business or in the judicial district in which the violation
occurred.''.
(c) Penalties for Violations of Citizenship Control
Requirements.--Section 46301(a), as amended by section
2133(b)(1), is further amended--
(1) in paragraph (1)(A), by inserting ``(except as provided
in paragraph (7))'' after ``chapter 411''; and
(2) 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 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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