[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Page S2042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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