[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Senate]
[Pages 3233-3247]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3466. Mr. KAUFMAN (for Mr. Dodd) proposed an amendment to the bill 
H.R. 2194, to amend the Iran Sanctions Act of 1996 to enhance United 
States diplomatic efforts with respect to Iran by expanding economic 
sanctions against Iran; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress regarding illicit nuclear activities and 
              violations of human rights in Iran.

                           TITLE I--SANCTIONS

Sec. 101. Definitions.
Sec. 102. Expansion of sanctions under the Iran Sanctions Act of 1996.
Sec. 103. Economic sanctions relating to Iran.
Sec. 104. Liability of parent companies for violations of sanctions by 
              foreign subsidiaries.
Sec. 105. Prohibition on procurement contracts with persons that export 
              sensitive technology to Iran.
Sec. 106. Increased capacity for efforts to combat unlawful or 
              terrorist financing.
Sec. 107. Reporting requirements.
Sec. 108. Sense of Congress regarding the imposition of sanctions on 
              the Central Bank of Iran.
Sec. 109. Policy of the United States regarding Iran's Revolutionary 
              Guard Corps and its affiliates.
Sec. 110. Policy of the United States with respect to Iran and 
              Hezbollah.
Sec. 111. Sense of Congress regarding the imposition of multilateral 
              sanctions with respect to Iran.

    TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

Sec. 201. Definitions.
Sec. 202. Authority of State and local governments to divest from 
              certain companies that invest in Iran.
Sec. 203. Safe harbor for changes of investment policies by asset 
              managers.
Sec. 204. Sense of Congress regarding certain ERISA plan investments.

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

Sec. 301. Definitions.
Sec. 302. Identification of locations of concern with respect to 
              transshipment, reexportation, or diversion of certain 
              items to Iran.
Sec. 303. Destinations of Possible Diversion Concern and Destinations 
              of Diversion Concern.
Sec. 304. Report on expanding diversion concern system to countries 
              other than Iran.

                    TITLE IV--EFFECTIVE DATE; SUNSET

Sec. 401. Effective date; sunset.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The illicit nuclear activities of the Government of 
     Iran and its support for international terrorism represent 
     threats to the security of the United States, its strong ally 
     Israel, and other allies of the United States around the 
     world.
       (2) The United States and other responsible countries have 
     a vital interest in working together to prevent the 
     Government of Iran from acquiring a nuclear weapons 
     capability.
       (3) The International Atomic Energy Agency has repeatedly 
     called attention to Iran's illicit nuclear activities and, as 
     a result, the United Nations Security Council has adopted a 
     range of sanctions designed to encourage the Government of 
     Iran to cease those activities and comply with its 
     obligations under the Treaty on Non-Proliferation of Nuclear 
     Weapons, done at Washington, London, and Moscow July 1, 1968, 
     and entered into force March 5, 1970 (commonly known as the 
     ``Nuclear Non-Proliferation Treaty'').
       (4) The serious and urgent nature of the threat from Iran 
     demands that the United States work together with its allies 
     to prevent Iran from acquiring a nuclear weapons capability.
       (5) The United States and its major European allies, 
     including the United Kingdom, France, and Germany, have 
     advocated that sanctions be strengthened should international 
     diplomatic efforts fail to achieve verifiable suspension of 
     Iran's uranium enrichment program and an end to its illicit 
     nuclear activities.
       (6) There is an increasing interest by States, local 
     governments, educational institutions, and private 
     institutions to seek to disassociate themselves from 
     companies that conduct business activities in the energy 
     sector of Iran, since such business activities may directly 
     or indirectly support the efforts of the Government of Iran 
     to achieve a nuclear weapons capability.
       (7) Black market proliferation networks continue to 
     flourish in the Middle East, allowing countries like Iran to 
     gain access to sensitive dual-use technologies.
       (8) The Government of Iran continues to engage in serious, 
     systematic, and ongoing violations of human rights and 
     religious freedom, including illegitimate prolonged 
     detention, torture, and executions. Such violations have 
     increased in the aftermath of the presidential election in 
     Iran on June 12, 2009.

     SEC. 3. SENSE OF CONGRESS REGARDING ILLICIT NUCLEAR 
                   ACTIVITIES AND VIOLATIONS OF HUMAN RIGHTS IN 
                   IRAN.

       It is the sense of Congress that--
       (1) international diplomatic efforts to address Iran's 
     illicit nuclear efforts and support for international 
     terrorism are more likely to be effective if the President is 
     empowered with the explicit authority to impose additional 
     sanctions on the Government of Iran;
       (2) additional measures should be adopted by the United 
     States to prevent the diversion and transshipment of 
     sensitive dual-use technologies to Iran;
       (3) the concerns of the United States regarding Iran are 
     strictly the result of the actions of the Government of Iran;
       (4) the people of the United States--
       (A) have a long history of friendship and exchange with the 
     people of Iran;
       (B) regret that developments in recent decades have created 
     impediments to that friendship;
       (C) hold the people of Iran, their culture, and their 
     ancient and rich history in the highest esteem; and
       (D) remain deeply concerned about continuing human rights 
     abuses in Iran;
       (5) the President should--
       (A) continue to press the Government of Iran to respect the 
     internationally recognized human rights and religious 
     freedoms of its citizens;
       (B) identify the officials of the Government of Iran that 
     are responsible for continuing and severe violations of human 
     rights and religious freedom in Iran; and
       (C) take appropriate measures to respond to such 
     violations, including by--
       (i) prohibiting officials the President identifies as being 
     responsible for such violations from entry into the United 
     States; and
       (ii) freezing the assets of those officials; and
       (6) additional funding should be provided to the Secretary 
     of State to document, collect,

[[Page 3234]]

     and disseminate information about human rights abuses in 
     Iran, including serious abuses that have taken place since 
     the presidential election in Iran conducted on June 12, 2009.

                           TITLE I--SANCTIONS

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14(2) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (4) Family member.--The term ``family member'' means, with 
     respect to an individual, the spouse, children, 
     grandchildren, or parents of the individual.
       (5) Information and informational materials.--The term 
     ``information and informational materials'' includes 
     publications, films, posters, phonograph records, 
     photographs, microfilms, microfiche, tapes, compact disks, CD 
     ROMs, artworks, and news wire feeds.
       (6) Investment.--The term ``investment'' has the meaning 
     given that term in section 14(9) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (7) Iranian diplomats and representatives of other 
     government and military or quasi-governmental institutions of 
     iran.--The term ``Iranian diplomats and representatives of 
     other government and military or quasi-governmental 
     institutions of Iran'' has the meaning given that term in 
     section 14(11) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (8) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (9) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).

     SEC. 102. EXPANSION OF SANCTIONS UNDER THE IRAN SANCTIONS ACT 
                   OF 1996.

       (a) In General.--Section 5 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Sanctions With Respect to the Development of 
     Petroleum Resources of Iran, Production of Refined Petroleum 
     Products in Iran, and Exportation of Refined Petroleum 
     Products to Iran.--
       ``(1) Development of petroleum resources of iran.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose 2 or more of the sanctions 
     described in paragraphs (1) through (6) of section 6(a) with 
     respect to a person if the President determines that the 
     person, with actual knowledge, on or after the effective date 
     of the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2009--
       ``(i) makes an investment described in subparagraph (B) of 
     $20,000,000 or more; or
       ``(ii) makes a combination of investments described in 
     subparagraph (B) in a 12-month period if each such investment 
     is at least $5,000,000 and such investments equal or exceed 
     $20,000,000 in the aggregate.
       ``(B) Investment described.--An investment described in 
     this subparagraph is an investment that directly and 
     significantly contributes to the enhancement of Iran's 
     ability to develop petroleum resources.
       ``(2) Production of refined petroleum products.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose the sanctions described in section 
     6(b) (in addition to any other sanctions imposed under this 
     subsection) with respect to a person if the President 
     determines that the person, with actual knowledge, on or 
     after the effective date of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009, sells, leases, or 
     provides to Iran any goods, services, technology, 
     information, or support described in subparagraph (B)--
       ``(i) any of which has a fair market value of $200,000 or 
     more; or
       ``(ii) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more.
       ``(B) Goods, services, technology, information, or support 
     described.--Goods, services, technology, information, or 
     support described in this subparagraph are goods, services, 
     technology, information, or support that could directly and 
     significantly facilitate the maintenance or expansion of 
     Iran's domestic production of refined petroleum products, 
     including any assistance with respect to construction, 
     modernization, or repair of petroleum refineries.
       ``(3) Exportation of refined petroleum products to iran.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose the sanctions described in section 
     6(b) (in addition to any other sanctions imposed under this 
     subsection) with respect to a person if the President 
     determines that the person, with actual knowledge, on or 
     after the effective date of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009--
       ``(i) provides Iran with refined petroleum products--

       ``(I) that have a fair market value of $200,000 or more; or
       ``(II) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more; or

       ``(ii) sells, leases, or provides to Iran any goods, 
     services, technology, information, or support described in 
     subparagraph (B)--

       ``(I) any of which has a fair market value of $200,000 or 
     more; or
       ``(II) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more.

       ``(B) Goods, services, technology, information, or support 
     described.--Goods, services, technology, information, or 
     support described in this subparagraph are goods, services, 
     technology, or support that could directly and significantly 
     contribute to the enhancement of Iran's ability to import 
     refined petroleum products, including--
       ``(i) underwriting or otherwise providing insurance or 
     reinsurance for the sale, lease, or provision of such goods, 
     services, technology, information, or support;
       ``(ii) financing or brokering such sale, lease, or 
     provision; or
       ``(iii) providing ships or shipping services to deliver 
     refined petroleum products to Iran.''.
       (b) Description of Sanctions.--Section 6 of such Act is 
     amended--
       (1) by striking ``The sanctions to be imposed on a 
     sanctioned person under section 5 are as follows:'' and 
     inserting the following:
       ``(a) In General.--The sanctions to be imposed on a 
     sanctioned person under subsections (a)(1) and (b) of section 
     5 are as follows:''; and
       (2) by adding at the end the following:
       ``(b) Additional Sanctions.--The sanctions to be imposed on 
     a sanctioned person under paragraphs (2) and (3) of section 
     5(a) are as follows:
       ``(1) Foreign exchange.--The President shall, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange by the sanctioned person.
       ``(2) Banking transactions.--The President shall, pursuant 
     to such regulations as the President may prescribe, prohibit 
     any transfers of credit or payments between, by, through, or 
     to any financial institution, to the extent that such 
     transfers or payments involve any interest of the sanctioned 
     person.
       ``(3) Property transactions.--The President shall, pursuant 
     to such regulations as the President may prescribe and 
     subject to the jurisdiction of the United States, prohibit 
     any person from--
       ``(A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, importing, or exporting any 
     property with respect to which the sanctioned person has any 
     interest;
       ``(B) dealing in or exercising any right, power, or 
     privilege with respect to such property; or
       ``(C) conducting any transactions involving such 
     property.''.
       (c) Report Relating to Presidential Waiver.--Section 
     9(c)(2) of such Act is amended by striking subparagraph (C) 
     and inserting the following:
       ``(C) an estimate of the significance of the conduct of the 
     person in contributing to the ability of Iran to, as the case 
     may be--
       ``(i) develop petroleum resources, produce refined 
     petroleum products, or import refined petroleum products; or
       ``(ii) acquire or develop--

       ``(I) chemical, biological, or nuclear weapons or related 
     technologies; or
       ``(II) destabilizing numbers and types of advanced 
     conventional weapons; and''.

       (d) Clarification and Expansion of Definitions.--Section 14 
     of such Act is amended--
       (1) in paragraph (13)(B)--
       (A) by inserting ``financial institution, insurer, 
     underwriter, guarantor, and any other business organization, 
     including any foreign subsidiary, parent, or affiliate 
     thereof,'' after ``trust,''; and
       (B) by inserting ``, such as an export credit agency'' 
     before the semicolon at the end;
       (2) in paragraph (14), by striking ``petroleum and natural 
     gas resources'' and inserting ``petroleum, refined petroleum 
     products, oil or liquefied natural gas, natural gas 
     resources, oil or liquefied natural gas tankers, and products 
     used to construct or maintain pipelines used to transport oil 
     or liquefied natural gas'';
       (3) by redesignating paragraphs (15) and (16) as paragraphs 
     (16) and (17), respectively; and
       (4) by inserting after paragraph (14) the following:
       ``(15) Refined petroleum products.--The term `refined 
     petroleum products' means diesel, gasoline, jet fuel 
     (including naphtha-type and kerosene-type jet fuel), and 
     aviation gasoline.''.
       (e) Conforming Amendment.--Section 4 of such Act is 
     amended--
       (1) in subsection (b)(2), by striking ``(in addition to 
     that provided in subsection (d))'';

[[Page 3235]]

       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

     SEC. 103. ECONOMIC SANCTIONS RELATING TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the effective 
     date of this Act, the economic sanctions described in 
     subsection (b) shall apply with respect to Iran.
       (b) Sanctions.--The sanctions described in this subsection 
     are the following:
       (1) Prohibition on imports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of Iranian origin may be imported directly or 
     indirectly into the United States.
       (B) Exception.--The prohibition in subparagraph (A) does 
     not apply to imports from Iran of information and 
     informational materials.
       (2) Prohibition on exports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of United States origin may be exported directly or 
     indirectly to Iran.
       (B) Exceptions.--The prohibition in subparagraph (A) does 
     not apply to exports to Iran of--
       (i) agricultural commodities, food, medicine, or medical 
     devices;
       (ii) articles exported to Iran to provide humanitarian 
     assistance to the people of Iran;
       (iii) except as provided in subparagraph (C), information 
     or informational materials;
       (iv) goods, services, or technologies necessary to ensure 
     the safe operation of commercial passenger aircraft produced 
     in the United States if the exportation of such goods, 
     services, or technologies is approved by the Secretary of the 
     Treasury, in consultation with the Secretary of Commerce, 
     pursuant to regulations promulgated by the Secretary of the 
     Treasury regarding the exportation of such goods, services, 
     or technologies, if appropriate; or
       (v) goods, services, or technologies that--

       (I) are provided to the International Atomic Energy Agency 
     and are necessary to support activities of that Agency in 
     Iran;
       (II) are necessary to support activities, including the 
     activities of nongovernmental organizations, relating to 
     promoting democracy in Iran; or
       (III) the President determines to be necessary to the 
     national interest of the United States.

       (C) Special rule with respect to information and 
     informational materials.--Notwithstanding subparagraph 
     (B)(iii), information and informational materials of United 
     States origin may not be exported directly or indirectly to 
     Iran--
       (i) if the exportation of such information or informational 
     materials is otherwise controlled--

       (I) under section 5 of the Export Administration Act of 
     1979 (50 U.S.C. App. 2404) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)); or
       (II) under section 6 of that Act (50 U.S.C. App. 2405), to 
     the extent that such controls promote the nonproliferation or 
     antiterrorism policies of the United States; or

       (ii) if such information or informational materials are 
     information or informational materials with respect to which 
     acts are prohibited by chapter 37 of title 18, United States 
     Code.
       (3) Freezing assets.--
       (A) In general.--At such time as the United States has 
     access to the names of persons in Iran, including Iranian 
     diplomats and representatives of other government and 
     military or quasi-governmental institutions of Iran 
     (including Iran's Revolutionary Guard Corps and its 
     affiliates), that satisfy the criteria for designation with 
     respect to the imposition of sanctions under the authority of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) or are otherwise subject to sanctions under any 
     other provision of law, the President shall take such action 
     as may be necessary to freeze, as soon as possible, the funds 
     and other assets belonging to anyone so named and any family 
     members or associates of those so named to whom assets or 
     property of those so named were transferred on or after 
     January 1, 2009. The action described in the preceding 
     sentence includes requiring any United States financial 
     institution that holds funds and assets of a person so named 
     to report promptly to the Office of Foreign Assets Control 
     information regarding such funds and assets.
       (B) Asset reporting requirement.--Not later than 14 days 
     after a decision is made to freeze the property or assets of 
     any person under this paragraph, the President shall report 
     the name of such person to the appropriate congressional 
     committees. Such a report may contain a classified annex.
       (4) United states government contracts.--The head of an 
     executive agency may not procure, or enter into a contract 
     for the procurement of, any goods or services from a person 
     that meets the criteria for the imposition of sanctions under 
     section 5 of the Iran Sanctions Act of 1996 (Public Law 104-
     172; 50 U.S.C. 1701 note).
       (c) Waiver.--The President may waive the application of the 
     sanctions described in subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.

     SEC. 104. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN SUBSIDIARIES.

       (a) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Own or control.--The term ``own or control'' means, 
     with respect to an entity--
       (A) to hold more than 50 percent of the equity interest by 
     vote or value in the entity;
       (B) to hold a majority of seats on the board of directors 
     of the entity; or
       (C) to otherwise control the actions, policies, or 
     personnel decisions of the entity.
       (3) Subsidiary.--The term ``subsidiary'' means an entity 
     that is owned or controlled, directly or indirectly, by a 
     United States person.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen, resident, or 
     national of the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own or control the entity.
       (b) In General.--A United States person shall be subject to 
     a penalty for a violation of the provisions of Executive 
     Order 12959 (50 U.S.C. 1701 note) or Executive Order 13059 
     (50 U.S.C. 1701 note), or any other prohibition on 
     transactions with respect to Iran imposed under the authority 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), if--
       (1) the President determines, pursuant to such regulations 
     as the President may prescribe, that the United States person 
     establishes or maintains a subsidiary outside of the United 
     States for the purpose of circumventing such provisions; and
       (2) that subsidiary engages in an act that, if committed in 
     the United States or by a United States person, would violate 
     such provisions.
       (c) Waiver.--The President may waive the application of 
     subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (d) Effective Date.--
       (1) In general.--Subsection (b) shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     acts described in subsection (b)(2) that are--
       (A) commenced on or after the date of the enactment of this 
     Act; or
       (B) except as provided in paragraph (2), commenced before 
     such date of enactment, if such acts continue on or after 
     such date of enactment.
       (2) Exception.--Subsection (b) shall not apply with respect 
     to an act described in paragraph (1)(B) by a subsidiary owned 
     or controlled by a United States person if the United States 
     person divests or terminates its business with the subsidiary 
     not later than 90 days after the date of the enactment of 
     this Act.

     SEC. 105. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS 
                   THAT EXPORT SENSITIVE TECHNOLOGY TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and pursuant to such regulations as the President may 
     prescribe, the head of an executive agency may not enter into 
     or renew a contract for the procurement of goods or services 
     with a person that exports sensitive technology to Iran.
       (b) Waiver.--The President may waive the application of the 
     prohibition under subsection (a) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to Congress a report describing the reasons for 
     the determination.
       (c) Sensitive Technology Defined.--The term ``sensitive 
     technology'' means hardware, software, telecommunications 
     equipment, or any other technology that the President 
     determines is to be used specifically--
       (1) to restrict the free flow of unbiased information in 
     Iran; or
       (2) to disrupt, monitor, or otherwise restrict speech of 
     the people of Iran.

     SEC. 106. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL 
                   OR TERRORIST FINANCING.

       (a) Finding.--Congress finds that the work of the Office of 
     Terrorism and Financial Intelligence of the Department of the 
     Treasury, which includes the Office of Foreign Assets Control 
     and the Financial Crimes Enforcement Network, is critical to 
     ensuring that the international financial system is not used 
     for purposes of supporting terrorism and developing weapons 
     of mass destruction.
       (b) Authorization of Appropriations for Office of Terrorism 
     and Financial Intelligence.--There are authorized to be 
     appropriated to the Secretary of the Treasury for the Office 
     of Terrorism and Financial Intelligence--

[[Page 3236]]

       (1) $64,611,000 for fiscal year 2010; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2011 and 2012.
       (c) Authorization of Appropriations for the Financial 
     Crimes Enforcement Network.--Section 310(d)(1) of title 31, 
     United States Code, is amended by striking ``such sums as may 
     be necessary for fiscal years 2002, 2003, 2004, and 2005'' 
     and inserting ``$104,260,000 for fiscal year 2010 and such 
     sums as may be necessary for each of the fiscal years 2011 
     and 2012''.

     SEC. 107. REPORTING REQUIREMENTS.

       (a) Report on Investment and Activities That May Be 
     Sanctionable Under Iran Sanctions Act of 1996.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report containing--
       (A) a description of--
       (i) any foreign investments of $20,000,000 or more that 
     contribute directly and significantly to the enhancement of 
     Iran's ability to develop petroleum resources made during the 
     period described in paragraph (2);
       (ii) any sale, lease, or provision to Iran during the 
     period described in paragraph (2) of any goods, services, 
     technology, information, or support that would facilitate the 
     maintenance or expansion of Iran's domestic production of 
     refined petroleum products; and
       (iii) any refined petroleum products provided to Iran 
     during the period described in paragraph (2) and any other 
     activity that could contribute directly and significantly to 
     the enhancement of Iran's ability to import refined petroleum 
     products during that period;
       (B) with respect to each investment or other activity 
     described in subparagraph (A), an identification of--
       (i) the date or dates of the investment or activity;
       (ii) the steps taken by the United States to respond to the 
     investment or activity;
       (iii) the name and United States domiciliary of any person 
     that participated or invested in or facilitated the 
     investment or activity; and
       (iv) any Federal Government contracts to which any person 
     referred to in clause (iii) are parties; and
       (C) the determination of the President with respect to 
     whether each such investment or activity qualifies as a 
     sanctionable offense under section 5(a) of the Iran Sanctions 
     Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (2) Period described.--The period described in this 
     paragraph is the period beginning on January 1, 2009, and 
     ending on the date on which the President submits the report 
     under paragraph (1).
       (b) Subsequent Reports.--Not later than 1 year after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees an updated version of the report 
     required under subsection (a) that contains the information 
     required under that subsection for the 180-day period 
     preceding the submission of the updated report.
       (c) Form of Reports; Publication.--A report submitted under 
     subsection (a) or (b) shall be submitted in unclassified 
     form, but may contain a classified annex. The unclassified 
     portion of the report shall be published in the Federal 
     Register.

     SEC. 108. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   SANCTIONS ON THE CENTRAL BANK OF IRAN.

       Congress urges the President, in the strongest terms, to 
     consider immediately using the authority of the President to 
     impose sanctions on the Central Bank of Iran and any other 
     Iranian bank engaged in proliferation activities or support 
     of terrorist groups.

     SEC. 109. POLICY OF THE UNITED STATES REGARDING IRAN'S 
                   REVOLUTIONARY GUARD CORPS AND ITS AFFILIATES.

       It is the sense of Congress that the United States should--
       (1) continue to target Iran's Revolutionary Guard Corps 
     persistently with economic sanctions for its support for 
     terrorism, its role in proliferation, and its oppressive 
     activities against the people of Iran; and
       (2) impose sanctions, including travel restrictions, 
     sanctions authorized pursuant to this Act, and the full range 
     of sanctions available to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), on--
       (A) any foreign individual or entity that is an agent, 
     alias, front, instrumentality, official, or affiliate of 
     Iran's Revolutionary Guard Corps and is designated for the 
     imposition of sanctions by the President;
       (B) any individual or entity who--
       (i) has provided material support to Iran's Revolutionary 
     Guard Corps or any of its affiliates designated for the 
     imposition of sanctions by the President; or
       (ii) has conducted any financial or commercial transaction 
     with Iran's Revolutionary Guard Corps or any of its 
     affiliates so designated; and
       (C) any foreign government found--
       (i) to be providing material support to Iran's 
     Revolutionary Guard Corps or any of its affiliates designated 
     for the imposition of sanctions by the President; or
       (ii) to have conducted any commercial transaction or 
     financial transaction with Iran's Revolutionary Guard Corps 
     or any of its affiliates so designated.

     SEC. 110. POLICY OF THE UNITED STATES WITH RESPECT TO IRAN 
                   AND HEZBOLLAH.

       It is the sense of Congress that the United States should--
       (1) continue to counter support received by Hezbollah from 
     the Government of Iran and other foreign governments in 
     response to Hezbollah's terrorist activities and the threat 
     Hezbollah poses to Israel, the democratic sovereignty of 
     Lebanon, and the national security interests of the United 
     States;
       (2) impose the full range of sanctions available to the 
     President under the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) on Hezbollah, its designated 
     affiliates and supporters, and persons providing Hezbollah 
     with commercial, financial, or other services;
       (3) urge the European Union, individual countries in 
     Europe, and other countries to classify Hezbollah as a 
     terrorist organization to facilitate the disruption of 
     Hezbollah's operations; and
       (4) renew international efforts to disarm Hezbollah and 
     disband its militias in Lebanon, as called for by United 
     Nations Security Council Resolutions 1559 (2004) and 1701 
     (2006).

     SEC. 111. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   MULTILATERAL SANCTIONS WITH RESPECT TO IRAN.

       It is the sense of Congress that--
       (1) in general, multilateral sanctions are more effective 
     than unilateral sanctions at achieving desired results from 
     countries such as Iran;
       (2) the President should continue to work with allies of 
     the United States to impose such sanctions as may be 
     necessary to prevent the Government of Iran from acquiring a 
     nuclear weapons capability; and
       (3) the United States should continue to consult with the 5 
     permanent members of the United Nations Security Council and 
     Germany (commonly referred to as the ``P5-plus-1'') and other 
     interested countries regarding imposing new sanctions with 
     respect to Iran in the event that diplomatic efforts to 
     prevent Iran from acquiring a nuclear weapons capability 
     fail.

    TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Energy sector.--The term ``energy sector'' refers to 
     activities to develop petroleum or natural gas resources or 
     nuclear power.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 
     14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (3) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (4) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) any successor, subunit, parent company, or subsidiary 
     of any entity described in subparagraph (A) or (B).
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State, and any agency or 
     instrumentality thereof;
       (C) any other governmental instrumentality; and
       (D) any public institution of higher education within the 
     meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.).

     SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM CERTAIN COMPANIES THAT INVEST IN IRAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should support the decision of 
     any State or local government that for moral, prudential, or 
     reputational reasons divests from, or prohibits the 
     investment of assets of the State or local government in, a 
     person that engages in investment activities in the energy 
     sector of Iran, as long as that country is subject to 
     economic sanctions imposed by the United States.
       (b) Authority To Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (d) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or

[[Page 3237]]

     local government determines, using credible information 
     available to the public, engages in investment activities in 
     Iran described in subsection (c).
       (c) Investment Activities Described.--A person engages in 
     investment activities in Iran described in this subsection if 
     the person--
       (1) has an investment of $20,000,000 or more in the energy 
     sector of Iran, including in a person that provides oil or 
     liquified natural gas tankers, or products used to construct 
     or maintain pipelines used to transport oil or liquified 
     natural gas, for the energy sector in Iran; or
       (2) is a financial institution that extends $20,000,000 or 
     more in credit to another person, for 45 days or more, if 
     that person will use the credit to invest in the energy 
     sector in Iran.
       (d) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person to which a measure is to be 
     applied.
       (2) Timing.--The measure shall apply to a person not 
     earlier than the date that is 90 days after the date on which 
     written notice is provided to the person under paragraph (1).
       (3) Opportunity for hearing.--The State or local government 
     shall provide an opportunity to comment in writing to each 
     person to which a measure is to be applied. If the person 
     demonstrates to the State or local government that the person 
     does not engage in investment activities in Iran described in 
     subsection (c), the measure shall not apply to the person.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has made 
     every effort to avoid erroneously targeting the person and 
     has verified that the person engages in investment activities 
     in Iran described in subsection (c).
       (e) Notice to Department of Justice.--Not later than 30 
     days after adopting a measure pursuant to subsection (b), a 
     State or local government shall submit written notice to the 
     Attorney General describing the measure.
       (f) Nonpreemption.--A measure of a State or local 
     government authorized under subsection (b) is not preempted 
     by any Federal law or regulation.
       (g) Definitions.--In this section:
       (1) Investment.--The ``investment'' of assets, with respect 
     to a State or local government, includes--
       (A) a commitment or contribution of assets;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (2) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' refers to public monies and includes any 
     pension, retirement, annuity, or endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section applies to measures adopted by a State or local 
     government before, on, or after the date of the enactment of 
     this Act.
       (2) Notice requirements.--Subsections (d) and (e) apply to 
     measures adopted by a State or local government on or after 
     the date of the enactment of this Act.

     SEC. 203. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       (a) In General.--Section 13(c)(1) of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     Federal or State law, no person may bring any civil, 
     criminal, or administrative action against any registered 
     investment company, or any employee, officer, director, or 
     investment adviser thereof, based solely upon the investment 
     company divesting from, or avoiding investing in, securities 
     issued by persons that the investment company determines, 
     using credible information available to the public--
       ``(A) conduct or have direct investments in business 
     operations in Sudan described in section 3(d) of the Sudan 
     Accountability and Divestment Act of 2007 (50 U.S.C. 1701 
     note); or
       ``(B) engage in investment activities in Iran described in 
     section 202(c) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009.''.
       (b) SEC Regulations.--Not later than 120 days after the 
     date of the enactment of this Act, the Securities and 
     Exchange Commission shall issue any revisions the Commission 
     determines to be necessary to the regulations requiring 
     disclosure by each registered investment company that divests 
     itself of securities in accordance with section 13(c) of the 
     Investment Company Act of 1940 to include divestments of 
     securities in accordance with paragraph (1)(B) of such 
     section, as added by subsection (a).

     SEC. 204. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that a fiduciary of an employee 
     benefit plan, as defined in section 3(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), 
     may divest plan assets from, or avoid investing plan assets 
     in, any person the fiduciary determines engages in investment 
     activities in Iran described in section 202(c) of this Act, 
     without breaching the responsibilities, obligations, or 
     duties imposed upon the fiduciary by section 404 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1104), if--
       (1) the fiduciary makes such determination using credible 
     information that is available to the public; and
       (2) such divestment or avoidance of investment is conducted 
     in accordance with section 2509.08-1 of title 29, Code of 
     Federal Regulations (as in effect on the day before the date 
     of the enactment of this Act).

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) End-user.--The term ``end-user'' means an end-user as 
     that term is used in the Export Administration Regulations.
       (3) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (4) Government.--The term ``government'' includes any 
     agency or instrumentality of a government.
       (5) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (6) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means any country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism pursuant to--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (7) Transshipment, reexportation, or diversion.--The term 
     ``transshipment, reexportation, or diversion'' means the 
     exportation, directly or indirectly, of items that originated 
     in the United States to an end-user whose identity cannot be 
     verified or to an entity in Iran in violation of the laws or 
     regulations of the United States by any means, including by--
       (A) shipping such items through 1 or more foreign 
     countries; or
       (B) by using false information regarding the country of 
     origin of such items.

     SEC. 302. IDENTIFICATION OF LOCATIONS OF CONCERN WITH RESPECT 
                   TO TRANSSHIPMENT, REEXPORTATION, OR DIVERSION 
                   OF CERTAIN ITEMS TO IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Director of National 
     Intelligence shall submit to the Secretary of Commerce, the 
     Secretary of State, the Secretary of the Treasury, and the 
     appropriate congressional committees a report that identifies 
     all countries that the Director determines are of concern 
     with respect to transshipment, reexportation, or diversion of 
     items subject to the provisions of the Export Administration 
     Regulations to an entity in Iran.

     SEC. 303. DESTINATIONS OF POSSIBLE DIVERSION CONCERN AND 
                   DESTINATIONS OF DIVERSION CONCERN.

       (a) Destinations of Possible Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Possible Diversion Concern if 
     the Secretary, in consultation with the Secretary of State 
     and the Secretary of the Treasury, determines that such 
     designation is appropriate to carry out activities to 
     strengthen the export control systems of that country based 
     on criteria that include--
       (A) the volume of items that originated in the United 
     States that are transported through the country to end-users 
     whose identities cannot be verified;
       (B) the inadequacy of the export and reexport controls of 
     the country;
       (C) the unwillingness or demonstrated inability of the 
     government of the country to control diversion activities; 
     and
       (D) the unwillingness or inability of the government of the 
     country to cooperate with the United States in interdiction 
     efforts.
       (2) Strengthening export control systems of destinations of 
     possible diversion

[[Page 3238]]

     concern.--If the Secretary of Commerce designates a country 
     as a Destination of Possible Diversion Concern under 
     paragraph (1), the United States shall initiate government-
     to-government activities described in paragraph (3) to 
     strengthen the export control systems of the country.
       (3) Government-to-government activities described.--The 
     government-to-government activities described in this 
     paragraph include--
       (A) cooperation by agencies and departments of the United 
     States with counterpart agencies and departments in a country 
     designated as a Destination of Possible Diversion Concern 
     under paragraph (1) to--
       (i) develop or strengthen export control systems in the 
     country;
       (ii) strengthen cooperation and facilitate enforcement of 
     export control systems in the country; and
       (iii) promote information and data exchanges among agencies 
     of the country and with the United States; and
       (B) efforts by the Office of International Programs of the 
     Department of Commerce to strengthen the export control 
     systems of the country to--
       (i) facilitate legitimate trade in high-technology goods; 
     and
       (ii) prevent terrorists and state sponsors of terrorism, 
     including Iran, from obtaining nuclear, biological, and 
     chemical weapons, defense technologies, components for 
     improvised explosive devices, and other defense items.
       (b) Destinations of Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Diversion Concern if the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of the Treasury, determines--
       (A) that the government of the country allows substantial 
     transshipment, reexportation, or diversion of items that 
     originated in the United States to end-users whose identities 
     cannot be verified or to entities in Iran; or
       (B) 12 months after the Secretary of Commerce designates 
     the country as a Destination of Possible Diversion Concern 
     under subsection (a)(1), that the country has failed--
       (i) to cooperate with the government-to-government 
     activities initiated by the United States under subsection 
     (a)(2); or
       (ii) based on the criteria described in subsection (a)(1), 
     to adequately strengthen the export control systems of the 
     country.
       (2) Licensing controls with respect to destinations of 
     diversion concern.--
       (A) Report on suspect items.--
       (i) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Director of National Intelligence, the 
     Secretary of State, and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     containing a list of items that, if the items were 
     transshipped, reexported, or diverted to Iran, could 
     contribute to--

       (I) Iran obtaining nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (II) support by Iran for acts of international terrorism.

       (ii) Considerations for list.--In developing the list 
     required under clause (i), the Secretary of Commerce shall 
     consider--

       (I) the items subject to licensing requirements under 
     section 742.8 of title 15, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling) and other 
     existing licensing requirements; and
       (II) the items added to the list of items for which a 
     license is required for exportation to North Korea by the 
     final rule of the Bureau of Export Administration of the 
     Department of Commerce issued on June 19, 2000 (65 Fed. Reg. 
     38148; relating to export restrictions on North Korea).

       (B) Licensing requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce shall require a license to export an item on the 
     list required under subparagraph (A)(i) to a country 
     designated as a Destination of Diversion Concern.
       (C) Waiver.--The President may waive the imposition of the 
     licensing requirement under subparagraph (B) with respect to 
     a country designated as a Destination of Diversion Concern if 
     the President--
       (i) determines that such a waiver is in the national 
     interest of the United States; and
       (ii) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (c) Termination of Designation.--The designation of a 
     country as a Destination of Possible Diversion Concern or a 
     Destination of Diversion Concern shall terminate on the date 
     on which the Secretary of Commerce determines, based on the 
     criteria described in subparagraphs (A) through (D) of 
     subsection (a)(1), and certifies to Congress and the 
     President that the country has adequately strengthened the 
     export control systems of the country to prevent 
     transshipment, reexportation, and diversion of items through 
     the country to end-users whose identities cannot be verified 
     or to entities in Iran.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 304. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO 
                   COUNTRIES OTHER THAN IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Commerce, the Secretary of 
     State, and the Secretary of the Treasury, shall submit to the 
     appropriate congressional committees a report that--
       (1) identifies any country that the Director determines may 
     be transshipping, reexporting, or diverting items subject to 
     the provisions of the Export Administration Regulations to 
     another country if such other country--
       (A) is seeking to obtain nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (B) provides support for acts of international terrorism; 
     and
       (2) assesses the feasability and advisability of expanding 
     the system established under section 303 for designating 
     countries as Destinations of Possible Diversion Concern and 
     Destinations of Diversion Concern to include countries 
     identified under paragraph (1).

                    TITLE IV--EFFECTIVE DATE; SUNSET

     SEC. 401. EFFECTIVE DATE; SUNSET.

       (a) Effective Date.--Except as provided in sections 104, 
     202, and 303(b)(2), the provisions of, and amendments made 
     by, this Act shall take effect on the date that is 120 days 
     after the date of the enactment of this Act.
       (b) Sunset.--The provisions of this Act shall terminate on 
     the date that is 30 days after the date on which the 
     President certifies to Congress that--
       (1) the Government of Iran has ceased providing support for 
     acts of international terrorism and no longer satisfies the 
     requirements for designation as a state sponsor of terrorism 
     under--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)); and
       (2) Iran has ceased the pursuit, acquisition, and 
     development of nuclear, biological, and chemical weapons and 
     ballistic missiles and ballistic missile launch technology.
                                 ______
                                 
  SA 3467. Mr. REID (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       On page 364, between lines 17 and 18, insert the following:

     SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS 
                   VEGAS MCCARRAN INTERNATIONAL AIRPORT ENVIRONS 
                   OVERLAY DISTRICT FOR TRANSIENT LODGING AND 
                   ASSOCIATED FACILITIES.

       (a) In General.--Notwithstanding any other provision of law 
     and except as provided in subsection (b), Clark County, 
     Nevada, is authorized to permit transient lodging, including 
     hotels, and associated facilities, including enclosed 
     auditoriums, concert halls, sports arenas, and places of 
     public assembly, on lands in the Las Vegas McCarran 
     International Airport Environs Overlay District that fall 
     below the forecasted 2017 65 dB day-night annual average 
     noise level (DNL), as identified in the Noise Exposure Map 
     Notice published by the Federal Aviation Administration in 
     the Federal Register on July 24, 2007 (72 Fed. Reg. 40357), 
     and adopted into the Clark County Development Code in June 
     2008.
       (b) Limitation.--No structure may be permitted under 
     subsection (a) that would constitute a hazard to air 
     navigation, result in an increase to minimum flight 
     altitudes, or otherwise pose a significant adverse impact on 
     airport or aircraft operations.
                                 ______
                                 
  SA 3468. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 262, strike line 18 and all that follows through 
     ``or transfer'' on page 263, line 4, and insert the 
     following:
       (2) in subsection (c)--
       (A) in paragraph (2)(A)(i), by striking ``purpose'' and 
     inserting the following: ``purpose, which includes serving as 
     noise buffer land that may be--
       ``(I) undeveloped; or
       ``(II) developed in a way that is compatible with using the 
     land for noise buffering purposes;'';
       (B) in paragraph (2)(B)(iii), by striking ``paid to the 
     Secretary for deposit in the Fund if another eligible project 
     does not exist.'' and inserting ``reinvested in another 
     project at the airport or transferred to another airport as 
     the Secretary prescribes.'';

[[Page 3239]]

       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following:
       ``(3)(A) A lease by an airport owner or operator of land 
     acquired for a noise compatibility purpose using a grant 
     provided under this subchapter shall not be considered a 
     disposal for purposes of paragraph (2).
       ``(B) The airport owner or operator may use revenues from a 
     lease described in subparagraph (A) for ongoing airport 
     operational and capital purposes.
       ``(C) The Administrator of the Federal Aviation 
     Administration shall coordinate with each airport owner or 
     operator to ensure that leases described in subparagraph (A) 
     are consistent with noise buffering purposes.
       ``(D) The provisions of this paragraph apply to all land 
     acquired before, on, or after the date of the enactment of 
     this paragraph.
       ``(4) In approving the reinvestment or transfer.
                                 ______
                                 
  SA 3469. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 489, after line 8, add the following:

     SEC. 7__. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL 
                   AIRPORT.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means Clark County, 
     Nevada.
       (2) Public land.--The term ``public land'' means the land 
     located at--
       (A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount Diablo 
     Meridian;
       (B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of sec. 6, 
     T. 25 S., R. 59 E., Mount Diablo Meridian, together with the 
     SE \1/4\ of sec. 31, T. 24 S., R. 59 E., Mount Diablo 
     Meridian; and
       (C) sec. 8, T. 26 S., R. 60 E., Mount Diablo Meridian.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Land Conveyance.--
       (1) In general.--As soon as practicable after the date 
     described in paragraph (2), subject to valid existing rights, 
     and notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary 
     shall convey to the County, without consideration, all right, 
     title, and interest of the United States in and to the public 
     land.
       (2) Date on which conveyance may be made.--The Secretary 
     shall not make the conveyance described in paragraph (1) 
     until the later of the date on which the Administrator of the 
     Federal Aviation Administration has--
       (A) approved an airport layout plan for an airport to be 
     located in the Ivanpah Valley; and
       (B) with respect to the construction and operation of an 
     airport on the site conveyed to the County pursuant to 
     section 2(a) of the Ivanpah Valley Airport Public Lands 
     Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a 
     record of decision after the preparation of an environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (3) Withdrawal.--Subject to valid existing rights, the 
     public land to be conveyed under paragraph (1) is withdrawn 
     from--
       (A) location, entry, and patent under the mining laws; and
       (B) operation of the mineral leasing and geothermal leasing 
     laws.
       (4) Use.--The public land conveyed under paragraph (1) 
     shall be used for the development of flood mitigation 
     infrastructure for the Southern Nevada Supplemental Airport.
                                 ______
                                 
  SA 3470. Mr. FEINGOLD (for himself, Mr. Coburn, Mr. Brown of Ohio, 
and Mr. McCain) submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; as follows:

       At the end, insert the following:

  TITLE _.--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

     SEC. _01. DEFINITION.

       In this title, the term ``earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark, as defined for purposes of 
     Rule XXI of the Rules of the House of Representatives.

     SEC. _02. RESCISSION.

       Any earmark of funds provided for the Department of 
     Transportation with more than 90 percent of the appropriated 
     amount remaining available for obligation at the end of the 
     9th fiscal year following the fiscal year in which the 
     earmark was made available is rescinded effective at the end 
     of that 9th fiscal year, except that the Secretary of 
     Transportation may delay any such rescission if the Secretary 
     determines that an additional obligation of the earmark is 
     likely to occur during the following 12-month period.

     SEC. _03. AGENCY WIDE IDENTIFICATION AND REPORTS.

       (a) Agency Identification.--Each Federal agency shall 
     identify and report every project that is an earmark with an 
     unobligated balance at the end of each fiscal year to the 
     Director of OMB.
       (b) Annual Report.--The Director of OMB shall submit to 
     Congress and publically post on the website of OMB an annual 
     report that includes--
       (1) a listing and accounting for earmarks with unobligated 
     balances summarized by agency including the amount of the 
     original earmark, amount of the unobligated balance, the year 
     when the funding expires, if applicable, and recommendations 
     and justifications for whether each earmark should be 
     rescinded or retained in the next fiscal year;
       (2) the number of rescissions resulting from this title and 
     the annual savings resulting from this title for the previous 
     fiscal year; and
       (3) a listing and accounting for earmarks provided for the 
     Department of Transportation scheduled to be rescinded at the 
     end of the current fiscal year.
                                 ______
                                 
  SA 3471. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC.       . ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

       Section 41718(a) is amended--
       (1) by striking ``24'' and inserting ``28''; and
       (2) by adding at the end the following:
     ``The Secretary shall allocate 4 of the exemptions granted 
     under the preceding sentence to air carriers to operate 
     limited frequencies and aircraft between Ronald Reagan 
     Washington National Airport and a medium hub airport located 
     outside the perimeter established for civil aircraft 
     operations at Ronald Reagan Washington National Airport but 
     within 1,400 miles of that airport without regard to 
     paragraphs (1) and (2) of this subsection.''.
                                 ______
                                 
  SA 3472. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 29, after line 21, insert the following:
       Sec. 207(b) Prohibition on Use of Passenger Facility 
     Charges to Construct Bicycle Storage Facilities.--Section 
     40117(a)(3) is amended--
       (1) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii);
       (2) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (3) by adding at the end the following:
       ``(B) Bicycle storage facilities.--A project to construct a 
     bicycle storage facility may not be considered an eligible 
     airport-related project.''.
                                 ______
                                 
  SA 3473. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill 
H.R. 1586, to impose an additional tax on bonuses received from certain 
TARP recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC 
                   CONTROL TOWER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Subcommittee 
     on Transportation and Housing and Urban Development, and 
     Related Agencies of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Subcommittee on Transportation, 
     Housing and Urban Development, and Related Agencies of the 
     House of Representatives on the Federal Aviation 
     Administration's plan to staff the Newark Liberty Airport air 
     traffic control tower with a minimum of 35 certified 
     professional controllers within 1 year after such date of 
     enactment.
                                 ______
                                 
  SA 3474. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

[[Page 3240]]



     SEC. 723. PRIORITY OF REVIEW OF CONSTRUCTION PROJECTS.

       (a) Findings.--Congress makes the following findings:
       (1) Winter weather in States located in cold regions of the 
     United States shortens the period during the year in which 
     construction projects may be carried out in such States.
       (2) If the review and approval process for a construction 
     project in a cold weather State is delayed--
       (A) the project may not be completed in 1 construction 
     season; and
       (B) the cost to complete the project will increase.
       (b) Priority Review of Construction Projects in Cold 
     Weather States.--The Administrator of the Federal Aviation 
     Administration shall, to the maximum extent practicable, 
     prioritize the Administrator's review of construction 
     projects so that projects to be carried out in a States in 
     which the weather during a typical calendar year prevents 
     major construction projects from being carried out before May 
     1 are reviewed as early as possible.
                                 ______
                                 
  SA 3475. Mr. McCAIN (for himself and Mr. Bayh) submitted an amendment 
intended to be proposed by him to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. EARMARKS PROHIBITED IN YEARS IN WHICH THERE IS A 
                   DEFICIT.

       (a) In General.--It shall not be in order in the Senate or 
     the House of Representatives to consider a bill, joint 
     resolution, or conference report containing a congressional 
     earmark or an earmark attributable to the President for any 
     fiscal year in which there is or will be a deficit as 
     determined by CBO.
       (b) Congressional Earmark.--In this section, the term 
     ``congressional earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark for purposes of Rule XXI of the 
     House of Representatives.
       (c) Waiver and Appeal.--
       (1) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this section.
                                 ______
                                 
  SA 3476. Mr. ENSIGN (for himself, Mr. Kyl, Mr. McCain, and Mr. 
Coburn) submitted an amendment intended to be proposed to amendment SA 
3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. EXTENDING THE LENGTH OF FLIGHTS FROM RONALD REAGAN 
                   WASHINGTON NATIONAL AIRPORT.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Use of Airport Slots for Beyond Perimeter Flights.--
     Notwithstanding section 49109 or any other provision of law, 
     any air carrier that holds or operates air carrier slots at 
     Ronald Reagan Washington National Airport as of January 1, 
     2010, pursuant to subparts K and S of part 93 of title 14, 
     Code of Federal Regulations, which are being used as of that 
     date for scheduled service between that airport and a large 
     hub airport (as defined in section 40102(a)(29)), may use 
     such slots for service between Ronald Reagan Washington 
     National Airport and any airport located outside of the 
     perimeter restriction described in section 49109.''.
                                 ______
                                 
  SA 3477. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY 
                   MEDICAL AIRCRAFT.

       (a) In General.--Subsection (e) of section 147 (relating to 
     no portion of bonds may be issued for skyboxes, airplanes, 
     gambling establishments, etc.) is amended by adding at the 
     end the following new sentence: ``The preceding sentence 
     shall not apply to any fixed-wing aircraft equipped for, and 
     exclusively dedicated to providing, acute care emergency 
     medical services (within the meaning of 4261(g)(2)).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3478. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       On page 27, line 9, strike ``The Secretary'' and insert 
     ``Effective January 1, 2008, the Secretary''.
                                 ______
                                 
  SA 3479. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       On page 282, between lines 3 and 4, insert the following:

     SEC. 219. DESIGNATION OF FORMER MILITARY AIRPORTS.

       Section 47118(g) is amended by inserting ``or more'' after 
     ``one''.
                                 ______
                                 
  SA 3480. Mr. SCHUMER (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 3452 
proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. TRANSFER OF UNUSED OFF-PEAK HOUR SLOTS AT RONALD 
                   REAGAN WASHINGTON NATIONAL AIRPORT INTO PEAK 
                   HOUR SLOTS.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Transfer of Unused Off-Peak Hour Slots to Peak Hour 
     Slots.--
       ``(1) In general.--Notwithstanding section 41714(d), any 
     other provision of this title, or subpart K or S of part 93 
     of title 14, Code of Federal Regulations, and subject to 
     paragraph (3), the Secretary may transfer any slot available 
     for the takeoff or landing of an aircraft by an air carrier 
     during off-peak hours at the Ronald Reagan Washington 
     National Airport that the Secretary determines is unused into 
     a slot available for the takeoff or landing of an aircraft by 
     an air carrier described in paragraph (2) during peak hours 
     at that Airport.
       ``(2) Air carrier described.--An air carrier described in 
     this paragraph is a new entrant air carrier or a limited 
     incumbent air carrier that the Secretary determines will--
       ``(A) produce maximum competitive benefits, including low 
     fares;
       ``(B) increase the presence of new entrant air carriers and 
     limited incumbent air carriers in air transportation, 
     especially at large hub airports that are dominated by large 
     incumbent air carriers, or otherwise promote air 
     transportation by new entrant air carriers and limited 
     incumbent air carriers; and
       ``(C) use aircraft that--
       ``(i) meet the Stage 3 noise limits under part 36 of title 
     14, Code of Federal Regulations; and
       ``(ii) have a maximum seating capacity of more than 76 
     passengers.
       ``(3) Limitation on increase in hourly operations.--The 
     transfer of a slot under paragraph (1) may not increase the 
     number of operations at Ronald Reagan Washington National 
     Airport in any 1-hour period by more than 4 operations.
       ``(4) Definitions.--In this subsection:
       ``(A) Large incumbent air carrier.--The term `large 
     incumbent air carrier' means, with respect to a large hub 
     airport, an air carrier that holds more than 20 slots at the 
     airport (other than slots for use in foreign air 
     transportation).
       ``(B) Off-peak hours.--The term `off-peak hours' means the 
     time between 10:00 post meridiem and 6:59 ante meridiem.
       ``(C) Peak hours.--The term `peak hours' means the time 
     between 7:00 ante meridiem and 9:59 post meridiem.''.
                                 ______
                                 
  SA 3481. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

       Section 41718(a) is amended--
       (1) by striking ``24'' and inserting ``28''; and
       (2) by adding at the end the following:

     ``The Secretary shall allocate 4 of the exemptions granted 
     under the preceding sentence to air carriers to operate 
     limited frequencies and aircraft between Ronald Reagan 
     Washington National Airport and a

[[Page 3241]]

     medium hub airport located outside the perimeter established 
     for civil aircraft operations at Ronald Reagan Washington 
     National Airport but within 2,000 miles of that airport 
     without regard to paragraphs (1) and (2) of this 
     subsection.''.
                                 ______
                                 
  SA 3482. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       At the end of title VII, add the following:

     SEC. 720. AIR-RAIL CODESHARE STUDY.

       (a) Codeshare Study.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of 
     Transportation, in coordination with the Federal Aviation 
     Administration and the Federal Railroad Administration, shall 
     conduct a study of--
       (1) the current airline and intercity passenger rail 
     codeshare arrangements;
       (2) the best methods for encouraging better integration of 
     future airline and intercity passenger rail schedules; and
       (3) the feasibility of increasing intermodal connectivity 
     of airline and intercity passenger rail facilities and 
     systems to improve passenger travel.
       (b) Considerations.--The study shall consider--
       (1) the potential benefits to passengers from the 
     development of a more efficient travel network through the 
     implementation of more integrated scheduling between airlines 
     and Amtrak or other intercity passenger rail carriers 
     achieved through codesharing arrangements;
       (2) statutory and regulatory challenges or barriers to 
     greater integration of future scheduling through 
     implementation of codeshare arrangements between airlines and 
     Amtrak or other intercity passenger rail carriers;
       (3) financial or other challenges to implementing more 
     integrated codeshare arrangements between airlines and Amtrak 
     or other intercity passenger rail carriers; and
       (4) airport operations that can improve connectivity to 
     intercity passenger rail facilities and stations.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Secretary shall submit 
     a report on the study to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives. The report shall include any conclusions of 
     the Secretary resulting from the study, the Secretary's 
     recommendations for improving intermodal connections between 
     airlines and intercity passenger rail, and the Secretary's 
     recommendations for regulatory or legislative changes 
     necessary to facilitate codeshare arrangements between 
     airlines and Amtrak and other intercity passenger rail 
     carriers.
                                 ______
                                 
  SA 3483. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       On page 282, between lines 3 and 4, insert the following:

     SEC. 219. AIRPORT SUSTAINABILITY PLANNING.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may make a grant from amounts made available 
     under section 48103 of title 49, United States Code, to an 
     entity to develop, in accordance with subsection (b)--
       (1) best practices and metrics with respect to the 
     sustainable design, construction, planning, maintenance, and 
     operation of airports; and
       (2) a rating system and voluntary rating process for 
     airports based on those best practices and metrics.
       (b) Development of Best Practices and Metrics and Voluntary 
     Rating System.--
       (1) In general.--The entity receiving the grant under 
     subsection (a) shall develop--
       (A) consensus-based best practices and metrics for the 
     sustainable design, construction, planning, maintenance, and 
     operation of an airport that comply with standards prescribed 
     by the Administrator of the Federal Aviation Administration, 
     including standards for site location, airport layout, site 
     preparation, paving, and lighting and safety of approaches;
       (B) a consensus-based rating system for airports based on 
     the best practices and metrics developed under subparagraph 
     (A); and
       (C) a voluntary rating process for airports based on the 
     best practices and metrics developed under subparagraph (A) 
     and the rating system developed under subparagraph (B).
       (2) Review and dissemination of best practices and 
     metrics.--The Administrator of the Federal Aviation 
     Administration--
       (A) shall review the best practices and metrics developed 
     under paragraph (1)(A) by the entity receiving the grant 
     under subsection (a) to determine whether those best 
     practices and metrics contribute to the protection of natural 
     resources, the reduction of energy consumption, or the 
     mitigation of any other negative environmental, social, or 
     economic impacts of the design, construction, planning, 
     maintenance, and operation of airports; and
       (B) if the Administrator makes an affirmative determination 
     under subparagraph (A), may publish those best practices and 
     metrics in the Federal Register and on the website of the 
     Federal Aviation Administration in order to disseminate those 
     best practices and metrics to support the sustainable design, 
     construction, planning, maintenance, and operation of 
     airports.
       (c) Applications.--An entity seeking a grant under 
     subsection (a) shall submit an application to the 
     Administrator of the Federal Aviation Administration in such 
     form and containing such information as the Administrator may 
     require.
       (d) Criteria for Awarding Grant.--The Administrator shall 
     award the grant under subsection (a) to an entity that--
       (1) has experience in developing sustainable best practices 
     for transportation or aviation systems or facilities;
       (2) has experience in aviation operations, planning, 
     design, and maintenance and evaluating the costs and benefits 
     of incorporating sustainable design features into aviation 
     projects and practices;
       (3) has experience with commercial or nonprofit sustainable 
     building certification programs; and
       (4) does not have any conflicts of interest that would 
     jeopardize the independence of the entity in developing the 
     best practices and metrics and rating system under subsection 
     (b)(1).
       (e) Determination of Amount of Grant Award.--The 
     Administrator of the Federal Aviation Administration shall--
       (1) determine the amount of the grant award based on the 
     amount the Administrator determines necessary to develop the 
     best practices and metrics and rating system required under 
     subsection (b)(1); and
       (2) publish that amount in any document seeking applicants 
     for the grant under subsection (a).
                                 ______
                                 
  SA 3484. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       After title VII, insert the following:

              TITLE VIII--PREVENTION OF UNREASONABLE FEES

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Prevention of Unreasonable 
     Fees Act''.

     SEC. 802. PREVENTION OF UNREASONABLE FEES.

       Section 14501(d) is amended--
       (1) in paragraph (1), by striking ``on account of the fact 
     that a motor vehicle'' and inserting ``to be paid with 
     respect to a motor vehicle that'';
       (2) by redesignating paragraphs (2) and (3) as paragraph 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Transportation terminal fees prohibited.--An operator 
     of a transportation terminal that, at any time after the date 
     of enactment of the Prevention of Unreasonable Fees Act, uses 
     any Federal funds for the construction, expansion, 
     renovation, or other capital improvement of such 
     transportation terminal, or for the purchase or lease of any 
     equipment installed in such transportation terminal or on its 
     property, may not charge any fee to a provider of prearranged 
     ground transportation service described in paragraph (1), 
     except--
       ``(A) a fee charged to the general public for access to, or 
     use of, any part of the transportation terminal; or
       ``(B) a fee for the availability of ancillary facilities at 
     the transportation terminal that is reasonable in relation to 
     the costs of operating the ancillary facilities.'';
       (4) by amending paragraph (3), as redesignated, to read as 
     follows:
       ``(3) Definitions.--In this section:
       ``(A) Ancillary facilities.--The term `ancillary 
     facilities' includes restrooms, vending machines, monitoring 
     facilities that advise parties accessing the transportation 
     terminal of arrivals or departures of aircraft, buses, 
     trains, ships, or boats, and such other facilities determined 
     by the Secretary to be necessary, appropriate, desirable, or 
     useful to the business of providing prearranged ground 
     transportation service.
       ``(B) Intermediate stop.--The term `intermediate stop', 
     with respect to transportation by a motor carrier, means a 
     pause in the transportation in order for 1 or more passengers 
     to engage in personal or business activity if the driver 
     providing the transportation to such passengers does not, 
     before resuming the transportation of at least 1 of such 
     passengers, provide transportation to any other person not 
     included among the passengers being transported when the 
     pause began.
       ``(C) Transportation terminal.--The term `transportation 
     terminal' means any airport, port facility for ships or 
     boats, train station, or bus terminal, including any 
     principal building and all ancillary buildings, roads, 
     runways, and other facilities.'';

[[Page 3242]]

       (5) in paragraph (4), as redesignated--
       (A) in subparagraph (B)--
       (i) by striking ``an airport, train, or bus'' and inserting 
     ``a transportation''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) as prohibiting or restricting a transportation 
     terminal operator from requiring vehicles that cannot safely 
     use parking facilities that are otherwise available to the 
     general public to use segregated facilities, if the fee for 
     such facilities is not more than the amount charged to the 
     public for similar facilities;'';
       (D) in subparagraph (D), as redesignated, by striking the 
     period at the end and inserting ``; or''; and
       (E) by inserting after subparagraph (D), as redesignated, 
     the following:
       ``(E) as restricting the right of any State or political 
     subdivision of a State to require a license or fee (other 
     than a fee by a transportation terminal operator prohibited 
     under paragraph (2)) with respect to a vehicle that is 
     providing transportation not described in paragraph (1).''.

     SEC. 803. REGULATIONS.

       (a) In General.--Not later than December 31, 2010, the 
     Secretary of Transportation shall promulgate regulations to 
     carry out the provisions of section 14501(d) of title 49, 
     United States Code, as amended by section 802.
       (b) Provisions.--The regulations promulgated pursuant to 
     subsection (a) shall include--
       (1) a comprehensive list of the ancillary facilities 
     determined by the Secretary to be necessary, appropriate, 
     desirable, and useful to the business of the provision of 
     prearranged ground transportation service;
       (2) a schedule of suggested fees that--
       (A) may be charged for such ancillary facilities by any 
     transportation terminal operator to a provider of prearranged 
     ground transportation service for the availability of the 
     ancillary facility; and
       (B) are determined by the Secretary to be reasonable in 
     relation to the costs of operating the ancillary facility;
       (3) a requirement that any fee proposed by a transportation 
     terminal operator for the availability of an ancillary 
     facility may not be greater than the fee for such ancillary 
     facility provided in the schedule described in paragraph (2), 
     unless the fee is approved in advance by the Secretary after 
     a public hearing and determination that the proposed fee and 
     the amount of the fee for the availability of such ancillary 
     facility at such transportation terminal--
       (A) is reasonable in relation to the costs of operating the 
     ancillary facility; and
       (B) otherwise complies with section 14501(d) of title 49, 
     United States Code; and
       (4) such other provisions as the Secretary determines to be 
     necessary or appropriate to carry out such section 14501(d) 
     in a manner that prevents the imposition by a transportation 
     terminal operator of--
       (A) fees to be paid by or with respect to a motor vehicle 
     that is providing prearranged ground transportation service; 
     or
       (B) any other discriminatory or punitive action or measure 
     against, or with respect to, a motor vehicle that is 
     providing prearranged ground transportation service.
                                 ______
                                 
  SA 3485. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. LOAN GUARANTEES FOR SHIPYARDS AND REPROGRAMMING OF 
                   FUNDS FOR SEALIFT CAPACITY.

       Section 115 of the Miscellaneous Appropriations and Offsets 
     Act, 2004 (division H of Public Law 108-199; 118 Stat. 439), 
     as amended by section 1017 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 250), is 
     amended to read as follows:
       ``Sec. 115. (a)(1) Of the amounts provided in the 
     Department of Defense Appropriations Act, 2002 (Public Law 
     107-117; 115 Stat. 2244), the Department of Defense 
     Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 
     1533), and the Department of Defense Appropriations Act, 2004 
     (Public Law 108-87; 117 Stat. 1068) under the heading 
     `National Defense Sealift Fund' for construction of 
     additional sealift capacity, notwithstanding section 
     2218(c)(1) of title 10, United States Code--
       ``(A) $15,000,000, shall be made available for the 
     Secretary of Transportation to make loan guarantees as 
     described in subsection (b); and
       ``(B) any remaining amount may be made available for--
       ``(i) design testing simulation and construction of 
     infrastructure improvements to a marine cargo terminal 
     capable of supporting a mixed use of traditional container 
     operations, high speed loading and off-loading, and military 
     sealift requirements; and
       ``(ii) engineering, simulation, and feasibility evaluation 
     of advance design vessels for the transport of high-value, 
     time sensitive cargoes to expand a capability to support 
     military sealift, aviation, and commercial operations.
       ``(2) The amounts made available in this subsection shall 
     remain available until expended.
       ``(b)(1) A loan guarantee described in this subsection is a 
     loan guarantee issued by the Secretary of Transportation to 
     maintain the capability of a qualified shipyard to construct 
     a large ocean going commercial vessel if the applicant for 
     such a loan guarantee demonstrates that absent such loan 
     guarantee--
       ``(A) the domestic capacity for the construction of large 
     ocean going commercial vessels will be significantly 
     impaired;
       ``(B) more than 1,000 shipbuilding-related jobs will be 
     terminated at any one facility; and
       ``(C) the capability of domestic shipyards to meet the 
     demand for replacement and expansion of the domestic ocean 
     going commercial fleet will be significantly constrained.
       ``(2) In this subsection, the term `qualified shipyard' 
     means a shipyard that--
       ``(A) is located in the United States;
       ``(B) consists of at least one facility with not less than 
     of 1,000 employees;
       ``(C) has exclusively constructed ocean going commercial 
     vessels larger than 20,000 gross registered tons;
       ``(D) delivered 8 or more such ocean going commercial 
     vessels during the 5-year period ending on the date of the 
     enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act; and
       ``(E) applies for a loan guarantee made available pursuant 
     to subsection (a)(1)(A).
       ``(3) Notwithstanding the provisions of chapter 537 of 
     subtitle V of title 46, United States Code, or any 
     regulations issued pursuant to such chapter, a loan guarantee 
     pursuant to subsection (a)(1)(A) shall be issued only to a 
     qualified shipyard upon commitment by the qualified shipyard 
     of not less than $40,000,000 in equity and demonstrated proof 
     that actual construction of the new vessel for which such 
     loan guarantee was issued will commence not later than April 
     30, 2010.
       ``(4) A loan guarantee issued pursuant to subsection 
     (a)(1)(A) shall be deemed to have a subsidy rate of no 
     greater than 9 percent.
       ``(5) The Secretary of Transportation shall select each 
     qualified shipyard to receive a loan guarantee pursuant to 
     subsection (a)(1)(A) not later than 60 days after the date of 
     the enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act.''.
                                 ______
                                 
  SA 3486. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 201, strike lines 20 through 24, and insert the 
     following:
       (b) Minimum Experience Requirement.--
       (1) In general.--The final rule prescribed under subsection 
     (a) shall, among any other requirements established by the 
     rule, require that a pilot--
       (A) have not less than 800 hours of flight time before 
     serving as a flightcrew member for a part 121 air carrier; 
     and
       (B) demonstrate the ability to--
       (i) function effectively in a multipilot environment;
       (ii) function effectively in an air carrier operational 
     environment;
       (iii) function effectively in adverse weather conditions, 
     including icing conditions;
       (iv) function effectively during high altitude operations; 
     and
       (v) adhere to the highest professional standards.
       (2) Hours of flight experience in difficult operational 
     conditions.--The total number of hours of flight experience 
     required by the Administrator under paragraph (1) for pilots 
     shall include a number of hours of flight experience in 
     difficult operational conditions that may be encountered by 
     an air carrier that the Administrator determines to be 
     sufficient to enable a pilot to operate an aircraft safely in 
     such conditions.
                                 ______
                                 
  SA 3487. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Harkin, Mr. 
Conrad, and Mr. Burris) submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title IV, add the following:

     SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

       (a) In General.--Subchapter II of chapter 417 of title 49, 
     United States Code, is amended by striking section 41747, and 
     such title 49 shall be applied as if such section 41747 had 
     not been enacted.
       (b) Clerical Amendment.--The table of sections for chapter 
     417 of title 49, United

[[Page 3243]]

     States Code, is amended by striking the item relating to 
     section 41747.
                                 ______
                                 
  SA 3488. Mr. WARNER submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS 
                   OPERATING CHARITABLE MEDICAL FLIGHTS.

       In administering part 61.113(c) of title 14, Code of 
     Federal Regulations, the Administrator of the Federal 
     Aviation Administration shall allow an aircraft owner or 
     aircraft operator who has volunteered to provide 
     transportation for an individual or individuals for medical 
     purposes to accept reimbursement to cover all or part of the 
     fuel costs associated with the operation from a volunteer 
     pilot organization.
                                 ______
                                 
  SA 3489. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the 
bill H.R. 1586, to impose an additional tax on bonuses received from 
certain TARP recipients; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. FORFEITURE OF SLOTS UPON INCREASING EXTRAPERIMETER 
                   SERVICE FROM REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       Section 41718 is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Reallocation of Exemptions Upon Commencement of 
     Certain Service.--
       ``(1) In general.--If, after the date of enactment of the 
     FAA Air Transportation Modernization and Safety Improvement 
     Act, an air carrier--
       ``(A) commences air transportation pursuant to an exemption 
     under subsection (a) to a beyond-perimeter airport previously 
     unserved by that air carrier from Ronald Reagan Washington 
     National Airport,
       ``(B) provides additional service to a beyond-perimeter 
     airport served by that air carrier from that airport, or
       ``(C) exchanges an exemption granted under subsection (b) 
     for an exemption granted under subsection (a),
     the air carrier shall forfeit 4 of its other exemptions 
     granted under subsection (a) or (b).
       ``(2) Reallocation of forfeited exemptions.--If an air 
     carrier forfeits exemptions under paragraph (1), the 
     Secretary--
       ``(A) shall grant one of the forfeited exemptions to a new 
     entrant air carrier or limited incumbent air carrier; and
       ``(B) may grant the remaining exemption to another air 
     carrier under this section in accordance with the 
     requirements of this section.''.
                                 ______
                                 
  SA 3490. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. IMPACT ANALYSIS REQUIRED BEFORE ANY ADDITIONAL 
                   SLOTS.

       The Secretary of Transportation may not grant an exemption 
     under subsection (a) or (b) of section 41718 of title 49, 
     United States Code, not authorized by that section (as in 
     effect on the day before the date of enactment of this Act) 
     unless the Secretary has conducted a study and determined 
     that the additional exemption--
       (1) will cause no strain on existing gate and parking 
     facilities at Ronald Reagan Washington National Airport;
       (2) will have no impact on the environment;
       (3) will not increase traffic congestion at or near the 
     airport; and
       (4) will not exacerbate community concerns about airport-
     related noise.
                                 ______
                                 
  SA 3491. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ALASKA NATIVE AVIATION TRAINING PROGRAM.

       (a) In General.--chapter 445 is amended by adding at the 
     end the following:

     ``44518. Alaska Native aviation training program

       ``(a) General Authority.--The Secretary of Transportation 
     shall carry out, at a minimum, one project to improve 
     opportunities for residents of Alaska Native communities to 
     receive aviation training to enhance safety in air service to 
     and from remote Alaska Native communities.
       ``(b) Implementation.--
       ``(1) In general.--In carrying out this section, the 
     Secretary shall provide funding through a grant, contract, or 
     another agreement described in section 106(l)(5) to a non-
     profit organization composed of Federally recognized tribes 
     operating flight and air mechanics schools in an Alaska 
     Native community.
       ``(2) Project selection.--The Secretary shall select a 
     project under this subsection that provides training for 
     residents of Alaska Native communities--
       ``(A) to obtain commercial pilot certificates pursuant to 
     part 61 of title 14, Code of Federal Regulations; and
       ``(B) to obtain mechanic certificates pursuant to subpart D 
     of part 65 of such title.
       ``(c) Matching share.--Notwithstanding section 47109 or any 
     other provision of law, the Federal share of allowable 
     project costs for a project under this section shall be 100 
     percent.
       ``(d) Terms and conditions.--The Secretary may establish 
     such terms and conditions as the Secretary determines 
     appropriate, consistent with the provisions of the Indian 
     Self-Determination and Education Assistance Act of 1975 (25 
     U.S.C. 450 et seq.) for carrying out a project under this 
     section, including terms and conditions relating to the form 
     and content of a proposal for a project, project assurances, 
     and schedule of payments.
       ``(e) Administration.--The Secretary may enter into an 
     agreement in accordance with section 106(m) to provide for 
     the administration of any project under the program.
       ``(f) Authorization of Appropriations.--Notwithstanding any 
     other provision of law, the Secretary shall make available 
     not less than $1,000,000 of the amounts made available to the 
     Secretary under section 48105 of this title for each of 
     fiscal years 2011 and 2012 to carry out this section.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 445 is amended by adding at the end the following:

``44518.Alaska Native aviation training program''.
                                 ______
                                 
  SA 3492. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR 
                   OTHER OXIDIZING GASES.

       (a) In General.--The transportation within Alaska of 
     cylinders of compressed oxygen, nitrous oxide, or other 
     oxidizing gases aboard aircraft shall be exempt from 
     compliance with the requirements, under sections 
     173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the 
     Pipeline and Hazardous Material Safety Administration's 
     regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 
     173.304(f)(3) and (f)(4)), that oxidizing gases transported 
     aboard aircraft be enclosed in outer packaging capable of 
     passing the flame penetration and resistance test and the 
     thermal resistance test, without regard to the end use of the 
     cylinders, if--
       (1) there is no other practical means of transportation for 
     transporting the cylinders to their destination and 
     transportation by ground or vessel is unavailable; and
       (2) the transportation meets the requirements of subsection 
     (b).
       (b) Exemption Requirements.--Subsection (a) shall not apply 
     to the transportation of cylinders of compressed oxygen, 
     nitrous oxide, or other oxidizing gases aboard aircraft 
     unless the following requirements are met:
       (1) Packaging.--
       (A) Smaller cylinders.--Each cylinder with a capacity of 
     not more than 116 cubic feet shall be--
       (i) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (ii) placed in a rigid outer packaging or an ATA 300 
     Category 1 shipping container.
       (B) Larger cylinders.--Each cylinder with a capacity of 
     more than 116 cubic feet but not more than 281 cubic feet 
     shall be--
       (i) secured within a frame;
       (ii) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (iii) fitted with a securely attached metal cap of 
     sufficient strength to protect the valve from damage during 
     transportation.
       (2) Operational controls.--
       (A) Storage; access to fire extinguishers.--Unless the 
     cylinders are stored in a Class C cargo compartment or its 
     equivalent on the aircraft, crew members shall have access to 
     the cylinders and at least 2 fire extinguishers shall be 
     readily available for use by the crew members.

[[Page 3244]]

       (B) Shipment with other hazardous materials.--The cylinders 
     may not be transported in the same aircraft with other 
     hazardous materials other than Division 2.2 materials with no 
     subsidiary risk, Class 9 materials, and ORM-D materials.
       (3) Aircraft requirements.--
       (A) Aircraft type.--The transportation shall be provided 
     only aboard a passenger-carrying aircraft or a cargo 
     aircraft.
       (B) Passenger-carrying aircraft.--
       (i) Smaller cylinders only.--A cylinder with a capacity of 
     more than 116 cubic feet may not be transported aboard a 
     passenger-carrying aircraft.
       (ii) Maximum number.--Unless transported in a Class C cargo 
     compartment or its equivalent, no more than 6 cylinders in 
     each cargo compartment may be transported aboard a passenger-
     carrying aircraft.
       (C) Cargo aircraft.--A cylinder may not be transported 
     aboard a cargo aircraft unless it is transported in a Class B 
     cargo compartment or a Class C cargo compartment or its 
     equivalent.
       (c) Definitions.--Terms used in this section shall have the 
     meaning given those terms in parts 106, 107, and 171 through 
     180 of the Pipeline and Hazardous Material Safety 
     Administration's regulations (49 C.F.R. parts 106, 107, and 
     171-180).
                                 ______
                                 
  SA 3493. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON 
                   NATIONAL AIRPORT.

       (a) Beyond Perimeter Exemptions.--Section 41718(a) is 
     amended by striking ``24'' and inserting ``34''.
       (b) Limitations.--Section 41718(c)(2) is amended by 
     striking ``3 operations'' and inserting ``5 operations''.
       (c) Allocation of Beyond-Perimeter Exemptions.--Section 
     41718(c) is further amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Slots.--The Administrator of the Federal Aviation 
     Administration shall reduce by 10 the total number of slots 
     available for air carriers at Ronald Reagan Washington 
     National Airport during a 24-hour period by eliminating slots 
     during the 1-hour periods beginning at 6:00 a.m., 10:00 p.m., 
     and 11:00 p.m. that are available for allocation, in order to 
     grant exemptions under subsection (a).''.
       (d) Scheduling Priority.--Section 41718 is further 
     amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Scheduling Priority.--In administering this section, 
     the Secretary shall afford a scheduling priority to 
     operations conducted by new entrant air carriers and limited 
     incumbent air carriers over operations conducted by other air 
     carriers granted exemptions pursuant to this section, with 
     the highest scheduling priority to be afforded to beyond-
     perimeter operations conducted by new entrant air carriers 
     and limited incumbent air carriers.''.
                                 ______
                                 
  SA 3494. Mr. WICKER submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. TECHNICAL CORRECTION.

       Section 159(b)(2)(C) of title I of division A of the 
     Consolidated Appropriations Act, 2010, is amended by striking 
     clauses (i) and (ii) and inserting the following:
       ``(i) requiring inspections of any container containing a 
     firearm or ammunition; and
       ``(ii) the temporary suspension of firearm carriage service 
     if credible intelligence information indicates a threat 
     related to the national rail system or specific routes or 
     trains.''.
                                 ______
                                 
  SA 3495. Mr. BENNETT (for himself, Mr. Brownback, and Mr. Wicker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1586, to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. RIGHT OF THE PEOPLE OF THE DISTRICT OF COLUMBIA TO 
                   DEFINE MARRIAGE.

       (a) Findings.--Congress finds that--
       (1) a broad coalition of residents of the District of 
     Columbia petitioned for an initiative in accordance with the 
     District of Columbia Home Rule Act to establish that ``only 
     marriage between a man and a woman is valid or recognized in 
     the District of Columbia'';
       (2) this petition anticipated the Council of the District 
     of Columbia's passage of an Act legalizing same-sex marriage;
       (3) the unelected District of Columbia Board of Elections 
     and Ethics and the unelected District of Columbia Superior 
     Court thwarted the residents' initiative effort to define 
     marriage democratically, holding that the initiative amounted 
     to discrimination prohibited by the District of Columbia 
     Human Rights Act; and
       (4) the definition of marriage affects every person and 
     should be debated openly and democratically.
       (b) Referendum or Initiative Requirement.--Notwithstanding 
     any other provision of law, including the District of 
     Columbia Human Rights Act, the government of the District of 
     Columbia shall not issue a marriage license to any couple of 
     the same sex until the people of the District of Columbia 
     have the opportunity to hold a referendum or initiative on 
     the question of whether the District of Columbia should issue 
     same-sex marriage licenses.
                                 ______
                                 
  SA 3496. Mr. CARDIN (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       Strike section 405 and insert the following:

     SEC. 405. DISCLOSURE OF PASSENGER FEES; PROHIBITION ON FEES 
                   FOR CARRY-ON BAGGAGE.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete a rulemaking that--
       (1) prohibits each air carrier operating in the United 
     States under part 121 of title 49, Code of Federal 
     Regulations, from charging any fees for carry-on baggage that 
     falls within the restrictions imposed by the air carrier with 
     respect to the weight, size, or number of bags;
       (2) requires each such air carrier to make detailed 
     information about restrictions with respect to the weight, 
     size, and number carry-on baggage available to passengers 
     before they arrive at the airport for a scheduled departure 
     on the air carrier; and
       (3) requires each such air carrier to make available to the 
     public and to the Secretary a list of all passenger fees and 
     charges (other than airfare) that may be imposed by the air 
     carrier, including fees for--
       (A) checked baggage or oversized or heavy baggage, 
     including specialty items such as bicycles, skis, and 
     firearms;
       (B) meals, beverages, or other refreshments;
       (C) seats in exit rows, seats with additional space, or 
     other preferred seats in any given class of travel;
       (D) purchasing tickets from an airline ticket agent or a 
     travel agency; or
       (E) any other good, service, or amenity provided by the air 
     carrier, as required by the Secretary.
       (b) Publication; Updates.--In order to ensure that the fee 
     information required by subsection (a)(3) is both current and 
     widely available to the traveling public, the Secretary--
       (1) may require an air carrier to make such information 
     available on any public website maintained by an air carrier, 
     to make such information available to travel agencies, and to 
     notify passengers of the availability of such information 
     when advertising airfares; and
       (2) shall require air carriers to update the information as 
     necessary, but no less frequently than every 90 days unless 
     there has been no increase in the amount or type of fees 
     shown in the most recent publication.
                                 ______
                                 
  SA 3497. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       Strike section 412 and insert the following:

     SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE 
                   ADJUSTMENT ELIGIBILITY.

       Section 409(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 41731 note) is amended by 
     striking ``September 30, 2010.'' and inserting ``September 
     30, 2013.''.
                                 ______
                                 
  SA 3498. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; an follows:

       On page 3, in the first House amendment strike:

[[Page 3245]]



            ``SUBTITLE E--DISADVANTAGED BUSINESS ENTERPRISES

     SEC. 451. DISADVANTAGED BUSINESS ENTERPRISES.

       and insert:

           ``SUBTITLE E--UNPROFITABLE BUSINESS ENTERPRISES''

                                 ______
                                 
  SA 3499. Mr. DURBIN proposed an amendment to amendment SA 3498 
proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for 
the Departments of Commerce and Justice, and Science, and Related 
Agencies for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the end of the pending amendment insert the following:

     SEC. 451. UNPROFITABLE BUSINESS ENTERPRISES.

                                 ______
                                 
  SA 3500. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       At the end, insert the following:
       The Senate Committee on Appropriations is requested to 
     study the impact of any delays in enactment on the creation 
     of any jobs on a regional basis.
                                 ______
                                 
  SA 3501. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; as follows.

       At the end, insert the following:
       ``and include any local statistics.''
                                 ______
                                 
  SA 3502. Mr. DURBIN proposed an amendment to amendment SA 3501 
proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for 
the Departments of Commerce and Justice, and Science, and Related 
Agencies for the fiscal year ending September 30, 2010, and for other 
purposes; an follows:

       At the end, insert the following:
       ``including specific information on the types of jobs 
     created.''
                                 ______
                                 
  SA 3503. Mr. MENENDEZ (for himself, Mr. Schumer, Mrs. Gillibrand, and 
Mr. Lautenberg) submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/
                   NEW JERSEY/PHILADELPHIA METROPOLITAN AREA 
                   AIRSPACE REDESIGN.

       Not later than 270 days after the date of the enactment of 
     this Act and every 180 days thereafter until the completion 
     of the New York/New Jersey/Philadelphia Metropolitan Area 
     Airspace Redesign, the Administrator of the Federal Aviation 
     Administration shall, in conjunction with the Port Authority 
     of New York and New Jersey and the Philadelphia International 
     Airport--
       (1) monitor the air noise impacts of the New York/New 
     Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
       (2) submit to Congress a report on the findings of the 
     Administrator with respect to the monitoring described in 
     paragraph (1).
                                 ______
                                 
  SA 3504. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 204, between lines 17 and 18, insert the following:
       (e) Study.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall review relevant air carrier data and 
     carry out a study--
       (A) to identify common sources of distraction for the 
     cockpit flight crew on commercial aircraft; and
       (B) to determine the safety impacts of such distractions.
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (A) the findings of the study conducted under paragraph 
     (1); and
       (B) recommendations about ways to reduce distractions for 
     cockpit flight crews.
                                 ______
                                 
  SA 3505. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IV, add the following:

     SEC. 407. PROHIBITION ON FUEL SURCHARGES NOT CORRELATED TO 
                   COST OF AIR TRANSPORTATION.

       (a) In General.--Section 41712, as amended by this Act, is 
     further amended by adding at the end the following:
       ``(d) Prohibition on Fuel Surcharges Not Correlated to 
     Cost.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for an air carrier or foreign 
     air carrier to impose a fuel surcharge with respect to a 
     ticket for air transportation unless the amount of the fuel 
     surcharge correlates to the amount paid by the air carrier 
     for fuel and to the amount of fuel used by the air carrier to 
     provide the purchaser with such air transportation.
       ``(2) Determinations of correlation.--The Secretary of 
     Transportation, in consultation with the Administrator of the 
     Federal Aviation Administration, shall prescribe standards to 
     be used in determining under paragraph (1) whether a fuel 
     surcharge imposed by an air carrier correlates to the amount 
     paid by the air carrier for fuel and to the amount of fuel 
     used by the air carrier to provide air transportation.''.
       (b) Regulations.--The Secretary of Transportation, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall prescribe such regulations as may be 
     necessary to carry out subsection (d) of section 41712 of 
     title 49, United States Code, as added by subsection (a) of 
     this section.
                                 ______
                                 
  SA 3506. Mr. MENENDEZ (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the end of subtitle A of title IV, add the following:

     SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE 
                   OF AIRLINE TICKETS.

       (a) In General.--The Office of Aviation Consumer Protection 
     and Enforcement of the Department of Transportation shall 
     establish rules to ensure that all consumers are able to 
     easily and fairly compare airfares and other costs applicable 
     to tickets for air transportation, including all taxes and 
     fees.
       (b) Notice of Taxes and Fees Applicable to Tickets for Air 
     Transportation.--Section 41712, as amended by this Act, is 
     further amended by adding at the end the following:
       ``(d) Notice of Taxes and Fees Applicable to Tickets for 
     Air Transportation.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for an air carrier, foreign air 
     carrier, or ticket agent to sell a ticket for air 
     transportation unless the air carrier, foreign air carrier, 
     or ticket agent, as the case may be--
       ``(A) displays information with respect to the taxes and 
     fees described in paragraph (2), including the amount and a 
     description of each such tax or fee, simultaneously with and 
     in reasonable proximity to the price listed for the ticket; 
     and
       ``(B) in the case of a ticket for air transportation sold 
     on the Internet, provides to the purchaser of the ticket 
     information with respect to the taxes and fees described in 
     paragraph (2), including the amount and a description of each 
     such tax or fee, before requiring the purchaser to provide 
     any personal information, including the name, address, phone 
     number, e-mail address, or credit card information of the 
     purchaser.
       ``(2) Taxes and fees described.--The taxes and fees 
     described in this paragraph are all taxes, fees, and charges 
     applicable to a ticket for air transportation, including--
       ``(A) all taxes, fees, charges, and surcharges included in 
     the price paid by a purchaser for the ticket, including fuel 
     surcharges and surcharges relating to peak or holiday travel; 
     and
       ``(B) any fees for checked baggage, seating assignments, 
     and optional in-flight goods and services, and other fees 
     that may be charged after the ticket is purchased.''.
       (c) Regulations.--The Secretary of Transportation, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall prescribe such regulations as may be 
     necessary to carry out subsection (d) of section 41712 of 
     title 49, United States Code, as added by subsection (b) of 
     this section.
                                 ______
                                 
  SA 3507. Mr. JOHANNS submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:


[[Page 3246]]

       At the end of subtitle B of title V, add the following:

     SEC. 564. STUDY ON COSTS OF IMPROVEMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a study and report to Congress on the costs and 
     benefits associated with required airport security 
     improvements, including the costs for airports to install 
     backscatter or other advanced scanning equipment, and the 
     additional capital expenditures airports will need to make to 
     accommodate the required improvements.
                                 ______
                                 
  SA 3508. Mr. JOHANNS submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. STUDY ON AVIATION FUEL PRICES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and report to Congress on 
     the impact of increases in aviation fuel prices on the 
     Airport and Airway Trust Fund and the aviation industry in 
     general. The study shall include the impact of increases in 
     aviation fuel prices on--
       (1) general aviation;
       (2) commercial passenger aviation;
       (3) piston aircraft purchase and use;
       (4) the aviation services industry, including repair and 
     maintenance services;
       (5) aviation manufacturing;
       (6) aviation exports; and
       (7) the use of small airport installations.
       (b) Assumptions About Aviation Fuel Prices.--In conducting 
     the study required by subsection (a), the Comptroller General 
     shall use the average aviation fuel price for fiscal year 
     2010 as a baseline and measure the impact of increases in 
     aviation fuel prices that range from 5 percent to 200 percent 
     over the 2010 baseline.
                                 ______
                                 
  SA 3509. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 77, strike lines 13 through 18, and insert the 
     following:
       (2)  IDENTIFICATION and measurement of benefits.--In the 
     report required by paragraph (1), the Administrator shall 
     identify actual benefits that will accrue to National 
     Airspace System users, small and medium-sized airports, and 
     general aviation users from deployment of ADS-B and provide 
     an explanation of the metrics used to quantify those 
     benefits.
                                 ______
                                 
  SA 3510. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 80, after line 21, insert the following:
       (d) Conditional Extension of Deadlines for Equipping 
     Aircraft With ADS-B Technology.--
       (1) ADS-B out.--In the case that the Administrator fails to 
     complete the initial rulemaking described in subparagraph (A) 
     of subsection (b)(1) on or before the date that is 45 days 
     after the date of the enactment of this Act, the deadline 
     described in clause (ii) of such subparagraph shall be 
     extended by an amount of time that is equal to the amount of 
     time of the period beginning on the date that is 45 days 
     after the date of the enactment of this Act and ending on the 
     date on which the Administrator completes such initial 
     rulemaking.
       (2) ADS-B in.--In the case that the Administrator fails to 
     initiate the rulemaking required by paragraph (2) of 
     subsection (b) on or before the date that is 45 days after 
     the date of the enactment of this Act, the deadline described 
     in subparagraph (B) of such paragraph shall be extended by an 
     amount of time that is equal to the amount of time of the 
     period beginning on the date that is 45 days after the date 
     of the enactment of this Act and ending on the date on which 
     the Administrator initiates such rulemaking.
                                 ______
                                 
  SA 3511. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 98, between lines 20 and 21, insert the following:

     SEC. 325. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES 
                   PROJECT.

       (a) Initial Report.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator shall submit 
     to Congress a report on the strategy of the Administrator for 
     implementing, on an accelerated basis, the NextGen 
     operational capabilities produced by the Greener Skies 
     project, as recommended in the final report of the RTCA 
     NextGen Mid-Term Implementation Task Force that was issued on 
     September 9, 2009.
       (b) Subsequent Reports.--
       (1) In general.--Not later than 180 days after the 
     Administrator submits to Congress the report required by 
     subsection (a) and not less frequently than once every 180 
     days thereafter until September 30, 2011, the Administrator 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress of the Administrator 
     in carrying out the strategy described in the report 
     submitted under subsection (a).
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A timeline for full implementation of the strategy 
     described in the report submitted under subsection (a).
       (B) A description of the progress made in carrying out such 
     strategy.
       (C) A description of the challenges, if any, encountered by 
     the Administrator in carrying out such strategy.
                                 ______
                                 
  SA 3512. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 279, after line 24, add the following:

     SEC. 7__. STUDIES OF NATURAL SOUNDSCAPE PRESERVATION.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (b) Study of Least Degraded National Park Service Natural 
     Soundscapes.--
       (1) In general.--The Secretary shall conduct a study to 
     identify National Park Service natural soundscape values and 
     resources, as defined by policies 4.9 and 8.2 of the 2006 
     Management Policies of the National Park Service.
       (2) Identification of lease degraded soundscapes.--In 
     conducting the study under paragraph (1), the Secretary shall 
     analyze and identify National Park Service natural 
     soundscapes that have been the least degraded by--
       (A) unnatural sounds; and
       (B) undesirable sounds cause by humans.
       (3) Technical assistance.--To the extent that the Secretary 
     has identified aviation or aircraft noise as 1 of the sources 
     of natural soundscapes degradation, the Secretary of 
     Transportation, acting through the Administrator, shall 
     provide technical assistance to the Secretary in carrying out 
     the study under paragraph (1).
       (c) Study of Preservation of Natural Soundscape 
     Resources.--To the extent that the Secretary has identified 
     aviation or aircraft noise as 1 of the sources of National 
     Park Service natural soundscapes degradation, the Secretary, 
     in coordination with the Secretary of Transportation (acting 
     through the Administrator), shall conduct a study to identify 
     methods to preserve the National Park Service natural 
     soundscapes that have been the least degraded by--
       (1) unnatural sounds; and
       (2) undesirable sounds caused by humans.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that--
       (1) describes the results of the studies conducted under 
     subsections (b) and (c); and
       (2) includes any recommendations that the Secretary 
     determines to be appropriate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3513. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 46, beginning on line 4, strike all through line 
     25, and insert the following:
       ``(C) 7 members representing aviation interests, as 
     follows:
       ``(i) 1 representative that is the chief executive officer 
     of an airport.
       ``(ii) 1 representative that is the chief executive officer 
     of a passenger or cargo air carrier.
       ``(iii) 1 representative of a labor organization 
     representing employees at the Federal

[[Page 3247]]

     Aviation Administration that are involved with the operation 
     of the air traffic control system.
       ``(iv) 1 representative with extensive operational 
     experience in the general aviation community.
       ``(v) 1 representative from an aircraft manufacturer.
       ``(vi) 1 representative of a labor organization 
     representing employees at the Federal Aviation Administration 
     who are involved with maintenance of the air traffic control 
     system.
       ``(vii) 1 representative that is the chief executive 
     officer of a small- or medium-sized airport.''.

                          ____________________