[Congressional Record Volume 157, Number 16 (Thursday, February 3, 2011)]
[Senate]
[Pages S553-S556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 36. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 311, between lines 11 and 12, insert the following:

     SEC. 7__. UPDATES TO FEDERAL BUDGET DEFICIT CALCULATIONS; OMB 
                   REPORT TO CONGRESS.

       (a) Updates to Federal Budget Deficit Calculations.--Thirty 
     days after the date of enactment of this Act, the Director of 
     the Office of Management and Budget and the Director of the 
     Congressional Budget Office shall update the Federal budget 
     deficit calculations to take into account any loss of Federal 
     revenue resulting from projected reductions in oil and gas 
     production during each of the 5- and 10-year periods 
     beginning on the date of enactment of this Act due to the 
     moratorium on oil and gas leasing in the Gulf of Mexico set 
     forth on May 25, 2010, and all following notice to lessees, 
     rules, and regulations by the Department of Interior 
     pertaining to offshore energy production.
       (b) Report to Congress.--As soon as practicable after the 
     date of enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to Congress a report that 
     provides--
       (1) an estimate of the total revenues generated by 
     Department of the Interior due to domestic offshore oil and 
     gas production during each of the preceding 10 fiscal years; 
     and
       (2) projections of the total revenues to be generated by 
     the Department of the Interior due to domestic resource 
     production for each of fiscal years 2011 through 2015.
                                 ______
                                 
  SA 37. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 214, and insert the following:

     SECTION 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT 
                   PROGRAM.

       Section 47110(b)(2)(D) is amended to read as follows:
       ``(D) if the cost is for airport development and is 
     incurred before execution of the grant agreement, but in the 
     same fiscal year as execution of the grant agreement, and 
     if--
       ``(i) the cost was incurred before execution of the grant 
     agreement due to the short construction season in the 
     vicinity of the airport;
       ``(ii) the cost is in accordance with an airport layout 
     plan approved by the Secretary and with all statutory and 
     administrative requirements that would have been applicable 
     to the project if the project had been carried out after 
     execution of the grant agreement;
       ``(iii) the sponsor notifies the Secretary before 
     authorizing work to commence on the project; and
       ``(iv) the sponsor's decision to proceed with the project 
     in advance of execution of the grant agreement does not 
     affect the priority assigned to the project by the Secretary 
     for the allocation of discretionary funds;''.
                                 ______
                                 
  SA 38. Mr. BROWN of Ohio (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 223, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 97, 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) consult with the Secretary of the Air Force and the 
     Administrator of the National Aeronautics and Space 
     Administration to determine the test sites with available 
     research radars to most efficiently meet national defense and 
     civilian aerospace needs.

[[Page S554]]

       (c) Systems and Detection Techniques.--Within 6 months 
     after date of enactment of this Act, the Administrator shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing and assessing the 
     progress being made in establishing special use airspace to 
     fill the immediate need of the Air Force to develop detection 
     techniques for small unmanned aerial vehicles and validate 
     sensor integration and operation of unmanned aerial systems.
                                 ______
                                 
  SA 39. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill S. 223, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 224. TWO-YEAR PROHIBITION ON EXPANSION OF BULLDOG 
                   MILITARY OPERATING AREAS.

       The Administrator of the Federal Aviation Administration 
     may not amend, expand, or modify, or approve an amendment, 
     expansion, or modification of, the Bulldog Military Operating 
     Area (MOA) A or Bulldog Military Operating Area (MOA) B until 
     2 years after the date of enactment of this Act.
                                 ______
                                 
  SA 40. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 223, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 307, strike line 1 and all that follows 
     through page 310, line 10, and insert the following:

     SEC. 730. TRANSPORTATION OF COMPRESSED OXYGEN AND OXIDIZING 
                   GASES WITHIN ALASKA.

       In circumstances in which it is impracticable to transport 
     compressed oxygen and other oxidizing gases within the State 
     of Alaska through transportation modes other than by 
     aircraft, the transportation of such gases within Alaska 
     shall not be subject to the requirements under--
       (1) paragraphs (3), (4), and (5) of section 173.302(f) of 
     title 49, Code of Federal Regulations;
       (2) paragraphs (3), (4), and (5) of section 173.304(f) of 
     such title; and
       (3) appendices D and E of part 178 of such title.
                                 ______
                                 
  SA 41. Mr. BAUCUS (for himself and Mr. TESTER) submitted an amendment 
intended to be proposed by him to the bill S. 223, to modernize the air 
traffic control system, improve the safety, reliability, and 
availability of transportation by air in the United States, provide 
modernization of the air traffic control system, reauthorize the 
Federal Aviation Administration, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 320, and insert the following:

     SEC. 320. UNMANNED AERIAL SYSTEMS.

       (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 develop and implement a plan to 
     accelerate the integration of unmanned aerial systems into 
     the National Airspace System. The plan shall--
       (1) create a pilot project to integrate unmanned aerial 
     systems into the National Airspace System at 4 test sites in 
     the National Airspace System by 2012;
       (2) create a test and development center to research new 
     applications for unmanned aerial systems in the National 
     Airspace System through a partnership with public 
     universities and private industry;
       (3) create a safe, nonexclusionary airspace designation for 
     cooperative manned and unmanned flight operations in the 
     National Airspace System;
       (4) establish a process to develop certification, flight 
     standards, and air traffic requirements for such unmanned 
     aerial systems at each of the test sites;
       (5) dedicate funding for unmanned aerial systems research 
     and development for certification, flight standards, and air 
     traffic requirements;
       (6) encourage leveraging and coordination of such research 
     and development activities with the National Aeronautics and 
     Space Administration and the Department of Defense;
       (7) address both military and civilian unmanned aerial 
     system operations;
       (8) ensure the unmanned aircraft systems integration plan 
     is incorporated in the Federal Aviation Administration's 
     NextGen Air Transportation System implementation plan; and
       (9) provide for verification of the safety of the unmanned 
     aerial systems and navigation procedures before their 
     integration into the National Airspace System.
       (b) Test Site Criteria.--The Administrator of the Federal 
     Aviation Administration shall take into consideration 
     geographical and climate diversity in determining where the 
     test sites authorized under subsection (a)(1) are to be 
     located.
       (c) Unmanned Aerial Systems Test and Development Center.--
       (1) In general.--Not later than 12 months after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall designate, through partnerships 
     with State public universities and private industry, an 
     Unmanned Aerial Systems (UAS) Test and Development Center 
     that focuses on the development of new commercial unmanned 
     aircraft systems. The Center shall focus on--
       (A) the use of biofuels and alternative fuels to power the 
     unmanned aerial systems;
       (B) the applied research of commercial applications of 
     unmanned aircraft systems, including the application of such 
     systems in forest and wildfire management;
       (C) the application of such systems in agriculture and 
     livestock management;
       (D) the application of such systems in wildlife and 
     predator management; and
       (E) the application of such systems in a maritime and gulf 
     environment.
       (2) Location of center.--
       (A) In general.--The Center shall be in close proximity to 
     a test area that is suitable for unmanned aircraft systems 
     that includes--
       (i) Class G airspace with low air traffic use located in a 
     sparsely populated, low-density area within the continental 
     United States;
       (ii) a diversity of climate and weather conditions; and
       (iii) a variety of terrain, topography, and vegetation, 
     including forested and mountainous terrain, a diversity of 
     crop and grazing lands, and areas inhabited by wildlife and 
     livestock.
       (B) Access to maritime areas.--The Center shall also have 
     access to maritime and gulf areas through collaborative 
     agreements with other universities and research institutes.
       (3) Certification process.--The Administrator of the 
     Federal Aviation Administration shall expedite the approval 
     process for Certificate of Authorization (COA) requests from 
     the UAS Test and Development Center.
       (d) Report.--Not later than 12 months after the date of the 
     enactment of this Act, and annually thereafter, the 
     Administrator of the Federal Aviation Administration shall 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the progress of integrating unmanned 
     aerial systems into the National Airspace System.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator of the Federal 
     Aviation Administration for each of the fiscal years 2011 
     through 2013 such sums as may be necessary to carry out this 
     section.
                                 ______
                                 
  SA 42. Mr. MERKLEY (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill S. 223, to modernize the air 
traffic control system, improve the safety, reliability, and 
availability of transportation by air in the United States, provide 
modernization of the air traffic control system, reauthorize the 
Federal Aviation Administration, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 146, after line 23, add the following:

     SEC. 435. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON 
                   NATIONAL AIRPORT.

       (a) Beyond Perimeter Exemptions.--Section 41718(a) is 
     amended by striking ``24'' and inserting ``40''.
       (b) Limitations.--Section 41718(c)(2) is amended by 
     striking ``3 operations'' and inserting ``6 operations''.
       (c) Allocation of Beyond-perimeter Exemptions.--Section 
     41718(c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Slots.--The Administrator of the Federal Aviation 
     Administration shall reduce the hourly air carrier slot quota 
     for Ronald Reagan Washington National Airport in section 
     93.123(a) of title 14, Code of Federal Regulations, by a 
     total of 16 slots that are available for allocation. Such 
     reductions shall be taken in the 6:00 a.m., 10:00 p.m., or 
     11:00 p.m. hours, as determined by the Administrator, in 
     order to grant exemptions under subsection (a).''.
       (d) Scheduling Priority.--Section 41718 is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Scheduling Priority.--Operations conducted by new 
     entrant air carriers and limited incumbent air carriers shall 
     be afforded a scheduling priority over operations conducted 
     by other air carriers granted exemptions pursuant to this 
     section, with the highest scheduling priority to be afforded 
     to

[[Page S555]]

     beyond-perimeter operations conducted by new entrant air 
     carriers and limited incumbent air carriers.''.
                                 ______
                                 
  SA 43. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 224. REPAYMENT OF FEDERAL GRANTS BEFORE PRIVATIZATION OF 
                   AIRPORTS.

       Section 47134(b)(2) is amended to read as follows:
       ``(2) Repayment requirements.--
       ``(A) In general.--Before a sponsor that has received an 
     exemption under this section sells or leases an airport as 
     described in subsection (a), the sponsor shall repay to the 
     Secretary--
       ``(i) the Federal share of the fair-market value of any 
     land that is part of the airport and that was purchased after 
     September 3, 1982, with a Federal grant; and
       ``(ii) the lesser of--

       ``(I) the Federal share of the remaining unamortized 
     portion, as determined by the Secretary, of any grant made 
     under this subchapter after September 3, 1982, for 
     improvements to the airport; or
       ``(II) the Federal share of the value of the improvements 
     to the airport made with the grant described in subclause 
     (I).

       ``(B) Determination of value of improvements.--For purposes 
     of subparagraph (A)(ii)(II), the value of the improvements to 
     the airport shall be the value of the improvements at the 
     time of the sale or lease of the airport approved under 
     subsection (a), as determined by the Secretary.
       ``(C) Effect of amount of compensation.--A sponsor shall 
     repay the amounts required by subparagraph (A) without regard 
     to the amount of compensation received pursuant to the sale 
     or lease of the airport approved under subsection (a).
       ``(D) Effect of repayment on certain obligations.--The 
     repayment of the amounts required under subparagraph (A) 
     shall not terminate--
       ``(i) any obligation of the Federal Government to operate 
     the airport; or
       ``(ii) any obligation of the sponsor, or owner or lessee of 
     the airport, with respect to--

       ``(I) funding airport land or improvements to the airport; 
     or
       ``(II) any Federal land conveyed to be used for airport 
     purposes.''.

                                 ______
                                 
  SA 44. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.   . PUBLIC INTEREST CONSIDERATIONS IN CERTAIN 
                   REGULATIONS.

       (a) Use of Airspace.--Section 40103(b)(1) is amended by 
     adding at the end the following: ``The Administrator may take 
     into account the matters considered under section 40101(a) in 
     determining what is in the public interest under this 
     paragraph in matters related to--
       ``(A) carrying out subpart II of this subtitle; and
       ``(B) those provisions of subpart IV applicable in carrying 
     out subpart II.''.
       (b) Safety Regulation.--Section 40109(b) is amended by 
     adding at the end the following: ``The Administrator may take 
     into account the matters considered under section 40101(a) in 
     determining what is in the public interest under this 
     paragraph in matters related to--
       ``(1) carrying out subpart II of this subtitle; and
       ``(2) those provisions of subpart IV applicable in carrying 
     out subpart II.''.
                                 ______
                                 
  SA 45. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 297, line 19, insert ``(a) In General.--'' before 
     ``Not''.
       On page 298, strike lines 7 through 10 and insert the 
     following:
       (2) the potential impact to the aerospace industry from the 
     degradation of capabilities due to the loss or change to the 
     radio frequency spectrum allocated to the aeronautical mobile 
     telemetry service.
       (b) No Impact on FCC Order.--Nothing in this section shall 
     prohibit, delay, or interfere with the Federal Communications 
     Commission's issuance of an order in FCC ET Docket No. 08-59.
                                 ______
                                 
  SA 46. Ms. CANTWELL (for herself, Mr. Isakson, and Mr. Chambliss) 
submitted an amendment intended to be proposed by her to the bill S. 
223, to modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert 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 has contributed an airline payment amount to a 
     Roth IRA that is treated as a qualified rollover contribution 
     pursuant to section 125 of the Worker, Retiree, and Employer 
     Recovery Act of 2008, may transfer to a traditional IRA, in a 
     trustee-to-trustee transfer, all or any part of the 
     contribution (together with any net income allocable to such 
     contribution), 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. No amount so transferred to a traditional 
     IRA may be treated as a qualified rollover contribution with 
     respect to a Roth IRA within the 5-taxable year period 
     beginning with the taxable year in which such transfer was 
     made.
       (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, 2012).
       (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.

[[Page S556]]

       (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.

                          ____________________