[Congressional Record Volume 156, Number 37 (Monday, March 15, 2010)]
[Senate]
[Pages S1530-S1532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3514. Mr. FEINGOLD 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 II, add the following:

     SEC. 219. INCLUSION OF HIGH-PERFORMANCE GREEN BUILDINGS AS 
                   AIRPORT DEVELOPMENT.

       Section 47102(3), as amended by section 208(j) of this Act, 
     is further amended by adding at the end the following:
       ``(N) modernization, renovation, and repairs of a building 
     to meet one or more of the criteria for being a high-
     performance green building set forth in section 401(13) of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17061(13)).''.
                                 ______
                                 
  SA 3515. Mr. NELSON of Nebraska (for himself and Ms. Snowe) 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 24, between lines 18 and 19, insert the following:
       (c) Qualifications Based Selection.--Section 40117, as 
     amended by subsection (a), is amended by adding at the end 
     the following:
       ``(o) Qualifications Based Selection.--
       ``(1) In general.--Any contract or subcontract, described 
     in paragraph (2) that is funded in whole or in part from the 
     proceeds from passenger facility charges imposed under this 
     section, shall be awarded in the same manner as a contract 
     for architectural and engineering services is awarded under 
     chapter 11 of title 40, United States Code, or an equivalent 
     qualifications-based requirement prescribed for or by the 
     eligible agency.
       ``(2) Contract or subcontract described.--A contract or 
     subcontract described in this subsection is a contract or 
     subcontract for program management, construction management, 
     planning studies, feasibility studies, architectural 
     services, preliminary engineering, design, engineering, 
     surveying, mapping, and related services.''.
                                 ______
                                 
  SA 3516. Mr. INOUYE 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 302, between lines 3 and 4, insert the following:

     SEC. --. MODIFICATION OF THE APPLICATION OF THE TONNAGE TAX 
                   ON VESSELS OPERATING IN THE DUAL UNITED STATES 
                   DOMESTIC AND FOREIGN TRADES.

       (a) In General.--Subsection (f) of section 1355 of the 
     Internal Revenue Code of 1986 (relating to definitions and 
     special rules) is amended to read as follows:
       ``(f) Effect of Operating a Qualifying Vessel in the Dual 
     United States Domestic and Foreign Trades.--For purposes of 
     this subchapter--
       ``(1) an electing corporation shall be treated as 
     continuing to use a qualifying vessel in the United States 
     foreign trade during any period of use in the United States 
     domestic trade, and
       ``(2) gross income from such United States domestic trade 
     shall not be excluded under section 1357(a), but shall not be 
     taken into account for purposes of section 1353(b)(1)(B) or 
     for purposes of section 1356 in connection with the 
     application of section 1357 or 1358.''.
       (b) Regulatory Authority for Allocation of Credits, Income, 
     and Deductions.--Section 1358 of the Internal Revenue Code of 
     1986 (relating to allocation of credits, income, and 
     deductions) is amended--
       (1) by striking ``in accordance with this subsection'' in 
     subsection (c) and inserting ``to the extent provided in such 
     regulations as may be prescribed by the Secretary'', and
       (2) by adding at the end the following new subsection:
       ``(d) Regulations.--The Secretary shall prescribe 
     regulations consistent with the provisions of this subchapter 
     for the purpose of allocating gross income, deductions, and 
     credits between or among qualifying shipping activities and 
     other activities of a taxpayer.''.
       (c) Conforming Amendments.--
       (1) Section 1355(a)(4) of the Internal Revenue Code of 1986 
     is amended by striking ``exclusively''.
       (2) Section 1355(b)(1)(B) of such Code is amended by 
     striking ``as a qualifying vessel'' and inserting ``in the 
     transportation of goods or passengers''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3517. Mr. PRYOR 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 128, strike lines 11 through 15 and insert the 
     following:
       (1) by striking ``benefit.'' and inserting ``benefit, with 
     the maximum allowable local cost share capped at 20 
     percent.''.
                                 ______
                                 
  SA 3518. Ms. CANTWELL 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:


[[Page S1531]]


       At the end of title VII, add the following:

     SEC. 723. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 
                   COMMERCIAL FLIGHTS.

       (a) Plan Development.--Not later than 270 days after the 
     date of the enactment of this Act, the Secretary of 
     Transportation and the Secretary of Commerce, in consultation 
     with interested representatives of the aviation industry and 
     other relevant agencies, shall develop a plan and process to 
     allow Federal agencies to fly scientific instruments on 
     commercial flights with willing commercial aviation industry 
     partners, for the purpose of taking measurements to improve 
     weather forecasting.
       (b) Report to Congress.--The Secretary of Transportation 
     and the Secretary of Commerce shall provide a copy of the 
     plan to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Science and Technology of the House of Representatives.
                                 ______
                                 
  SA 3519. 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:

       On page 266, line 2, strike the end quote and final period 
     at the end and insert the following:
       ``(j) Trainee Positions.--Subject to subsection (b), grant 
     amounts received under this subchapter by airports located in 
     Alaska may be used for trainee positions in the same manner 
     as such positions are authorized for Federal-aid highway 
     projects under section 230.111 of title 23, Code of Federal 
     Regulations (or successor regulations).''.
                                 ______
                                 
  SA 3520. 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:

       On page 458, after line 23, add the following:
       (d) Flight Service Stations.--
       (1) Establishment of monitoring system.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     develop and implement a monitoring system for flight service 
     specialist staffing and training under service contracts for 
     flight service stations.
       (2) Components.--At a minimum, the monitoring system 
     developed under paragraph (1) shall include mechanisms to 
     monitor--
       (A) flight specialist staffing plans for individual 
     facilities;
       (B) actual staffing levels for individual facilities;
       (C) the initial and recurrent certification and training of 
     flight service specialists on the safety, operational, and 
     technological aspects of flight services, including any 
     certification and training necessary to meet user demand; and
       (D) system outages, excessive hold times, dropped calls, 
     poor quality briefings, and any other safety or customer 
     service issues under a contract for flight service station 
     services.
       (3) Report to congress.--Not later than 90 days 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 includes--
       (A) a description of monitoring system;
       (B) if the Administrator determines that contractual 
     changes or corrective actions are required for the Federal 
     Aviation Administration to ensure that the vendor under a 
     contract for flight service station services provides safe 
     and high quality service to consumers, a description of the 
     changes or actions required; and
       (C) a description of the contingency plans of the 
     Administrator and the protections that the Administrator will 
     have in place to provide uninterrupted flight service station 
     services in the event of--
       (i) material non-performance of the contract;
       (ii) a vendor's default, bankruptcy, or acquisition by 
     another entity; or
       (iii) any other event that could jeopardize the 
     uninterrupted provision of flight service station services.
       (4) Alaska flight service stations.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Administrator, in conjunction with flight service station 
     personnel, shall develop, implement, and submit to Congress a 
     plan for the future of flight service stations in Alaska that 
     includes--
       (A) the establishment of a formal training and hiring 
     program for flight service specialists; and
       (B) a schedule for necessary inspection, upgrades, and 
     modernization of stations and equipment.
                                 ______
                                 
  SA 3521. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2847, making appropriations for the Department of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. ___. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

       (a) Bills and Joint Resolutions.--
       (1) Point of order.--It shall not be in order to--
       (A) consider a bill or joint resolution reported by any 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit; or
       (B) a Senate bill or joint resolution not reported by 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the bill or joint resolution 
     shall be returned to the calendar until compliance with this 
     subsection has been achieved.
       (b) Conference Report.--
       (1) Point of order.--It shall not be in order to vote on 
     the adoption of a report of a committee of conference if the 
     report includes an earmark, limited tax benefit, or limited 
     tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the conference report shall 
     be returned to the calendar.
       (c) Floor Amendment.--It shall not be in order to consider 
     an amendment to a bill or joint resolution if the amendment 
     contains an earmark, limited tax benefit, or limited tariff 
     benefit.
       (d) Amendment Between the Houses.--
       (1) In general.--It shall not be in order to consider an 
     amendment between the Houses if that amendment includes an 
     earmark, limited tax benefit, or limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the amendment between the 
     Houses shall be returned to the calendar until compliance 
     with this subsection has been achieved.
       (e) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (f) Definitions.--For the purpose of this section--
       (1) the term ``earmark'' means a provision or report 
     language included primarily at the request of a Senator or 
     Member of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (2) the term ``limited tax benefit'' means any revenue 
     provision that--
       (A) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; and
       (3) the term ``limited tariff benefit'' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       (g) Fiscal Years 2010 and 2011.--The point of order under 
     this section shall only apply to legislation providing or 
     authorizing discretionary budget authority, credit authority 
     or other spending authority, providing a federal tax 
     deduction, credit, or exclusion, or modifying the Harmonized 
     Tariff Schedule in fiscal years 2010 and 2011.
       (h) Application.--This rule shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality or congressional district.
                                 ______
                                 
  SA 3522. Ms. CANTWELL 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 302, between lines 3 and 4, insert the following:

     SEC. --. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL 
                   RULES.

       (a) In General.--Section 955 of the Internal Revenue Code 
     of 1986 is hereby repealed.
       (b) Conforming Amendments.--
       (1) Section 951(a)(1)(A) of the Internal Revenue Code of 
     1986 is amended by adding ``and'' at the end of clause (i) 
     and by striking clause (iii).
       (2) Section 951(a)(1)(A)(ii) of such Code is amended by 
     striking ``, and'' at the end and inserting ``, except that 
     in applying this clause amounts invested in less developed 
     country corporations described in section 955(c)(2) (as so in 
     effect) shall not be treated as investments in less developed 
     countries.''.
       (3) Section 951(a)(3) of such Code is hereby repealed.
       (4) Section 964(b) of such Code is amended by striking ``, 
     955,''.
       (5) The table of sections for subpart F of part III of 
     subchapter N of chapter 1 of such Code is amended by striking 
     the item relating to section 955.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable

[[Page S1532]]

     years of controlled foreign corporations ending on or after 
     the date of the enactment of this Act, and to taxable years 
     of United States shareholders in which or with which such 
     taxable years of controlled foreign corporations end.

     SEC. --. TAX IMPOSED ON ELECTING UNITED STATES SHAREHOLDERS.

       (a) In General.--In the case of a United States shareholder 
     for which an election is in effect under this section, a tax 
     is hereby imposed on such shareholder's pro rata share 
     (determined under the principles of paragraph (2) of 
     subsection (a) of section 951 of the Internal Revenue Code of 
     1986) of the sum of--
       (1) the foreign base company shipping income (determined 
     under section 954(f) of the Internal Revenue Code of 1986 as 
     in effect before the enactment of the American Jobs Creation 
     Act of 2004) for all prior taxable years beginning after 1975 
     and before 1987, and
       (2) income described in section 954(b)(2) of the Internal 
     Revenue Code as in effect prior to the effective date of the 
     Tax Reform Act of 1975, without regard to whether such income 
     was not included in subpart F income under section 954(b)(2) 
     or any other provision of such Code,

     but only to the extent such income has not previously been 
     included in the gross income of a United States person as a 
     dividend or under any section of the Internal Revenue Code 
     after 1962, or excluded from gross income pursuant to 
     subsection (a) of section 959 of the Internal Revenue Code of 
     1986.
       (b) Amount of Tax.--The amount of tax imposed by subsection 
     (a) shall be 5.25 percent of the income described therein.
       (c) Income Not Subject To Further Tax.--The income on which 
     a tax is imposed by subsection (a) shall not (other than such 
     tax) be included in the gross income of such United States 
     shareholder (or any other United States person who acquires 
     from any person any portion of the interest of such United 
     States shareholder in such foreign corporation) and shall be 
     treated for purposes of the Internal Revenue Code of 1986 as 
     if such amounts are, or have been, included in the income of 
     the United States shareholder under section 951(a)(1)(B) of 
     such Code.
       (d) Additional Tax Imposed for Failure To Maintain 
     Employment Levels.--
       (1) In general.--If, during the period consisting of the 
     calendar month in which the election under this section is 
     made and the succeeding 23 calendar months, the taxpayer does 
     not maintain an average employment level at least equal to 
     the taxpayer's prior average employment, an additional amount 
     shall be taken into account as income by the taxpayer during 
     the taxable year that includes the final day of such period, 
     equal to $25,000 multiplied by the number of employees by 
     which the taxpayer's average employment level during such 
     period falls below the prior average employment.
       (2) Prior average employment.--For purposes of this 
     subsection, the taxpayer's prior average employment is the 
     average number of full time equivalent employees of the 
     taxpayer during the period consisting of the 24 calendar 
     months immediately preceding the calendar month in which the 
     election under this section is made.
       (3) Aggregation rules.--In determining the taxpayer's 
     average employment level and prior average employment, all 
     domestic members of a controlled group (as defined in section 
     264(e)(5)(B) of the Internal Revenue Code of 1986) shall be 
     treated as a single taxpayer.
       (e) Election.--
       (1) In general.--A taxpayer may elect to apply this section 
     to--
       (A) the taxpayer's last taxable year which begins before 
     the date of the enactment of this Act, or
       (B) the taxpayer's first taxable year beginning on or after 
     such date.
       (2) Timing of election and one-time election.--Such 
     election may be made only once by any taxpayer, and only if 
     made on or before the due date (including extensions) for 
     filing the return of tax for the taxable year of such 
     election.
       (f) Effective Date.--This section shall apply to taxable 
     years ending on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3523. Ms. CANTWELL 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. ___. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER 
                   BANKRUPTCY.

       (a) General Rules.--
       (1) Rollover of airline payment amount.--If a qualified 
     airline employee receives any airline payment amount and 
     transfers any portion of such amount to a traditional IRA 
     within 180 days of receipt of such amount (or, if later, 
     within 180 days of the date of the enactment of this Act), 
     then such amount (to the extent so transferred) shall be 
     treated as a rollover contribution described in section 
     402(c) of the Internal Revenue Code of 1986. A qualified 
     airline employee making such a transfer may exclude from 
     gross income the amount transferred, in the taxable year in 
     which the airline payment amount was paid to the qualified 
     airline employee by the commercial passenger airline carrier.
       (2) Transfer of amounts attributable to airline payment 
     amount following rollover to roth ira.--A qualified airline 
     employee who made a rollover of an airline payment amount to 
     a Roth IRA pursuant to section 125 of the Worker, Retiree, 
     and Employer Recovery Act of 2008, may transfer to a 
     traditional IRA all or any part of the Roth IRA attributable 
     to such rollover, and the transfer to the traditional IRA 
     will be deemed to have been made at the time of the rollover 
     to the Roth IRA, if such transfer is made within 180 days of 
     the date of the enactment of this Act. A qualified airline 
     employee making such a transfer may exclude from gross income 
     the airline payment amount previously rolled over to the Roth 
     IRA, to the extent an amount attributable to the previous 
     rollover was transferred to a traditional IRA, in the taxable 
     year in which the airline payment amount was paid to the 
     qualified airline employee by the commercial passenger 
     airline carrier.
       (3) Extension of time to file claim for refund.--A 
     qualified airline employee who excludes an amount from gross 
     income in a prior taxable year under paragraph (1) or (2) may 
     reflect such exclusion in a claim for refund filed within the 
     period of limitation under section 6511(a) (or, if later, 
     April 15, 2011).
       (b) Treatment of Airline Payment Amounts and Transfers for 
     Employment Taxes.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, an airline payment amount shall not fail to be treated 
     as a payment of wages by the commercial passenger airline 
     carrier to the qualified airline employee in the taxable year 
     of payment because such amount is excluded from the qualified 
     airline employee's gross income under subsection (a).
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Airline payment amount.--
       (A) In general.--The term ``airline payment amount'' means 
     any payment of any money or other property which is payable 
     by a commercial passenger airline carrier to a qualified 
     airline employee--
       (i) under the approval of an order of a Federal bankruptcy 
     court in a case filed after September 11, 2001, and before 
     January 1, 2007, and
       (ii) in respect of the qualified airline employee's 
     interest in a bankruptcy claim against the carrier, any note 
     of the carrier (or amount paid in lieu of a note being 
     issued), or any other fixed obligation of the carrier to pay 
     a lump sum amount.

     The amount of such payment shall be determined without regard 
     to any requirement to deduct and withhold tax from such 
     payment under sections 3102(a) and 3402(a).
       (B) Exception.--An airline payment amount shall not include 
     any amount payable on the basis of the carrier's future 
     earnings or profits.
       (2) Qualified airline employee.--The term ``qualified 
     airline employee'' means an employee or former employee of a 
     commercial passenger airline carrier who was a participant in 
     a defined benefit plan maintained by the carrier which--
       (A) is a plan described in section 401(a) of the Internal 
     Revenue Code of 1986 which includes a trust exempt from tax 
     under section 501(a) of such Code, and
       (B) was terminated or became subject to the restrictions 
     contained in paragraphs (2) and (3) of section 402(b) of the 
     Pension Protection Act of 2006.
       (3) Traditional ira.--The term ``traditional IRA'' means an 
     individual retirement plan (as defined in section 7701(a)(37) 
     of the Internal Revenue Code of 1986) which is not a Roth 
     IRA.
       (4) Roth ira.--The term ``Roth IRA'' has the meaning given 
     such term by section 408A(b) of such Code.
       (d) Surviving Spouse.--If a qualified airline employee died 
     after receiving an airline payment amount, or if an airline 
     payment amount was paid to the surviving spouse of a 
     qualified airline employee in respect of the qualified 
     airline employee, the surviving spouse of the qualified 
     airline employee may take all actions permitted under section 
     125 of the Worker, Retiree and Employer Recovery Act of 2008, 
     or under this section, to the same extent that the qualified 
     airline employee could have done had the qualified airline 
     employee survived.
       (e) Effective Date.--This section shall apply to transfers 
     made after the date of the enactment of this Act with respect 
     to airline payment amounts paid before, on, or after such 
     date.

                          ____________________