[Congressional Record Volume 156, Number 169 (Saturday, December 18, 2010)]
[Senate]
[Pages S10694-S10695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4848. Mr. BROWN of Ohio (for Mr. Baucus) proposed an amendment to 
the bill H.R. 4915, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. DEFINITION OF ELIGIBLE PLAN YEAR.

       (a) Amendment to ERISA.--Clause (v) of section 303(c)(2)(D) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1083(c)(2)(D)), as added by section 201(a)(1) of the 
     Preservation of Access to Care for Medicare Beneficiaries and 
     Pension Relief Act of 2010, is amended--
       (1) by striking ``on or after the date of the enactment of 
     this subparagraph'' and inserting ``on or after June 25, 2010 
     (March 10, 2010, in the case of an eligible plan)'', and
       (2) by adding at the end the following new sentence: ``For 
     purposes of the preceding sentence, a plan shall be treated 
     as an eligible plan only if, as of the date of the election 
     with respect to the plan under clause (i)--
       ``(A) the plan sponsor is not a debtor in a case under 
     title 11, United States Code, or similar Federal or State 
     law,
       ``(B) there are no unpaid minimum required contributions 
     with respect to the plan for purposes of section 4971 of the 
     Internal Revenue Code of 1986 (imposing an excise tax when 
     minimum required contributions are not paid by the due date 
     for the plan year),
       ``(C) there are no outstanding liens in favor of the plan 
     under subsection (k), and
       ``(D) the plan sponsor has not initiated a distress 
     termination of the plan under section 4041.''.
       (b) Amendment to Internal Revenue Code of 1986.--Clause (v) 
     of section 430(c)(2)(D) of the Internal Revenue Code of 1986, 
     as added by section 201(b)(1) of the Preservation of Access 
     to Care for Medicare Beneficiaries and Pension Relief Act of 
     2010, is amended--
       (1) by striking ``on or after the date of the enactment of 
     this subparagraph'' and inserting ``on or after June 25, 2010 
     (March 10, 2010, in the case of an eligible plan)'', and
       (2) by adding at the end the following new sentence: ``For 
     purposes of the preceding sentence, a plan shall be treated 
     as an eligible plan only if, as of the date of the election 
     with respect to the plan under clause (i)--
       ``(A) the plan sponsor is not a debtor in a case under 
     title 11, United States Code, or similar Federal or State 
     law,
       ``(B) there are no unpaid minimum required contributions 
     with respect to the plan for purposes of section 4971 
     (imposing an excise tax when minimum required contributions 
     are not paid by the due date for the plan year),
       ``(C) there are no outstanding liens in favor of the plan 
     under subsection (k), and
       ``(D) the plan sponsor has not initiated a distress 
     termination of the plan under section 4041 of the Employee 
     Retirement Income Security Act of 1974.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the amendments made by 
     the provisions of the Preservation of Access to Care for 
     Medicare Beneficiaries and Pension Relief Act of 2010 to 
     which the amendments relate.

     SEC. 2. ELIGIBLE CHARITY PLANS.

       (a) Definition of Eligible Charity Plans.--
       (1) In general.--Section 104(d) of the Pension Protection 
     Act of 2006, as added by section 202(b) of the Preservation 
     of Access to Care for Medicare Beneficiaries and Pension 
     Relief Act of 2010, is amended to read as follows:
       ``(d) Eligible Charity Plan Defined.--For purposes of this 
     section, a plan shall be treated as an eligible charity plan 
     for a plan year if--
       ``(1) the plan is maintained by one or more employers 
     employing employees who are accruing benefits based on 
     service for the plan year,
       ``(2) such employees are employed in at least 20 States,
       ``(3) more than 98 percent of such employees are employed 
     by an employer described in section 501(c)(3) of such Code 
     and the primary exempt purpose of each such employer is to 
     provide services with respect to children, and
       ``(4) the plan sponsor elects (at such time and in such 
     form and manner as shall be prescribed by the Secretary of 
     the Treasury) to be so treated.

     Any election under this subsection may be revoked only with 
     the consent of the Secretary of the Treasury.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the amendment made by the 
     provision of the Preservation of Access to Care for Medicare 
     Beneficiaries and Pension Relief Act of 2010 to which the 
     amendment relates (determined after application of the 
     amendment made by subsection (c)), except that a plan sponsor 
     may elect to apply such amendment to plan years beginning on 
     or after January 1, 2011.
       (b) Regulations.--The Secretary of the Treasury may 
     prescribe such regulations as may be necessary to carry out 
     the purposes of the amendments made by section 202(b) of the 
     Preservation of Access to Care for Medicare Beneficiaries and 
     Pension Relief Act of 2010 and the amendment made by 
     subsection (a).
       (c) Application of New Rules to Eligible Charity Plans.--
       (1) In general.--Paragraph (2) of section 202(c) of the 
     Preservation of Access to Care for Medicare Beneficiaries and 
     Pension Relief Act of 2010 is amended to read as follows:
       ``(2) Eligible charity plans.--The amendments made by 
     subsection (b) shall apply to plan years beginning after 
     December 31, 2010, except that a plan sponsor may elect to 
     apply such amendments to plan years beginning after an 
     earlier date.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the amendment made by the 
     provision of the Preservation of Access to Care for Medicare 
     Beneficiaries and Pension Relief Act of 2010 to which the 
     amendment relates.

     SEC. 3. SUSPENSION OF CERTAIN FUNDING LEVEL LIMITATIONS.

       (a) Limitations on Benefit Accruals.--Section 203 of the 
     Worker, Retiree, and Employer Recovery Act of 2008 (Public 
     Law 110-458; 122 Stat. 5118) is amended--
       (1) by striking ``the first plan year beginning during the 
     period beginning on October 1, 2008, and ending on September 
     30, 2009'' and inserting ``any plan year beginning during the 
     period beginning on October 1, 2008, and ending on December 
     31, 2011'';

[[Page S10695]]

       (2) by striking ``substituting'' and all that follows 
     through ``for such plan year'' and inserting ``substituting 
     for such percentage the plan's adjusted funding target 
     attainment percentage for the last plan year ending before 
     September 30, 2009,''; and
       (3) by striking ``for the preceding plan year is greater'' 
     and inserting ``for such last plan year is greater''.
       (b) Social Security Level-income Options.--
       (1) ERISA amendment.--Section 206(g)(3)(E) of the Employee 
     Retirement Income Security Act of 1974 is amended by adding 
     at the end the following new sentence: ``For purposes of 
     applying clause (i) in the case of payments the annuity 
     starting date for which occurs on or before December 31, 
     2011, payments under a social security leveling option shall 
     be treated as not in excess of the monthly amount paid under 
     a single life annuity (plus an amount not in excess of a 
     social security supplement described in the last sentence of 
     section 204(b)(1)(G)).''.
       (2) IRC amendment.--Section 436(d)(5) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new sentence: ``For purposes of applying 
     subparagraph (A) in the case of payments the annuity starting 
     date for which occurs on or before December 31, 2011, 
     payments under a social security leveling option shall be 
     treated as not in excess of the monthly amount paid under a 
     single life annuity (plus an amount not in excess of a social 
     security supplement described in the last sentence of section 
     411(a)(9)).''.
       (3) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall apply to annuity payments the annuity starting date for 
     which occurs on or after January 1, 2011.
       (B) Permitted application.--A plan shall not be treated as 
     failing to meet the requirements of sections 206(g) of the 
     Employee Retirement Income Security Act of 1974 (as amended 
     by this subsection) and section 436(d) of the Internal 
     Revenue Code of 1986 (as so amended) if the plan sponsor 
     elects to apply the amendments made by this subsection to 
     payments the annuity starting date for which occurs before 
     January 1, 2011.
       (c) Repeal of Related Provisions.--The provisions of, and 
     the amendments made by, section 203 of the Preservation of 
     Access to Care for Medicare Beneficiaries and Pension Relief 
     Act of 2010 are repealed and the Employee Retirement Income 
     Security Act of 1974, the Internal Revenue Code of 1986, and 
     the Worker, Retiree, and Employer Recovery Act of 2008 
     (Public Law 110-458; 122 Stat. 5118) shall be applied as if 
     such section had never been enacted.

     SEC. 4. OPTIONAL USE OF 30-YEAR AMORTIZATION PERIODS.

       (a) Amendment to ERISA.--Paragraph (8) of section 304(b) of 
     the Employee Retirement Income Security Act of 1974, as 
     amended by the Preservation of Access to Care for Medicare 
     Beneficiaries and Pension Relief Act of 2010, is amended by 
     striking ``after August 31, 2008'' each place it appears in 
     subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), and 
     inserting ``on or after June 30, 2008''.
       (b) Amendment to Internal Revenue Code of 1986.--Paragraph 
     (8) of section 431(b) of the Internal Revenue Code of 1986, 
     as amended by the Preservation of Access to Care for Medicare 
     Beneficiaries and Pension Relief Act of 2010, is amended by 
     striking ``after August 31, 2008'' each place it appears in 
     subparagraphs (A)(i) and (B)(i)(I) and inserting ``on or 
     after June 30, 2008''.
       (c) Effective Date and Special Rules.--The amendments made 
     by this section shall take effect as of the first day of the 
     first plan year beginning on or after June 30, 2008, except 
     that any election a plan sponsor makes pursuant to this 
     section or the amendments made thereby that affects the 
     plan's funding standard account for any plan year beginning 
     before October 1, 2009, shall be disregarded for purposes of 
     applying the provisions of section 305 of the Employee 
     Retirement Income Security Act of 1974 and section 432 of the 
     Internal Revenue Code of 1986 to that plan year.
                                 ______
                                 
  SA 4849. Mr. BROWN of Ohio (for Mr. Baucus) proposed an amendment to 
the bill H.R. 4915, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; as follows:

       Amend the title so as to read: ``An Act to amend the 
     Internal Revenue Code of 1986 to make technical corrections 
     to the pension funding provisions of the Preservation of 
     Access to Care for Medicare Beneficiaries and Pension Relief 
     Act of 2010.''.
                                 ______
                                 
  SA 4850. Mr. BROWN of Ohio (for Mr. Dodd) proposed an amendment to 
the bill S. 118, to amend section 202 of the Housing Act of 1959, to 
improve the program under such section for supportive housing for the 
elderly, and for other purposes; as follows:

       On page 45, strike line 1 and all that follows through page 
     50, line 8.
       On page 50, after line 8, insert the following:

     TITLE IV--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

     SEC. 401. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 4851. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to Treaty Doc. 111-5, Treaty between the United States of 
America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed in Prague 
on April 8, 2010, with Protocol; which was ordered to lie on the table; 
as follows:



 =========================== NOTE =========================== 

  
  On page S10695, December 18, 2010, under the heading TEXT OF 
AMENDMENTS, the following appears, for Amendments SA 4851 to SA 
4853: ``. . . intended to be proposed by him to the resolution of 
ratification for Treaty Doc. 111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (c), add the following:
       (14) Nuclear deterrence.--The Senate declares that it will 
     not support further nuclear reductions that put the United 
     States on a path to zero nuclear weapons, would require the 
     elimination of a leg of the United States nuclear triad, or 
     require significant changes to the nuclear posture or 
     doctrine of the United States in a manner that would 
     undermine the credibility of the nuclear deterrent, the 
     assurance of extended deterrence, or the dissuasive effect of 
     the posture or doctrine on would-be nuclear states or 
     potential nuclear competitors.
                                 ______
                                 
  SA 4852. Mr. THUNE submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       At the end of subsection (a), add the following:
       (11) Development of replacement heavy bomber.--Prior to 
     entry into force of the New START Treaty, the President shall 
     certify to the Senate that the President has made a 
     commitment to develop a replacement heavy bomber that is both 
     nuclear and conventionally capable.
                                 ______
                                 
  SA 4853. Mr. CORNYN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       At the end of subsection (a), add the following:
       (11) Presidential certification rejecting interrelationship 
     between strategic offensive and strategic defensive arms.--
     The New START Treaty shall not enter into force until the 
     President certifies to the Senate and notifies the President 
     of the Russian Federation in writing that the President 
     rejects the following recognition stated in the preamble to 
     the New START Treaty: ``Recognizing the existence of the 
     interrelationship between strategic offensive arms and 
     strategic defensive arms, that this interrelationship will 
     become more important as strategic nuclear arms are reduced, 
     and that current strategic defensive arms do not undermine 
     the viability and effectiveness of the strategic offensive 
     arms of the Parties''.

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