[Congressional Record Volume 156, Number 38 (Tuesday, March 16, 2010)]
[Senate]
[Pages S1625-S1630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3524. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 3512 submitted by Ms. Cantwell and intended to be 
proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 7__. PROMOTION OF JOB CREATION AND TOURISM IN GATEWAY 
                   COMMUNITIES AND NATIONAL PARKS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Gateway community.--The term ``gateway community'' 
     means a community near or within a unit of the national park 
     system that facilitates visitation, tourism, promotion, and 
     conservation of the park.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (b) Study of Promotion of Job Creation and Tourism in 
     Gateway Communities .--
       (1) In general.--The Secretary shall conduct a study of job 
     creation and tourism promoted by the National Park Service in 
     gateway communities, including job creation and tourism 
     through--
       (A) hunting and shooting sports;
       (B) motorized recreation;
       (C) search and rescue operations;
       (D) security;
       (E) highways; and
       (F) aviation.
       (2) Technical assistance.--If the Secretary identifies 
     aviation or aircraft as 1 of the sources of job creation and 
     tourism promotion in the study, the Administrator shall 
     provide technical assistance to the Secretary to carry out 
     the study with respect to aviation or aircraft, respectively.
       (c) Study of National Park Service Methods of Promoting Job 
     Creation and Tourism in Gateway Communities.--The Secretary, 
     in coordination with the Administrator, shall conduct a study 
     of National Park Service methods of promoting job creation 
     and tourism in gateway communities, including job creation 
     and tourism through--
       (1) hunting and shooting sports;
       (2) motorized recreation;
       (3) search and rescue operations;
       (4) security;
       (5) highways; and
       (6) aviation.
       (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.

[[Page S1626]]

                                 ______
                                 
  SA 3525. 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:

       Beginning on page 71, strike line 8 and all that follows 
     through line 8 on page 74, and insert the following:
       (a) Operation Evaluation Partnership Airport Procedures.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall publish a report, after 
     consultation with representatives of appropriate 
     Administration employee groups, airport operators, air 
     carriers, aircraft manufacturers, and third parties that have 
     received letters of qualification from the Federal Aviation 
     Administration to design and validate required navigation 
     performance flight paths for public use (in this section 
     referred to as ``qualified third parties''), that includes 
     the following:
       (A) RNP/RNAV operations.--With respect to area navigation 
     and required navigation performance operations, the 
     following:
       (i) Which of the 35 Operational Evolution Partnership 
     airports identified by the Federal Aviation Administration 
     would benefit from implementation of area navigation 
     procedures alone and which would benefit from implementation 
     of both area navigation and required navigation performance 
     procedures.
       (ii) The required navigation performance and area 
     navigation operations, including procedures to be developed, 
     certified, and published, necessary to maximize the 
     efficiency and capacity of NextGen commercial operations at 
     each of those airports.
       (iii) The air traffic control operational changes, which 
     connect the terminal environment and en route airspace, 
     necessary to maximize the efficiency and capacity of NextGen 
     commercial operations at each of those airports.
       (iv) The number of potential required navigation 
     performance procedures at each of those airports.
       (v) Of the number of required navigation performance 
     procedures identified under clause (iv) for an airport--

       (I) the number of such procedures that would be an overlay 
     of an existing instrument flight procedure and supporting 
     analysis;
       (II) the number of such procedures that would enable 
     greater use of continuous descent arrivals; and
       (III) an assessment of the priority for implementation of 
     each such procedure.

       (vi) The timeline for the Federal Aviation Administration 
     to certify required navigation performance as a precision 
     approach.
       (B) Coordination and implementation activities.--With 
     respect to the coordination and implementation of required 
     navigation performance procedures, the following:
       (i) A description of the activities and operational changes 
     and approvals required from the Federal Aviation 
     Administration to coordinate and utilize required navigation 
     performance procedures at the 35 Operational Evolution 
     Partnership airports identified by the Federal Aviation 
     Administration.
       (ii) A description of the software and database 
     information, such as a current version of the Noise 
     Integrated Routing System or the Integrated Noise Model, that 
     the Administration will need to make available to qualified 
     third parties to enable those third parties to design 
     procedures that will meet the broad range of requirements of 
     the Administration.
       (C) Implementation plan.--A plan for implementing the 
     required navigation performance procedures identified under 
     subparagraph (A) that establishes--
       (i) a clearly defined budget, schedule, project 
     organization, and leadership requirements;
       (ii) specific steps for implementation and transition;
       (iii) coordination and communications mechanisms with 
     qualified third parties;
       (iv) specific procedures for engaging the appropriate 
     Administration employee groups to ensure that human factors, 
     training, and other issues surrounding the adoption of 
     required navigation performance procedures in the en route 
     and terminal environments are addressed;
       (v) a plan for lifecycle management of required navigation 
     performance procedures--

       (I) developed by the Administration; and
       (II) developed by qualified third parties;

       (vi) an expedited validation process that allows an air 
     carrier using a required navigation performance procedure 
     validated by the Administration at an airport for a specific 
     model of aircraft to transfer all of the information 
     associated with the use of that procedure to another air 
     carrier for use at the same airport for the same model of 
     aircraft; and
       (vii) baseline and performance metrics for measuring the 
     Administration's progress in implementing the plan, including 
     the percentage utilization of required navigation performance 
     in the National Airspace System.
       (D) Internal resource analysis.--An assessment of the 
     internal capabilities of the Federal Aviation Administration 
     with respect to designing and validating required navigation 
     performance procedures, including--
       (i) the number of staff working either full or part time on 
     designing required navigation performance procedures;
       (ii) the number of available staff that can be trained to 
     design required navigation performance procedures, the 
     training required, and the length of that training; and
       (iii) the number of staff designing and validating required 
     navigation performance procedures that are full-time 
     employees and the number employed through term appointments.
       (E) Cost/benefit analysis for third-party usage.--An 
     assessment of the costs and benefits of using third parties 
     to assist in the development of required navigation 
     performance procedures.
       (F) Additional procedures.--A process for the 
     identification, certification, and publication of additional 
     or modified required navigation performance and area 
     navigation procedures that may be required at the 35 
     Operational Evolution Partnership airports identified by the 
     Federal Aviation Administration in the future.
       (2) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 30 percent of the required navigation performance 
     procedures identified under paragraph (1)(A) within 18 months 
     after the date of the enactment of this Act;
       (B) 60 percent of such procedures within 36 months after 
     the date of the enactment of this Act; and
       (C) 100 percent of such procedures before January 1, 2014.
       (b) Expansion of Plan to Other Airports.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall publish a report, after 
     consultation with representatives of appropriate 
     Administration employee groups, airport operators, air 
     carriers, and qualified third parties, that includes a plan 
     for applying the procedures, requirements, criteria, and 
     metrics described in subsection (a)(1) to other airports 
     across the United States.
       (2) Surveying obstacles surrounding regional airports.--Not 
     later than 1 year after the date of the enactment of this 
     Act, the Administrator, in consultation with the Secretary of 
     State and the Secretary of Transportation, shall identify 
     options and possible funding mechanisms for surveying 
     obstacles in the areas around regional airports that can be 
     used as an input to future required navigation performance 
     procedures.
       (3) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 25 percent of the required navigation performance 
     procedures included in the plan required by paragraph (1) at 
     such other airports before January 1, 2015;
       (B) 50 percent of such procedures at such other airports 
     before January 1, 2016;
       (C) 75 percent of such procedures at such other airports 
     before January 1, 2017; and
       (D) 100 percent of such procedures before January 1, 2018.
                                 ______
                                 
  SA 3526. Mr. BROWN of Ohio 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 86, strike lines 4 through 8, and insert the 
     following:
       (b) Test Site Criteria.--In determining where the test 
     sites to be established under the pilot project required by 
     subsection (a)(1) are to be located, the Administrator 
     shall--
       (1) take into consideration geographical and climate 
     diversity; and
       (2) select one such site, subject to approval by the 
     Secretary of the Air Force, that is located in proximity to 
     principal Air Force research and acquisition functions to 
     take advantage of Air Force instrumented radars and related 
     research equipment and current defense science, research, and 
     development activities in unmanned aerial systems.
                                 ______
                                 
  SA 3527. Mr. McCAIN proposed an amendment 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:

       On page 84, between lines 21 and 22, insert the following:

     SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall submit to Congress a report that 
     contains--
       (1) a financing proposal that--
       (A) uses innovative methods to fully fund the development 
     and implementation of technology for the Next Generation Air 
     Transportation System in a manner that does not increase the 
     Federal deficit; and
       (B) takes into consideration opportunities for involvement 
     by public-private partnerships; and
       (2) recommendations with respect to how the Administrator 
     and Congress can provide operational benefits, such as 
     benefits relating to preferred airspace, routings, or runway 
     access, for air carriers that equip their aircraft with 
     technology necessary for the operation of the Next Generation 
     Air Transportation System before the date by which the 
     Administrator requires the use of such technology.

[[Page S1627]]

                                 ______
                                 
  SA 3528. Mr. McCAIN (for himself, Mr. Reid, Mr. Kyl, and Mr. Ensign) 
proposed an amendment 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. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK.

       (a) Determinations With Respect to Substantial Restoration 
     of Natural Quiet and Experience.--
       (1) In general.--Notwithstanding any other provision of 
     law, for purposes of section 3(b)(1) of Public Law 100-91 (16 
     U.S.C. 1a-1 note), the substantial restoration of the natural 
     quiet and experience of the Grand Canyon National Park (in 
     this subsection referred to as the ``Park'') shall be 
     considered to be achieved in the Park if, for at least 75 
     percent of each day, 50 percent of the Park is free of sound 
     produced by commercial air tour operations that have an 
     allocation to conduct commercial air tours in the Park as of 
     the date of the enactment of this Act.
       (2) Considerations.--
       (A) In general.--For purposes of determining whether 
     substantial restoration of the natural quiet and experience 
     of the Park has been achieved in accordance with paragraph 
     (1), the Secretary of the Interior (in this section referred 
     to as the ``Secretary'') shall use--
       (i) the 2-zone system for the Park in effect on the date of 
     the enactment of this Act to assess impacts relating to 
     subsectional restoration of natural quiet at the Park, 
     including--

       (I) the thresholds for noticeability and audibility; and
       (II) the distribution of land between the 2 zones; and

       (ii) noise modeling science that is--

       (I) developed for use at the Park, specifically Integrated 
     Noise Model Version 6.2;
       (II) validated by reasonable standards for conducting field 
     observations of model results; and
       (III) accepted and validated by the Federal Interagency 
     Committee on Aviation Noise.

       (B) Sound from other sources.--The Secretary shall not 
     consider sound produced by sources other than commercial air 
     tour operations, including sound emitted by other types of 
     aircraft operations or other noise sources, for purposes of--
       (i) making recommendations, developing a final plan, or 
     issuing regulations relating to commercial air tour 
     operations in the Park; or
       (ii) determining under paragraph (1) whether substantial 
     restoration of the natural quiet and experience of the Park 
     has been achieved.
       (3) Continued monitoring.--The Secretary shall continue 
     monitoring noise from aircraft operating over the Park below 
     17,999 feet MSL to ensure continued compliance with the 
     substantial restoration of natural quiet and experience in 
     the Park.
       (4) Day defined.--For purposes of this subsection, the term 
     ``day'' means the hours between 7:00 a.m. and 7:00 p.m.
       (b) Regulation of Commercial Air Tour Operations.--
     Commercial air tour operations over the Grand Canyon National 
     Park Special Flight Rules Area shall continue to be conducted 
     in accordance with subpart U of part 93 of title 14, Code of 
     Federal Regulations (as in effect on the day before the date 
     of the enactment of this Act), except as follows:
       (1) Curfews for commercial flights.--The hours for the 
     curfew under section 93.317 of title 14, Code of Federal 
     Regulations, shall be revised as follows:
       (A) Entry into effect of curfew.--The curfew shall go into 
     effect--
       (i) at 6:00 p.m. on April 16 through August 31;
       (ii) at 5:30 p.m. on September 1 through September 15;
       (iii) at 5:00 p.m. on September 16 through September 30;
       (iv) at 4:30 p.m. on October 1 through October 31; and
       (v) at 4:00 p.m. on November 1 through April 15.
       (B) Termination of curfew.--The curfew shall terminate--
       (i) at 8:00 a.m. on March 16 through October 15; and
       (ii) at 9:00 a.m. on October 16 through March 15.
       (2) Modifications of air tour routes.--
       (A) Dragon corridor.--Commercial air tour routes for the 
     Dragon Corridor (Black 1A and Green 2 routes) shall be 
     modified to include a western ``dogleg'' for the lower \1/3\ 
     of the Corridor to reduce air tour noise for west rim 
     visitors in the vicinity of Hermits Rest and Dripping 
     Springs.
       (B) Zuni point corridor.--Commercial air tour routes for 
     the Zuni Point Corridor (Black 1 and Green 1 routes) shall be 
     modified--
       (i) to eliminate crossing over Nankoweap Basin; and
       (ii) to limit the commercial air tour routes commonly known 
     as ``Snoopy's Nose'' to extend not farther east than the 
     Grand Canyon National Park boundary.
       (C) Permanence of black 2 and green 4 air tour routes.--The 
     locations of the Black 2 and Green 4 commercial air tour 
     routes shall not be modified unless the Administrator of the 
     Federal Aviation Administration determines that such a 
     modification is necessary for safety reasons.
       (3) Special rules for marble canyon sector.--
       (A) Flight allocation.--The flight allocation cap for 
     commercial air tour operations in Marble Canyon (Black 4 
     route) shall be modified to not more than 5 flights a day to 
     preserve permanently the high level of natural quiet that has 
     been achieved in Marble Canyon.
       (B) Curfew.--Commercial air tour operations in Marble 
     Canyon (Black 4 route) shall be subject to a year-round 
     curfew that enters into effect one hour before sunset and 
     terminates one hour after sunrise.
       (C) Elimination of commercial air tour route.--The Black 5 
     commercial air tour route for Marble Canyon shall be 
     eliminated.
       (4) Conversion to quiet aircraft technology.--
       (A) In general.--All commercial air tour aircraft operating 
     in the Grand Canyon National Park Special Flight Rules Area 
     shall be required to fully convert to quiet aircraft 
     technology (as determined in accordance with appendix A to 
     subpart U of part 93 of title 14, Code of Federal Regulations 
     (as in effect on the day before the date of the enactment of 
     this Act)) by not later than the date that is 15 years after 
     the date of the enactment of this Act.
       (B) Incentives for conversion.--The Secretary and the 
     Administrator of the Federal Aviation Administration shall 
     provide incentives for commercial air tour operators that 
     convert to quiet aircraft technology before the date 
     specified in subparagraph (A), such as--
       (i) reducing overflight fees for those operators; and
       (ii) increasing the flight allocations for those operators.
       (5) Hualapai economic development exemption.--The exception 
     for commercial air tour operators operating under contracts 
     with the Hualapai Indian Nation under section 93.319(f) of 
     title 14, Code of Federal Regulations (as in effect on the 
     day before the date of the enactment of this Act) may not be 
     terminated, unless the Administrator of the Federal Aviation 
     Administration determines that terminating the exception is 
     necessary for safety reasons.
       (c) Flight Allocation Cap.--
       (1) Prohibition on reduction of flight allocation cap.--
     Notwithstanding any other provision of law, the allocation 
     cap for commercial air tours operating in the Grand Canyon 
     National Park Special Flight Rules Area in effect on the day 
     before the date of the enactment of this Act may not be 
     reduced.
       (2) Rulemaking to increase flight allocation cap.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall issue a notice of proposed rulemaking that--
       (A) reassesses the allocations for commercial air tours 
     operating in the Grand Canyon National Park Special Flight 
     Rules Area in light of gains with respect to the restoration 
     of natural quiet and experience in the Park;
       (B) makes equitable adjustments to those allocations, 
     subject to continued monitoring under subsection (a)(3); and
       (C) facilitates the use of new quieter aircraft technology 
     by allowing commercial air tour operators using such 
     technology to petition the Federal Aviation Administration to 
     adjust allocations in accordance with improvements with 
     respect to the restoration of natural quiet and experience in 
     the Park resulting from such technology.
       (3) Interim flight allocations.--
       (A) In general.--Until the Administrator issues a final 
     rule pursuant to paragraph (2), for purposes of the 
     allocation cap for commercial air tours operating in the 
     Grand Canyon National Park Special Flight Rules Area--
       (i) from November 1 through March 15, a flight operated by 
     a commercial air tour operator described in subparagraph (B) 
     shall count as \1/2\ of 1 allocation; and
       (ii) from March 16 through October 31, a flight operated by 
     a commercial air tour operator described in subparagraph (B) 
     shall count as \3/4\ of 1 allocation.
       (B) Commercial air tour operator described.--A commercial 
     air tour operator described in this subparagraph is a 
     commercial air tour operator that--
       (i) operated in the Grand Canyon National Park Special 
     Flight Rules Area before the date of the enactment of this 
     Act; and
       (ii) operates aircraft that use quiet aircraft technology 
     (as determined in accordance with appendix A to subpart U of 
     part 93 of title 14, Code of Federal Regulations (as in 
     effect on the day before the date of the enactment of this 
     Act)).
       (d) Commercial Air Tour User Fees.--Notwithstanding section 
     4(n)(2)(A) of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-6a(n)(1)(2)(A)), the Secretary--
       (1) may establish a commercial tour use fee in excess of 
     $25 for each commercial air tour aircraft with a passenger 
     capacity of 25 or less for air tours operating in the Grand 
     Canyon National Park Special Flight Rules Area in order to 
     offset the costs of carrying out this section; and
       (2) if the Secretary establishes a commercial tour use fee 
     under paragraph (1), shall develop a method for providing a 
     significant discount in the amount of that fee for air tours 
     that operate aircraft that use quiet aircraft technology (as 
     determined in accordance with appendix A to subpart U of

[[Page S1628]]

     part 93 of title 14, Code of Federal Regulations (as in 
     effect on the day before the date of the enactment of this 
     Act)).
                                 ______
                                 
  SA 3529. Mr. VITTER 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. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

       (a) Findings.--Congress finds that--
       (1) Pollock Municipal Airport located in Pollock, Louisiana 
     (in this section referred to as the ``airport''), has never 
     been included in the national plan of integrated airport 
     systems established pursuant to section 47103 of title 49, 
     United States Code, and is therefore not considered necessary 
     to meet the current or future needs of the national aviation 
     system; and
       (2) closing the airport will not adversely affect aviation 
     safety, aviation capacity, or air commerce.
       (b) Request for Closure.--
       (1) Approval.--Notwithstanding any other provision of law, 
     requirement, or agreement and subject to the requirements of 
     this section, the Administrator of the Federal Aviation 
     Administration shall--
       (A) approve a request from the town of Pollock, Louisiana, 
     to close the airport as a public airport; and
       (B) release the town from any term, condition, reservation, 
     or restriction contained in a surplus property conveyance or 
     transfer document, and from any order or finding by the 
     Department of Transportation on the use and repayment of 
     airport revenue applicable to the airport, that would 
     otherwise prevent the closure of the airport and 
     redevelopment of the facilities to nonaeronautical uses.
       (2) Continued airport operation prior to approval.--The 
     town of Pollock shall continue to operate and maintain the 
     airport until the Administrator grants a request from the 
     town for closure of the airport under paragraph (1).
       (3) Relocation of aircraft.--Before closure of the airport, 
     the town of Pollock shall provide adequate time for any 
     airport-based aircraft to be relocated.
       (c) Repayment of Certain Federal Funds.--Upon closing the 
     airport pursuant to subsection (b), the town of Pollock shall 
     return to the Federal Aviation Administration any amounts 
     remaining from amounts provided by the Administration for 
     airport operating expenses.
                                 ______
                                 
  SA 3530. 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:

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

     SEC. 723. PROHIBITION ON FUNDING OF EAS AIRPORTS WHERE 
                   OPERATING AIR CARRIERS RECEIVE SUBSIDIES AT 
                   RATES EXCEEDING $200 PER PASSENGER.

       The Administrator of the Federal Aviation Administration 
     may not make any amount available under subchapter I of 
     chapter 471 of title 49, United States Code, for a project 
     relating to an airport--
       (1) that is an eligible place, as such term is defined in 
     section 41731 of such title; and
       (2) in which an air carrier operates and receives 
     compensation under subchapter II of chapter 417 of such title 
     at a rate that exceeds $200 per passenger.
                                 ______
                                 
  SA 3531. 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:

       On page 114, strike line 8 and all that follows through 
     page 116, line 6 and insert the following:

     SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.

       (a) In General.--Section 41745 is amended to read as 
     follows:

     ``Sec. 41745. Conversion of lost eligibility airports

       ``(a) In General.--The Secretary shall establish a program 
     to provide general aviation conversion funding for airports 
     serving eligible places that the Secretary has determined no 
     longer qualify for a subsidy.
       ``(b) Grants.--A grant under this section--
       ``(1) may not exceed twice the compensation paid to provide 
     essential air service to the airport in the fiscal year 
     preceeding the fiscal year in which the Secretary determines 
     that the place served by the airport is no longer an eligible 
     place; and
       ``(2) may be used--
       ``(A) for airport development (as defined in section 
     47102(3)) that will enhance general aviation capacity at the 
     airport;
       ``(B) to defray operating expenses, if such use is approved 
     by the Secretary; or
       ``(C) to develop innovative air service options, such as 
     on-demand or air taxi operations, if such use is approved by 
     the Secretary.
       ``(c) AIP Requirements.--An airport sponsor that uses funds 
     provided under this section for an airport development 
     project shall comply with the requirements of subchapter I of 
     chapter 471 applicable to airport development projects funded 
     under that subchapter with respect to the project funded 
     under this section.
       ``(d) Limitation.--The sponsor of an airport receiving 
     funding under this section is not eligible for funding under 
     section 41736.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     417 is amended by striking the item relating to section 41745 
     and inserting the following:

``41745. Conversion of lost eligibility airports.''.
                                 ______
                                 
  SA 3532. 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:

       On page 250, strike line 12 and all that follows through 
     page 251, line 18, and insert the following:
       (e) Collection of Fees From Air Tour Operations.--
       (1) In general.--The Secretary of the Interior shall assess 
     a fee in an amount determined by the Secretary under 
     paragraph (2) on a commercial air tour operator conducting 
     commercial air tour operations over a national park.
       (2) Amount of fee.--In determining the amount of the fee 
     assessed under paragraph (1), the Secretary shall collect 
     sufficient revenue, in the aggregate, to pay for the expenses 
     incurred by the Federal Government to develop air tour 
     management plans for national parks.
       (3) Effect of failure to pay fee.--The Administrator of the 
     Federal Aviation Administration shall revoke the operating 
     authority of a commercial air tour operator conducting 
     commercial air tour operations over any national park, 
     including the Grand Canyon National Park, that has not paid 
     the fee assessed by the Secretary under paragraph (1) by the 
     date that is 180 days after the date on which the Secretary 
     determines the fee shall be paid.
       (f) Funding for Air Tour Management Plans.--The Secretary 
     of the Interior shall use the amounts collected under 
     subsection (e) to develop air tour management plans under 
     section 40128(b) of title 49, United States Code, for the 
     national parks the Secretary determines would most benefit 
     from such a plan.
                                 ______
                                 
  SA 3533. 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:

       On page 10, after the matter following line 5, insert the 
     following:
       (c) Inspector General Audit.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct an audit of every airport in the 
     United States that reported between 10,000 and 15,000 
     passenger enplanements during each of the 2 most recent years 
     for which such data is available.
       (2) Audit objectives.--In carrying out the audits under 
     paragraph (1), the Inspector General shall analyze the method 
     used by each subject airport to reach the 10,000 passenger 
     enplanement threshhold, including whether airports subsidize 
     commercial flights to reach such threshhold.
       (3) Report.--The Inspector General shall submit a report to 
     Congress and to the Secretary of Transportation that contains 
     the results of the audits conducted under this subsection.
       (4) Rulemaking.--After reviewing the results of the audits 
     under paragraph (1), the Secretary of Transportation shall 
     promulgate regulations for measuring passenger enplanements 
     at airports that--
       (A) include the method for determining which airports 
     qualify for Federal funding under the Airport Improvement 
     Program (AIP);
       (B) exclude artificial enplanements resulting from efforts 
     by airports to trigger increased AIP funding; and
       (C) sets forth the consequences for tampering with the 
     number of passenger enplanements.
                                 ______
                                 
  SA 3534. Mr. WYDEN (for himself and Mr. Merkley) 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 246, strike lines 16 through 18 and insert the 
     following:
       (D) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)--

       (aa) by striking ``, in cooperation with'' and inserting 
     ``and''; and

[[Page S1629]]

       (bb) by striking ``The air tour'' and all that follows; and

       (II) by redesignating subparagraph (B) as subparagraph (C);
       (III) by inserting after subparagraph (A) the following:

       ``(B) Process and approval.--The establishment of air tour 
     management plans shall be a fully cooperative process between 
     the Administrator and the Director. The Administrator shall 
     be responsible for ensuring the safety of America's airspace 
     and the Director shall be responsible for protecting park 
     resources and values. Each air tour management plan shall 
     be--
       ``(i) developed through a public process that complies with 
     paragraph (4); and
       ``(ii) approved by the Administrator and the Director.''; 
     and

       (IV) by adding at the end the following:

       ``(D) Exception.--An application to begin commercial air 
     tour operations at any unit of the national park system that 
     did not have air tour operations in effect, as of the date of 
     the enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act, may be denied, without the 
     establishment of an air tour management plan, if--
       ``(i) the Administrator determines that such operations 
     would create a safety problem for the airspace over the park; 
     or
       ``(ii) the Director determines that such operations would 
     unacceptably impact park resources or visitor experiences.''; 
     and
       (ii) in paragraph (4)(C), by striking ``National Park 
     Service'' and inserting ``Department of the Interior''.
                                 ______
                                 
  SA 3535. Mr. BEGICH 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. ----. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.

       (a) In General.--The Secretary of Transportation may make 
     grants or loans, execute agreements, and engage in other 
     transactions authorized under section 106(1)(6) of title 49, 
     United States Code, to accelerate the transition to the Next 
     Generation Air Transportation System by mitigating the costs 
     of equipping aircraft with communications, surveillance, 
     navigation, and other avionics to enable NextGen air traffic 
     control capabilities.
       (b) Matching Requirement.--In making grants, contracts, 
     leases, cooperative agreements, other transactions, or credit 
     instruments available under subsection (a), the Secretary 
     shall require that not less than 50 percent of the costs of 
     the activity funded come from non-Federal sources.
       (c) Funding.--In carrying out subsection (a), the Secretary 
     may use the authority under section 106(1)(6) of title 49, 
     United States Code, as provided by appropriations Acts, for 
     not more than $50,000,000 for all fiscal years combined.
       (d) Report.--Within 180 days after the date of enactment of 
     this Act, the Secretary shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on the potential for a program of grants, low-
     interest loans, and other incentives for equipping general 
     aviation aircraft with NextGen avionics.
                                 ______
                                 
  SA 3536. Mr. BEGICH 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 233, line 12, strike ``system;'' and insert 
     ``system and the installation of weather radars supporting 
     that system;''.
       On page 233, line 17, after ``aides'' insert ``and weather 
     radars''.
       On page 235, line 7, after ``Security,'' insert 
     ``Commerce,''.
       On page 235, line 11, strike ``infrastructure'' and insert 
     ``infrastructure, including surveillance and weather 
     radars,''.
       On page 235, line 19, after ``Services,'' insert ``the 
     Senate Committee on Commerce, Science, and Transportation,''.
       On page 236, line 8, after ``systems,'' insert ``weather 
     radars,''.
                                 ______
                                 
  SA 3537. Mr. BROWN of Ohio (for himself and Mr. Voinovich) 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 319 and insert the following:

     SEC. 319. UNMANNED AERIAL SYSTEMS.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act, the Administrator shall develop a plan to 
     accelerate the integration of unmanned aerial systems into 
     the National Airspace System that--
       (1) creates a pilot project to integrate such vehicles into 
     the National Airspace System at 5 test sites in the National 
     Airspace System by 2012;
       (2) creates a safe, non-exclusionary airspace designation 
     for cooperative manned and unmanned flight operations in the 
     National Airspace System;
       (3) establishes a process to develop certification, flight 
     standards, and air traffic requirements for such vehicles at 
     the test sites;
       (4) dedicates funding for unmanned aerial systems research 
     and development to certification, flight standards, and air 
     traffic requirements;
       (5) encourages leveraging and coordination of such research 
     and development activities with the National Aeronautics and 
     Space Administration and the Department of Defense;
       (6) addresses both military and civilian unmanned aerial 
     system operations;
       (7) ensures the unmanned aircraft systems integration plan 
     is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and
       (8) provides for verification of the safety of the vehicles 
     and navigation procedures before their integration into the 
     National Airspace System.
       (b) Test Site Criteria.--In determining where the test 
     sites to be established under the pilot project required by 
     subsection (a)(1) are to be located, the Administrator 
     shall--
       (1) take into consideration geographical and climate 
     diversity; and
       (2) select one such site, subject to approval by the 
     Secretary of the Air Force, that is located in proximity to 
     principal Air Force research and acquisition functions to 
     take advantage of Air Force instrumented radars and related 
     research equipment and current defense science, research, and 
     development activities in unmanned aerial systems.
                                 ______
                                 
  SA 3538. 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:

       On page 10, after the matter following line 5, insert the 
     following:
       (c) Inspector General Audit.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct an audit of every airport in the 
     United States that reported between 10,000 and 15,000 
     passenger enplanements during each of the 2 most recent years 
     for which such data is available.
       (2) Audit objectives.--In carrying out the audits under 
     paragraph (1), the Inspector General shall analyze the method 
     used by each subject airport to reach the 10,000 passenger 
     enplanement threshold, including whether airports subsidize 
     commercial flights to reach such threshold.
       (3) Report.--The Inspector General shall submit a report to 
     Congress and to the Secretary of Transportation that contains 
     the results of the audits conducted under this subsection.
       (4) Rulemaking.--After reviewing the results of the audits 
     under paragraph (1), the Secretary of Transportation shall 
     promulgate regulations for measuring passenger enplanements 
     at airports that--
       (A) include the method for determining which airports 
     qualify for Federal funding under the Airport Improvement 
     Program (AIP);
       (B) exclude artificial enplanements resulting from efforts 
     by airports to trigger increased AIP funding; and
       (C) sets forth the consequences for tampering with the 
     number of passenger enplanements.
       (d) Proportional Apportionments.--Section 47114(c)(1) is 
     amended to read as follows:
       ``(1) Primary airports.--The Secretary shall apportion to 
     the sponsor of each primary and non-primary airport for each 
     fiscal year an amount that bears the same ratio to the amount 
     subject to apportionment for fiscal year 2009 as the number 
     of passenger boardings at the airport during the prior 
     calendar year bears to the aggregate of all passenger 
     boardings at all primary airports during that calendar 
     year.''.
                                 ______
                                 
  SA 3539. 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:

       Beginning on page 34, strike line 8 and all that follows 
     through page 36, line 4, and insert the following:
       (i) Proportional Apportionments.--Section 47114(c) is 
     amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Primary airports.--The Secretary shall apportion to 
     the sponsor of each primary and non-primary airport for each 
     fiscal year an amount that bears the same ratio to the amount 
     subject to apportionment for fiscal year 2009 as the number 
     of passenger boardings at the airport during the prior 
     calendar year bears to the aggregate of all passenger 
     boardings at all primary airports during that calendar 
     year.''.
                                 ______
                                 
  SA 3540. Mr. WHITEHOUSE proposed an amendment to the bill S. 1782, to 
provide improvements for the operations of the Federal courts, and for 
other purposes; as follows:


[[Page S1630]]


       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Judiciary 
     Administrative Improvements Act of 2010''.

     SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION.

       Section 631(a) of title 28, United States Code, is amended 
     in the first sentence by striking ``(including any judge in 
     regular active service and any judge who has retired from 
     regular active service under section 371(b) of this title, 
     when designated and assigned to the court to which such judge 
     was appointed)''.

     SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE DISTRICT OF 
                   NORTH DAKOTA.

       Chapter 5 of title 28, United States Code, is amended by 
     striking section 114 and inserting the following:

     ``Sec. 114. North Dakota

       ``North Dakota constitutes one judicial district.
       ``Court shall be held at Bismarck, Fargo, Grand Forks, and 
     Minot.''.

     SEC. 4. SEPARATION OF THE JUDGMENT AND STATEMENT OF REASONS 
                   FORMS.

       Section 3553(c)(2) of title 18, United States Code, is 
     amended by striking ``the written order of judgment and 
     commitment'' and inserting ``a statement of reasons form 
     issued under section 994(w)(1)(B) of title 28''.

     SEC. 5. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES.

       Section 3154 of title 18, United States Code, is amended--
       (1) by redesignating paragraph (14) as paragraph (15); and
       (2) by inserting after paragraph (13) the following:
       ``(14) Perform, in a manner appropriate for juveniles, any 
     of the functions identified in this section with respect to 
     juveniles awaiting adjudication, trial, or disposition under 
     chapter 403 of this title who are not detained.''.

     SEC. 6. STATISTICAL REPORTING SCHEDULE FOR CRIMINAL WIRETAP 
                   ORDERS.

       Section 2519 of title 18, United States Code, is amended--
       (1) in paragraph (1), by striking ``Within thirty days 
     after the expiration of an order (or each extension thereof) 
     entered under section 2518, or the denial of an order 
     approving an interception, the issuing or denying judge'' and 
     inserting ``In January of each year, any judge who has issued 
     an order (or an extension thereof) under section 2518 that 
     expired during the preceding year, or who has denied approval 
     of an interception during that year,'';
       (2) in paragraph (2), by striking ``In January of each 
     year'' and inserting ``In March of each year''; and
       (3) in paragraph (3), by striking ``In April of each year'' 
     and inserting ``In June of each year''.

     SEC. 7. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF OTHER THAN 
                   COUNSEL CASE COMPENSATION.

       Section 3006A of title 18, United States Code, is amended--
       (1) in subsection (e)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), in the second sentence, by 
     striking ``$500'' and inserting ``$800''; and
       (ii) in subparagraph (B), by striking ``$500'' and 
     inserting ``$800''; and
       (B) in paragraph (3), in the first sentence, by striking 
     ``$1,600'' and inserting ``$2,400''; and
       (2) by adding at the end the following:
       ``(5) The dollar amounts provided in paragraphs (2) and (3) 
     shall be adjusted simultaneously by an amount, rounded to the 
     nearest multiple of $100, equal to the percentage of the 
     cumulative adjustments taking effect under section 5303 of 
     title 5 in the rates of pay under the General Schedule since 
     the date the dollar amounts provided in paragraphs (2) and 
     (3), respectively, were last enacted or adjusted by 
     statute.''.
                                 ______
                                 
  SA 3541. Mrs. FEINSTEIN 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 V, insert the following:

     SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall conduct a study of air quality 
     in aircraft cabins to--
       (1) assess bleed air quality on the full range of 
     commercial aircraft operating in the United States;
       (2) identify oil-based contaminants, hydraulic fluid 
     toxins, and other air toxins that appear in cabin air and 
     measure the quantity and prevalence of those toxins through a 
     comprehensive sampling program;
       (3) determine the specific amount of toxic fumes present in 
     aircraft cabins that constitutes a health risk to passengers;
       (4) develop a systematic reporting standard for smoke and 
     fume events in aircraft cabins;
       (5) evaluate the severity of symptoms among individuals 
     exposed to toxic fumes during flight;
       (6) determine the extent to which the installation of 
     sensors and air filters on commercial aircraft would provide 
     a public health benefit; and
       (7) make recommendations for regulatory or procedural 
     changes to reduce the adverse health effects of poor air 
     quality in aircraft cabins, including recommendations with 
     respect to the appropriateness and public health benefits of 
     a requirement to install sensors and air filters on all 
     aircraft or all new aircraft.
       (b) Authority to Monitor Air in Aircraft Cabins.--For 
     purposes of conducting the study required by subsection (a), 
     the Administrator of the Federal Aviation Administration 
     shall require domestic air carriers to allow air quality 
     monitoring on their aircraft.
       (c) Regulations.--If the Administrator makes 
     recommendations under subsection (a)(7) for regulations to 
     reduce the adverse health effects associated with poor air 
     quality in commercial aircraft cabins, the Administrator 
     shall--
       (1) issue a notice of proposed rulemaking with respect to 
     such regulations not later than 18 months after the date of 
     the enactment of this Act; and
       (2) issue final rules with respect to such regulations not 
     later than 36 months after the date of the enactment of this 
     Act.

                          ____________________