[Congressional Record Volume 157, Number 23 (Monday, February 14, 2011)]
[Senate]
[Pages S697-S702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 74. Mrs. SHAHEEN 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 230, between lines 7 and 8, insert the following:

     SEC. 565. VALIDATION OF PASSENGER BOARDING PASSES.

       Section 44901 is amended by adding at the end the 
     following:
       ``(l) Validation of Boarding Passes.--Not later than 1 year 
     after the date of the enactment of the FAA Air Transportation 
     Modernization and Safety Improvement Act, the Administrator 
     of the Transportation Security Administration shall develop 
     and implement a mechanism that can be used at an airport 
     security checkpoint to verify that--
       ``(1) a boarding pass of an individual has not been 
     tampered with; and
       ``(2) the boarding pass accurately reflects the name of the 
     person who purchased the boarding pass.''.
                                 ______
                                 
  SA 75. Mr. BAUCUS (for himself, Mr. Bingaman, Mr. Kerry, Mr. Wyden, 
Ms. Cantwell, and Mr. Carper) 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 title VIII and insert the following:

 TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

     SEC. 800. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST 
                   FUND.

       (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2010.

     SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
                   EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) is 
     amended--
       (1) by striking ``April 1, 2010'' in the matter preceding 
     subparagraph (A) and inserting ``October 1, 2013'', and
       (2) by striking the semicolon at the end of subparagraph 
     (A) and inserting ``or the FAA Air Transportation 
     Modernization and Safety Improvement Act;''.
       (b) Conforming Amendment.--Paragraph (2) of section 9502(e) 
     is amended by striking ``April 1, 2010'' and inserting 
     ``October 1, 2013''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2010.

     SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN 
                   AVIATION.

       (a) Rate of Tax on Aviation-grade Kerosene.--
       (1) In general.--Subparagraph (A) of section 4081(a)(2) is 
     amended by striking ``and'' at the end of clause (ii), by 
     striking the period at the end of clause (iii) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(iv) in the case of aviation-grade kerosene, 35.9 cents 
     per gallon.''.
       (2) Fuel removed directly into fuel tank of airplane used 
     in noncommercial aviation.--Subparagraph (C) of section 
     4081(a)(2) is amended to read as follows:
       ``(C) Taxes imposed on fuel used in commercial aviation.--
     In the case of aviation-grade kerosene which is removed from 
     any refinery or terminal directly into the fuel tank of an 
     aircraft for use in commercial aviation by a person 
     registered for such use under section 4101, the rate of tax 
     under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
       (3) Exemption for aviation-grade kerosene removed into an 
     aircraft.--Subsection (e) of section 4082 is amended--
       (A) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (B) by striking ``section 4081(a)(2)(A)(iii)'' and 
     inserting ``section 4081(a)(2)(A)(iv)'', and
       (C) by striking ``Kerosene'' in the heading and inserting 
     ``Aviation-Grade Kerosene''.
       (4) Conforming amendments.--
       (A) Clause (iii) of section 4081(a)(2)(A) is amended by 
     inserting ``other than aviation-grade kerosene'' after 
     ``kerosene''.
       (B) The following provisions are each amended by striking 
     ``kerosene'' and inserting ``aviation-grade kerosene'':
       (i) Section 4081(a)(3)(A)(ii).
       (ii) Section 4081(a)(3)(A)(iv).
       (iii) Section 4081(a)(3)(D).
       (C) Subparagraph (D) of section 4081(a)(3) is amended--
       (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and 
     inserting ``paragraph (2)(C)'', and
       (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) 
     and inserting ``paragraph (2)(A)(iv)''.
       (D) Paragraph (4) of section 4081(a) is amended--
       (i) by striking ``kerosene'' in the heading and inserting 
     ``aviation-grade kerosene'', and
       (ii) by striking ``paragraph (2)(C)(i)'' and inserting 
     ``paragraph (2)(C)''.
       (E) Paragraph (2) of section 4081(d) is amended by striking 
     ``(a)(2)(C)(ii)'' and inserting ``(a)(2)(A)(iv)''.
       (b) Retail Tax on Aviation Fuel.--
       (1) Exemption for previously taxed fuel.--Paragraph (2) of 
     section 4041(c) is amended by inserting ``at the rate 
     specified in subsection (a)(2)(A)(iv) thereof'' after 
     ``section 4081''.
       (2) Rate of tax.--Paragraph (3) of section 4041(c) is 
     amended to read as follows:
       ``(3) Rate of tax.--The rate of tax imposed by this 
     subsection shall be the rate of tax in effect under section 
     4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
     sale or use for commercial aviation).''.
       (c) Refunds Relating to Aviation-grade Kerosene.--
       (1) Aviation-grade kerosene used in commercial aviation.--
     Clause (ii) of section 6427(l)(4)(A) is amended by striking 
     ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
     case may be,'' and inserting ``so imposed''.
       (2) Kerosene used in aviation.--Paragraph (4) of section 
     6427(l) is amended by striking subparagraphs (B) and (C) and 
     inserting the following new subparagraph:
       ``(B) Payments to ultimate, registered vendor.--With 
     respect to any kerosene used in aviation (other than kerosene 
     to which paragraph (6) applies), if the ultimate purchaser of 
     such kerosene waives (at such time and in such form and 
     manner as the Secretary shall prescribe) the right to payment 
     under paragraph (1) and assigns such right to the ultimate 
     vendor, then the Secretary shall pay (without interest) the 
     amount which would be paid under paragraph (1) to such 
     ultimate vendor, but only if such ultimate vendor--
       ``(i) is registered under section 4101, and

[[Page S698]]

       ``(ii) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).''.
       (3) Aviation-grade kerosene not used in aviation.--
     Subsection (l) of section 6427 is amended by redesignating 
     paragraph (5) as paragraph (6) and by inserting after 
     paragraph (4) the following new paragraph:
       ``(5) Refunds for aviation-grade kerosene not used in 
     aviation.--If tax has been imposed under section 4081 at the 
     rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
     used other than in an aircraft, the Secretary shall pay 
     (without interest) to the ultimate purchaser of such fuel an 
     amount equal to the amount of tax imposed on such fuel 
     reduced by the amount of tax that would be imposed under 
     section 4041 if no tax under section 4081 had been 
     imposed.''.
       (4) Conforming amendments.--
       (A) Subparagraph (B) of section 4082(d)(2) is amended by 
     striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
       (B) Paragraph (4) of section 6427(i) is amended--
       (i) by striking ``(4)(C) or (5)'' and inserting ``(4)(B) or 
     (6)'', and
       (ii) by striking ``, (l)(4)(C)(ii), and (l)(5)'' and 
     inserting ``and (l)(6)''.
       (C) Subsection (l) of section 6427 is amended by striking 
     ``Diesel Fuel and Kerosene'' in the heading and inserting 
     ``Diesel Fuel, Kerosene, and Aviation Fuel''.
       (D) Paragraph (1) of section 6427(l) is amended by striking 
     ``paragraph (4)(C)(i)'' and inserting ``paragraph (4)(B)''.
       (E) Paragraph (4) of section 6427(l) is amended--
       (i) by striking ``kerosene used in aviation'' in the 
     heading and inserting ``aviation-grade kerosene used in 
     commercial aviation'', and
       (ii) in subparagraph (A)--

       (I) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (II) by striking ``Kerosene used in commercial aviation'' 
     in the heading and inserting ``In general''.

       (d) Transfers to the Airport and Airway Trust Fund.--
       (1) In general.--Subparagraph (C) of section 9502(b)(1) is 
     amended to read as follows:
       ``(C) section 4081 with respect to aviation gasoline and 
     aviation-grade kerosene, and''.
       (2) Transfers on account of certain refunds.--
       (A) In general.--Subsection (d) of section 9502 is 
     amended--
       (i) by striking ``(other than subsection (l)(4) thereof)'' 
     in paragraph (2), and
       (ii) by striking ``(other than payments made by reason of 
     paragraph (4) of section 6427(l))'' in paragraph (3).
       (B) Conforming amendments.--
       (i) Paragraph (4) of section 9503(b) is amended by striking 
     ``or'' at the end of subparagraph (C), by striking the period 
     at the end of subparagraph (D) and inserting a comma, and by 
     inserting after subparagraph (D) the following new 
     subparagraphs:
       ``(E) section 4081 to the extent attributable to the rate 
     specified in clause (ii) or (iv) of section 4081(a)(2)(A), or
       ``(F) section 4041(c).''.
       (ii) Subsection (c) of section 9503 is amended by striking 
     paragraph (5).
       (iii) Subsection (a) of section 9502 is amended--

       (I) by striking ``appropriated, credited, or paid into'' 
     and inserting ``appropriated or credited to'', and
       (II) by striking ``, section 9503(c)(5),''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to fuels removed, entered, or sold after March 
     31, 2011.
       (f) Floor Stocks Tax.--
       (1) Imposition of tax.--In the case of aviation-grade 
     kerosene fuel which is held on April 1, 2011, by any person, 
     there is hereby imposed a floor stocks tax on aviation-grade 
     kerosene equal to--
       (A) the tax which would have been imposed before such date 
     on such kerosene had the amendments made by this section been 
     in effect at all times before such date, reduced by
       (B) the tax imposed before such date on such kerosene under 
     section 4081 of the Internal Revenue Code of 1986, as in 
     effect on such date.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding aviation-grade 
     kerosene on April 1, 2011, shall be liable for such tax.
       (B) Time and method of payment.--The tax imposed by 
     paragraph (1) shall be paid at such time and in such manner 
     as the Secretary of the Treasury shall prescribe.
       (3) Transfer of floor stock tax revenues to trust funds.--
     For purposes of determining the amount transferred to the 
     Airport and Airway Trust Fund, the tax imposed by this 
     subsection shall be treated as imposed by section 
     4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.
       (4) Definitions.--For purposes of this subsection--
       (A) Aviation-grade kerosene.--The term ``aviation-grade 
     kerosene'' means aviation-grade kerosene as such term is used 
     within the meaning of section 4081 of the Internal Revenue 
     Code of 1986.
       (B) Held by a person.--Aviation-grade kerosene shall be 
     considered as held by a person if title thereto has passed to 
     such person (whether or not delivery to the person has been 
     made).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (5) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to any aviation-grade kerosene 
     held by any person exclusively for any use to the extent a 
     credit or refund of the tax is allowable under the Internal 
     Revenue Code of 1986 for such use.
       (6) Exception for certain amounts of aviation-grade 
     kerosene.--
       (A) In general.--No tax shall be imposed by paragraph (1) 
     on any aviation-grade kerosene held on April 1, 2011, by any 
     person if the aggregate amount of such aviation-grade 
     kerosene held by such person on such date does not exceed 
     2,000 gallons. The preceding sentence shall apply only if 
     such person submits to the Secretary (at the time and in the 
     manner required by the Secretary) such information as the 
     Secretary shall require for purposes of this subparagraph.
       (B) Exempt aviation-grade kerosene.--For purposes of 
     subparagraph (A), there shall not be taken into account any 
     aviation-grade kerosene held by any person which is exempt 
     from the tax imposed by paragraph (1) by reason of paragraph 
     (5).
       (C) Controlled groups.--For purposes of this subsection--
       (i) Corporations.--

       (I) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (II) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of the Internal Revenue Code of 1986; except that for 
     such purposes the phrase ``more than 50 percent'' shall be 
     substituted for the phrase ``at least 80 percent'' each place 
     it appears in such subsection.

       (ii) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of subparagraph (A) shall apply to a group 
     of persons under common control if 1 or more of such persons 
     is not a corporation.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 4081 of the Internal Revenue Code of 1986 
     on the aviation-grade kerosene involved shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply with respect to the floor stock taxes 
     imposed by paragraph (1) to the same extent as if such taxes 
     were imposed by such section.

     SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.

       (a) In General.--Section 9502 is amended by adding at the 
     end the following new subsection:
       ``(f) Establishment of Air Traffic Control System 
     Modernization Account.--
       ``(1) Creation of account.--There is established in the 
     Airport and Airway Trust Fund a separate account to be known 
     as the `Air Traffic Control System Modernization Account' 
     consisting of such amounts as may be transferred or credited 
     to the Air Traffic Control System Modernization Account as 
     provided in this subsection or section 9602(b).
       ``(2) Transfers to air traffic control system modernization 
     account.--On October 1, 2011, and annually thereafter the 
     Secretary shall transfer $400,000,000 to the Air Traffic 
     Control System Modernization Account from amounts 
     appropriated to the Airport and Airway Trust Fund under 
     subsection (b) which are attributable to taxes on aviation-
     grade kerosene.
       ``(3) Expenditures from account.--Amounts in the Air 
     Traffic Control System Modernization Account shall be 
     available subject to appropriation for expenditures relating 
     to the modernization of the air traffic control system 
     (including facility and equipment account expenditures).''.
       (b) Conforming Amendment.--Paragraph (1) of section 9502(d) 
     is amended by striking ``Amounts'' and inserting ``Except as 
     provided in subsection (f), amounts''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP 
                   PROGRAMS.

       (a) Fuel Surtax.--
       (1) In general.--Subchapter B of chapter 31 is amended by 
     adding at the end the following new section:

     ``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A 
                   FRACTIONAL OWNERSHIP PROGRAM.

       ``(a) In General.--There is hereby imposed a tax on any 
     liquid used during any calendar quarter by any person as a 
     fuel in an aircraft which is--
       ``(1) registered in the United States, and
       ``(2) part of a fractional ownership aircraft program.
       ``(b) Amount of Tax.--The rate of tax imposed by subsection 
     (a) is 14.1 cents per gallon.
       ``(c) Fractional Ownership Aircraft Program.--For purposes 
     of this section--
       ``(1) In general.--The term `fractional ownership aircraft 
     program' means a program under which--
       ``(A) a single fractional ownership program manager 
     provides fractional ownership program management services on 
     behalf of the fractional owners,
       ``(B) 2 or more airworthy aircraft are part of the program,
       ``(C) there are 1 or more fractional owners per program 
     aircraft, with at least 1 program aircraft having more than 1 
     owner,
       ``(D) each fractional owner possesses at least a minimum 
     fractional ownership interest in 1 or more program aircraft,
       ``(E) there exists a dry-lease aircraft exchange 
     arrangement among all of the fractional owners, and

[[Page S699]]

       ``(F) there are multi-year program agreements covering the 
     fractional ownership, fractional ownership program management 
     services, and dry-lease aircraft exchange aspects of the 
     program.
       ``(2) Minimum fractional ownership interest.--
       ``(A) In general.--The term `minimum fractional ownership 
     interest' means, with respect to each type of aircraft--
       ``(i) a fractional ownership interest equal to or greater 
     than \1/16\ of at least 1 subsonic, fixed wing or powered 
     lift program aircraft, or
       ``(ii) a fractional ownership interest equal to or greater 
     than \1/32\ of a least 1 rotorcraft program aircraft.
       ``(B) Fractional ownership interest.--The term `fractional 
     ownership interest' means--
       ``(i) the ownership of an interest in a program aircraft,
       ``(ii) the holding of a multi-year leasehold interest in a 
     program aircraft, or
       ``(iii) the holding of a multi-year leasehold interest 
     which is convertible into an ownership interest in a program 
     aircraft.
       ``(3) Dry-lease aircraft exchange.--The term `dry-lease 
     aircraft exchange' means an agreement, documented by the 
     written program agreements, under which the program aircraft 
     are available, on an as needed basis without crew, to each 
     fractional owner.
       ``(d) Termination.--This section shall not apply to liquids 
     used as a fuel in an aircraft after September 30, 2013.''.
       (2) Conforming amendment.--Subsection (e) of section 4082 
     is amended by inserting ``(other than an aircraft described 
     in section 4043(a))'' after ``an aircraft''.
       (3) Transfer of revenues to airport and airway trust 
     fund.--Subsection (1) of section 9502(b) is amended by 
     redesignating subparagraphs (B) and (C) as subparagraphs (C) 
     and (D), respectively, and by inserting after subparagraph 
     (A) the following new subparagraph:
       ``(B) section 4043 (relating to surtax on fuel used in 
     aircraft part of a fractional ownership program),''.
       (4) Clerical amendment.--The table of sections for 
     subchapter B of chapter 31 is amended by adding at the end 
     the following new item:

``Sec. 4043. Surtax on fuel used in aircraft part of a fractional 
              ownership program.''.

       (b) Fractional Ownership Programs Treated as Non-commercial 
     Aviation.--Subsection (b) of section 4083 is amended by 
     adding at the end the following new sentence: ``For uses of 
     aircraft before October 1, 2013, such term shall not include 
     the use of any aircraft which is part of a fractional 
     ownership aircraft program (as defined by section 
     4043(c)).''.
       (c) Exemption From Tax on Transportation of Persons.--
     Section 4261, as amended by this Act, is amended by 
     redesignating subsection (j) as subsection (k) and by 
     inserting after subsection (i) the following new subsection:
       ``(j) Exemption for Aircraft in Fractional Ownership 
     Aircraft Programs.--No tax shall be imposed by this section 
     or section 4271 on any air transportation provided before 
     October 1, 2013, by an aircraft which is part of a fractional 
     ownership aircraft program (as defined by section 
     4043(c)).''.
       (d) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to fuel used after March 31, 2011.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to uses of aircraft after March 31, 2011.
       (3) Subsection (c).--The amendments made by subsection (c) 
     shall apply to taxable transportation provided after March 
     31, 2011.

     SEC. 806. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT ON 
                   NONESTABLISHED LINES.

       (a) In General.--the first sentence of section 4281 is 
     amended by inserting ``or when such aircraft is a turbine 
     engine powered aircraft'' after ``an established line''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable transportation provided after March 
     31, 2011.

     SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

       (a) In General.--Section 7275 (relating to penalty for 
     offenses relating to certain airline tickets and advertising) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d),
       (2) by striking ``subsection (a) or (b)'' in subsection 
     (d), as so redesignated, and inserting ``subsection (a), (b), 
     or (c)'', and
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Non-tax Charges.--
       ``(1) In general.--In the case of transportation by air for 
     which disclosure on the ticket or advertising for such 
     transportation of the amounts paid for passenger taxes is 
     required by subsection (a)(2) or (b)(1)(B), if such amounts 
     are separately disclosed, it shall be unlawful for the 
     disclosure of such amounts to include any amounts not 
     attributable to such taxes.
       ``(2) Inclusion in transportation cost.--Nothing in this 
     subsection shall prohibit the inclusion of amounts not 
     attributable to the taxes imposed by subsection (a), (b), or 
     (c) of section 4261 in the disclosure of the amount paid for 
     transportation as required by subsection (a)(1) or (b)(1)(A), 
     or in a separate disclosure of amounts not attributable to 
     such taxes.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable transportation provided after March 
     31, 2011.

     SEC. 808. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY 
                   MEDICAL AIRCRAFT.

       (a) In General.--Subsection (e) of section 147 is amended 
     by adding at the end the following new sentence: ``The 
     preceding sentence shall not apply to any fixed-wing aircraft 
     equipped for, and exclusively dedicated to providing, acute 
     care emergency medical services (within the meaning of 
     4261(g)(2)).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 809. PROTECTION OF AIRPORT AND AIRWAY TRUST FUND 
                   SOLVENCY.

       (a) In General.--Paragraph (1) of section 9502(d) is 
     amended by adding at the end the following new sentence: 
     ``Unless otherwise provided by this section, for purposes of 
     this paragraph for fiscal year 2012 or 2013, the amount 
     available for making expenditures for such fiscal year shall 
     not exceed 90 percent of the receipts of the Airport and 
     Airway Trust Fund plus interest credited to such Trust Fund 
     for such fiscal year as estimated by the Secretary of the 
     Treasury.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to fiscal years beginning after September 30, 
     2011.
                                 ______
                                 
  SA 76. Mr. CARDIN 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 111, after line 25, add the following:

     SEC. 329. TRANSFER OF AIR TRAFFIC CONTROL AUTHORITY.

       Notwithstanding section 47124 of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall expeditiously assume operational control 
     of air traffic control services at Martin State Airport, 
     located near Baltimore, Maryland.
                                 ______
                                 
  SA 77. 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 233, strike line 21 and all that follows through 
     page 235, line 4, and insert the following:

     SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECHNOLOGY FOR 
                   CIVILIAN AIRCRAFT.

       (a) In General.--From amounts made available under section 
     48102(a) of title 49, United States Code, the Secretary of 
     Transportation shall establish a research program related to 
     developing jet fuel from natural gas, biomass and other 
     renewable sources through grants or other measures authorized 
     under section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Participation in Program.--The Secretary shall--
       (1) include educational and research institutions that have 
     existing facilities and leverage private sector partnerships 
     and consortia with experience across the supply chain, 
     including research, feedstock development and production, 
     small-scale development, testing, and evaluation of 
     technologies related to the creation, processing, production, 
     and transportation of alternative aviation fuel under the 
     program required by subsection (a); and
       (2) consider utilizing the existing capacity in Aeronautics 
     research at Langley Research Center of the National 
     Aeronautics and Space Administration to carry out the program 
     required by subsection (a).
       (c) Designation of Institution as a Center of Excellence.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall designate an institution described in 
     subsection (b) as a Center of Excellence for Alternative Jet-
     Fuel Research in Civil Aircraft. The Center of Excellence 
     shall, upon its designation, become a member of the CLEEN 
     Consortium established under section 602(b), and shall, upon 
     its designation, become part of a Joint Center of Excellence 
     with the Partnership for Air Transportation Noise and 
     Emission Reduction FAA Center of Excellence.
       (d) Implementation of the Recommendations of the Future of 
     Aviation Advisory Committee.--
       (1) National leadership.--The Administrator of the Federal 
     Aviation Administration shall exercise strong national 
     leadership in promoting and supporting United States 
     commercial aviation as a first user of sustainable 
     alternative fuels by--
       (A) taking a lead role within the Biofuels Interagency 
     Working Group; and
       (B) supporting activities to promote the commercialization 
     of alternative aviation

[[Page S700]]

     fuel through deployment of at least 1 commercial-scale 
     production facility.
       (2) Pilot program.--In carrying out the pilot program 
     described in paragraph (1)(B), the Administrator shall--
       (A) coordinate with other Federal agencies to utilize 
     existing Federal support mechanisms, such as loan guarantees 
     (as defined in section 502(3) of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a(3))) and other authorized credit 
     enhancements and supports, to finance 1 or more facilities 
     capable of producing alternative aviation fuel not later than 
     December 31, 2013; and
       (B) give priority to facilities that--
       (i) have, or can have in place not later than 180 days 
     after the date of the enactment of this Act, off-take 
     agreements with commercial air carriers;
       (ii) will produce at least 50,000,000 gallons of 
     alternative aviation fuel annually; and
       (iii) will use agricultural or other renewable sources 
     produced in North America as its primary feedstock.
       (3) Study on fuel specification, testing, and 
     certification.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that--
       (A) identifies any capacity constraints or inefficiencies 
     in existing specification, testing, and certification 
     processes for alternative aviation fuels, including a 
     comparative assessment of such processes across United States 
     Government agencies and international jurisdictions; and
       (B) makes recommendations to accelerate the development of 
     specifications, testing, and certification for alternative 
     aviation fuels derived from a range of production processes.
                                 ______
                                 
  SA 78. 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. __. STUDIES OF NATURAL SOUNDSCAPE PRESERVATION.

       (a) Study of Least Degraded National Park Service Natural 
     Soundscapes.--
       (1) In general.--Within 12 months after the date of 
     enactment of this Act, the Secretary shall conduct a study to 
     identify National Park Service natural soundscape values and 
     resources, as defined by policies 4.9 and 8.2 of the 2006 
     Management Policies of the National Park Service.
       (2) Identification of lease degraded soundscapes.--In 
     conducting the study under paragraph (1), the Secretary shall 
     analyze and identify up to 50 National Park Service natural 
     soundscapes that have been the least degraded by--
       (A) unnatural sounds; and
       (B) undesirable sounds cause by humans.
       (3) Technical assistance.--To the extent that the Secretary 
     has identified aviation or aircraft noise as one of the 
     sources of natural soundscapes degradation, the Administrator 
     shall provide technical assistance to the Secretary in 
     carrying out the study under paragraph (1).
       (b) Preservation of Natural Soundscape Resources.--To the 
     extent that the Secretary has identified aviation or aircraft 
     noise as 1 of the sources of National Park Service natural 
     soundscapes degradation, the Secretary, in coordination with 
     the Administrator, shall identify methods to preserve each of 
     the National Park Service natural soundscapes identified in 
     the study conducted under subsection (a), including the 
     application of NextGen technologies to minimize overflights 
     of these areas.
       (c) Report.--Within 18 months after the date of enactment 
     of this Act, the Secretary and the Administrator shall 
     jointly submit a report to the Senate Committee on Energy and 
     Natural Resources, the Senate Committee on Commerce, Science, 
     and Transportation, the House of Representatives Committee on 
     Energy and Commerce, and the House of Representatives 
     Committee on Transportation and Infrastructure that--
       (1) describes the results of the study conducted under 
     subsection (a) and the methods identified under subsection 
     (b); and
       (2) includes any recommendations that the Secretary and the 
     Administrator determine to be appropriate.
       (d) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 79. Mr. REID of Nevada 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 VII, add the following:

     SEC. 733. STUDY ON ECONOMIC IMPACTS OF CERTAIN PROPOSED 
                   REGULATIONS ON COMMERCIAL AIR TOUR OPERATORS IN 
                   THE GRAND CANYON NATIONAL PARK.

       (a) In General.--The National Academy of Sciences shall 
     conduct a study to determine the economic impacts of the 
     preferred alternative of the National Park Service with 
     respect to changes to commercial air tour operations in the 
     Grand Canyon National Park Special Flight Rules Area as 
     described in the Notice of Availability of the Draft 
     Environmental Impact Statement for the Special Flight Rules 
     Area in the Vicinity of Grand Canyon National Park for Grand 
     Canyon National Park, Arizona (76 Fed. Reg. 6496).
       (b) Elements.--The study required by subsection (a) shall 
     address the impact of the preferred alternative described in 
     that subsection on commercial air tour operators that operate 
     in the Grand Canyon National Park Special Flight Rules Area, 
     including the impact of the preferred alternative on--
       (1) the number of flight operations over the Grand Canyon 
     National Park;
       (2) the total passenger volume of such flight operations;
       (3) the total gross revenue from such flight operations;
       (4) employment related to such flight operations; and
       (5) the earnings of commercial air tour operators and their 
     employees.
       (c) Report Required.--Not later than December 31, 2011, the 
     National Academy of Sciences shall submit to Congress and the 
     Secretary of the Interior a report that contains--
       (1) the findings of the National Academy of Sciences under 
     the study required by subsection (a); and
       (2) recommendations with respect to measures that could be 
     taken to limit the economic impact of the preferred 
     alternative described in subsection (a) on commercial air 
     tour operators that operate in the Grand Canyon National Park 
     Special Flight Rules Area while continuing to provide for the 
     substantial restoration of natural quiet in the Grand Canyon 
     National Park as required by section 3(b) of Public Law 100-
     91 (16 U.S.C. 1a-1 note).
                                 ______
                                 
  SA 80. Mr. COBURN 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 141, between lines 9 and 10, insert the following:

     SEC. 420. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS 
                   THAT ARE 100 OR MORE MILES AWAY FROM THE 
                   NEAREST MEDIUM OR LARGE HUB AIRPORT.

       (a) In General.--Section 41731(a)(1) is amended--
       (1) in subparagraph (A), by redesignating clauses (i) 
     through (iii) as subclauses (I) through (III), respectively;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) in clause (i)(I), as redesignated, by inserting ``(A)'' 
     before ``(i)(I)'';
       (4) in subparagraph (A)(ii), as redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (5) by adding at the end the following:
       ``(B) is located not less than 100 miles from the nearest 
     medium or large hub airport.''.
       (b) Exceptions for Locations in Alaska.--Section 41731 is 
     amended by adding at the end the following:
       ``(c) Exception for Locations in Alaska.--Subsection 
     (a)(1)(B) shall not apply with respect to locations in the 
     State of Alaska.''.
                                 ______
                                 
  SA 81. Mr. COBURN 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 141, between lines 9 and 10, insert the following:

     SEC. 420. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS 
                   THAT AVERAGE 10 OR MORE ENPLANEMENTS PER DAY.

       (a) In General.--Section 41731(a)(1) is amended--
       (1) in subparagraph (A), by redesignating clauses (i) 
     through (iii) as subclauses (I) through (III), respectively;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) in clause (i)(I), as redesignated, by inserting ``(A)'' 
     before ``(i)(I)'';

[[Page S701]]

       (4) in subparagraph (A)(ii), as redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (5) by adding at the end the following:
       ``(B) had an average of 10 enplanements per day or more in 
     the most recent calendar year for which enplanement data is 
     available to the Administrator.''.
       (b) Exceptions for Locations in Alaska.--Section 41731 is 
     amended by adding at the end the following:
       ``(c) Exception for Locations in Alaska.--Subsection 
     (a)(1)(B) shall not apply with respect to locations in the 
     State of Alaska.''.
       (c) Waivers.--Such section is further amended by adding at 
     the end the following:
       ``(d) Waivers.--The Administrator may waive subsection 
     (a)(1)(B) with respect to a location if the Administrator 
     determines that the reason the location averages fewer than 
     10 enplanements per day is not because of inherent issues 
     with the location.''.
                                 ______
                                 
  SA 82. Mr. COBURN 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 416 and insert the following:

     SEC. 416. REPEAL OF SMALL COMMUNITY AIR SERVICE DEVELOPMENT 
                   PROGRAM.

       (a) In General.--Section 41743 is repealed.
       (b) Conforming Amendment.--The table of sections for 
     chapter 417 is amended by striking the item relating to 
     section 41743.
                                 ______
                                 
  SA 83. Mrs. MURRAY (for herself, Ms. Cantwell, Mr. Begich, Mr. 
Durbin, and Mr. Nelson of Florida) 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 256, between lines 19 and 20, insert the following:

     SEC. 614. AEROSPACE WORKFORCE CENTERS OF EXCELLENCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation, 
     in coordination with the Administrator of the National 
     Aeronautics and Space Administration and the heads of other 
     Federal agencies, as appropriate, shall leverage existing 
     resources to establish a program to develop education and 
     career pathways in occupations within existing or emerging 
     sectors in a regional aerospace industry cluster through 
     grants or other measures, including reimbursable agreements 
     with other Federal agencies.
       (b) Participation in Program.--The Secretary shall ensure 
     that participants in the program established under subsection 
     (a) include--
       (1) employers or employer groups in the regional aerospace 
     industry cluster;
       (2) educational and research institutions that have 
     existing facilities and experience in research, development, 
     and commercialization in the aerospace industry;
       (3) institutions of higher education (including community 
     colleges) with experience providing education and training 
     for aerospace industry occupations;
       (4) high schools with demonstrated experience in providing 
     career and technical education and training in occupations 
     related to the aerospace industry;
       (5) a State or local workforce investment board established 
     under section 111 or 117 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2821 and 2832), as appropriate;
       (6) representatives of workers in the regional aerospace 
     industry cluster; and
       (7) other appropriate organizations.
       (c) Competitive Grant Process.--
       (1) In general.--The Secretary shall require applicants to 
     submit an application, at such time and in such a manner as 
     the Secretary may reasonably require.
       (2) Contents.--The application submitted under paragraph 
     (1) shall contain a description of the eligible participants 
     under subsection (b). Applicants shall be required to 
     describe how participants will work together to accomplish 
     the purposes of the program.
       (d) Designation as Centers of Excellence.--
       (1) In general.--The Secretary and the Administrator of the 
     Federal Aviation Administration shall award grants to not 
     fewer than 6 applicants, which shall be designated as 
     Regional Centers of Excellence in Aerospace Career Pathways.
       (2) Considerations.--In making designations under paragraph 
     (1), the Secretary and the Administrator shall--
       (A) consider the existing aerospace industry presence and 
     aerospace-related education, workforce training, and research 
     and development activities in the region;
       (B) take any necessary measures to ensure--
       (i) an equitable geographic distribution of funds; and
       (ii) an appropriate balance in addressing the needs of 
     aerospace industry segments; and
       (C) consider the presence of high unemployment and economic 
     dislocation in public sector, aerospace-related jobs in the 
     designation of at least 1 center.
                                 ______
                                 
  SA 84. Mr. ROCKEFELLER (for himself and Mrs. Hutchison) 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:

     SEC. __. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOTS.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     is amended by adding at the end thereof the following:
       ``(g) Additional Slots.--
       ``(1) Initial increase in exemptions.--Within 90 days after 
     the date of enactment of the FAA Air Transportation 
     Modernization and Safety Improvement Act, the Secretary shall 
     grant, by order, 24 slot exemptions from the application of 
     sections 49104(a)(5), 49109, 49111(e), and 41714 of this 
     title to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and airports located beyond the perimeter described 
     in section 49109 or, as provided in paragraph (2)(B), 
     airports located within that perimeter, and exemptions from 
     the requirements of subparts K and S of part 93, Code of 
     Federal Regulations, if the Secretary finds that the 
     exemptions will--
       ``(A) provide air transportation with domestic network 
     benefits in areas beyond the perimeter described in section 
     49109;
       ``(B) increase competition in multiple markets;
       ``(C) not reduce travel options for communities served by 
     small hub airports and medium hub airports within the 
     perimeter described in section 49109;
       ``(D) not result in meaningfully increased travel delays;
       ``(E) enhance options for nonstop travel to and from the 
     beyond-perimeter airports that will be served as a result of 
     those exemptions;
       ``(F) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions; and
       ``(G) produce public benefits, including the likelihood 
     that the service to airports located beyond the perimeter 
     described in section 49109 will result in lower fares, higher 
     capacity, and a variety of service options.
       ``(2) New entrants and limited incumbents.--
       ``(A) Distribution.--Of the exemptions made available under 
     paragraph (1), the Secretary shall make 8 available to 
     limited incumbent air carriers or new entrant air carriers 
     and 16 available to other incumbent air carriers.
       ``(B) Use.--Only a limited incumbent air carrier or new 
     entrant air carrier may use an additional exemption granted 
     under this subsection to provide service between Ronald 
     Reagan Washington National Airport and an airport located 
     within the perimeter described in section 49109.
       ``(3) Improved network slots.--If an incumbent air carrier 
     (other than a limited incumbent air carrier) that uses a slot 
     for service between Ronald Reagan Washington National Airport 
     and a large hub airport located within the perimeter 
     described in section 49109 is granted an additional exemption 
     under this subsection, it shall, upon receiving the 
     additional exemption, discontinue the use of that slot for 
     such within-perimeter service and operate, in place of such 
     service, service between Ronald Reagan Washington National 
     Airport and an airport located beyond the perimeter described 
     in section 49109.
       ``(4) Conditions.--Beyond-perimeter flight operations 
     carried out by an air carrier using an exemption granted 
     under this subsection shall be subject to the following 
     conditions:
       ``(A) An air carrier may not operate a multi-aisle or 
     widebody aircraft in conducting such operations.
       ``(B) An air carrier granted an exemption under this 
     subsection is prohibited from selling, trading, leasing, or 
     otherwise transferring the rights to its beyond-perimeter 
     exemptions, except through an air carrier merger or 
     acquisition.
       ``(5) Operations deadline.--An air carrier granted a slot 
     exemption under this subsection shall commence operations 
     using that slot within 60 days after the date on which the 
     exemption was granted.
       ``(6) Impact study.--Within 17 months after granting the 
     additional exemptions authorized by paragraph (1) the 
     Secretary shall complete a study of the direct effects of the 
     additional exemptions, including the extent to which the 
     additional exemptions have--
       ``(A) caused congestion problems at the airport;
       ``(B) had a negative effect on the financial condition of 
     the Metropolitan Washington Airports Authority;
       ``(C) affected the environment in the area surrounding the 
     airport; and

[[Page S702]]

       ``(D) resulted in meaningful loss of service to small and 
     medium markets within the perimeter described in section 
     49109.
       ``(7) Additional exemptions.--
       ``(A) Determination.--The Secretary shall determine, on the 
     basis of the study required by paragraph (6), whether--
       ``(i) the additional exemptions authorized by paragraph (1) 
     have had a substantial negative effect on Ronald Reagan 
     Washington National Airport, Washington Dulles International 
     Airport, or Baltimore/Washington Thurgood Marshall 
     International Airport; and
       ``(ii) the granting of additional exemptions under this 
     paragraph may, or may not, reasonably be expected to have a 
     substantial negative effect on any of those airports.
       ``(B) Authority to grant additional exemptions.--Beginning 
     6 months after the date on which the impact study is 
     concluded, the Secretary may grant up to 8 slot exemptions, 
     in addition to those granted under paragraph (1) of this 
     subsection, if the Secretary determines that--
       ``(i) the additional exemptions authorized by paragraph (1) 
     have not had a substantial negative effect on any of those 
     airports; and
       ``(ii) the granting of additional exemptions under this 
     subparagraph may not reasonably be expected to have a 
     negative effect on any of those airports.
       ``(C) New entrants and limited incumbents.--
       ``(i) Distribution.--Of the exemptions made available under 
     subparagraph (B), the Secretary shall make 2 available to 
     limited incumbent air carriers or new entrant air carriers 
     and 6 available to other incumbent air carriers.
       ``(ii) Use.--Only a limited incumbent air carrier or new 
     entrant air carrier may use an additional exemption granted 
     under subparagraph (B) to provide service between Ronald 
     Reagan Washington National Airport and an airport located 
     within the perimeter described in section 49109.
       ``(D) Improved network slots.--If an incumbent air carrier 
     (other than a limited incumbent air carrier) that uses a slot 
     for service between Ronald Reagan Washington National Airport 
     and a large hub airport located within the perimeter 
     described in section 49109 is granted an additional exemption 
     under subparagraph (B), it shall, upon receiving the 
     additional exemption, discontinue the use of that slot for 
     such within-perimeter service and operate, in place of such 
     service, service between Ronald Reagan Washington National 
     Airport and an airport located beyond the perimeter described 
     in section 49109.
       ``(E) Conditions.--Beyond-perimeter flight operations 
     carried out by an air carrier using an exemption granted 
     under subparagraph (B) shall be subject to the following 
     conditions:
       ``(A) An air carrier may not operate a multi-aisle or 
     widebody aircraft in conducting such operations.
       ``(B) An air carrier granted an exemption under this 
     subsection is prohibited from selling, trading, leasing, or 
     otherwise transferring the rights to its beyond-perimeter 
     exemptions, except through an air carrier merger or 
     acquisition.
       ``(F) Additional exemptions not permitted.--The Secretary 
     may not grant exemptions in addition to those authorized by 
     paragraph (1) if the Secretary determines that--
       ``(i) the additional exemptions authorized by paragraph (1) 
     have had a substantial negative effect on any of those 
     airports; or
       ``(ii) the granting of additional exemptions under 
     subparagraph (B) of this paragraph may reasonably be expected 
     to have a substantial negative effect on 1 or more of those 
     airports.
       ``(h) Scheduling Priority.--In administering this section, 
     the Secretary shall afford a scheduling priority to 
     operations conducted by new entrant air carriers and limited 
     incumbent air carriers over operations conducted by other air 
     carriers granted additional slot exemptions under subsection 
     (g) for service to airports located beyond the perimeter 
     described in section 49109.''.
       (b) Hourly Limitation.--Section 41718(c)(2) is amended--
       (1) by striking ``3 operations'' and inserting ``4 
     operations''; and
       (2) by striking ``subsections (a) and (b)'' and inserting 
     ``under this section''.
       (c) Limited Incumbent Definition.--Section 41714(h)(5) is 
     amended--
       (1) by inserting ``not'' after ``shall'' in subparagraph 
     (B);
       (2) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (3) by striking ``Administration.'' in subparagraph (C) and 
     inserting ``Administration; and''; and
       (4) by adding at the end the following:
       ``(D) for purposes of section 41718, an air carrier that 
     holds only slot exemptions''.
       (d) Revenues and Fees at the Metropolitan Washington 
     Airports.--Section 49104(a) is amended by striking paragraph 
     (9) and inserting the following:
       ``(9) Notwithstanding any other provision of law, revenues 
     derived at either of the Metropolitan Washington Airports, 
     regardless of source, may be used for operating and capital 
     expenses (including debt service, depreciation and 
     amortization) at the other airport.''.
                                 ______
                                 
  SA 85. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 58 proposed by Mr. Nelson of Nebraska (for 
himself, Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. 
Whitehouse, and Mr. Tester) 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:


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

  
  On Page S702, February 14, 2011, in the middle column, the 
following appears: SA 85. Mr. NELSON of Nebraska (for himself, Mr. 
Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. Whitehouse, 
and Mr. Tester) submitted an amendment intended to be proposed to 
amendment SA 58 proposed by Mr. NELSON of Nebraska (for himself, 
Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. 
Whitehouse, and Mr. Tester) . . .
  
  The online Record has been corrected to read: SA 85. Mr. NELSON 
of Nebraska submitted an amendment intended to be proposed to 
amendment SA 58 proposed by Mr. NELSON of Nebraska (for himself, 
Mr. Schumer, Mr. Akaka, Mr. Menendez, Mrs. Shaheen, Mr. 
Whitehouse, and Mr. Tester) . . .


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


       Beginning on page 2 of the amendment, strike line 18 and 
     all that follows through page 3, line 21, and insert the 
     following:
       ``(b) Exception.--The prohibition under subsection (a) 
     shall not apply to an individual who, while engaged in or on 
     account of the performance of official duties, distributes, 
     photographs, or otherwise records an image described in 
     subsection (a) during the course of authorized intelligence 
     activities, a Federal, State, or local criminal investigation 
     or prosecution, or other lawful activities by Federal, State, 
     or local authorities, including training for intelligence or 
     law enforcement purposes.
       ``(c) Penalty.--An individual who violates the prohibition 
     in subsection (a) shall be fined under this title, imprisoned 
     for not more than 1 year, or both.
       ``(d) Advanced Imaging Technology Defined.--In this 
     section, the term `advanced imaging technology'--
       ``(1) means a device that creates a visual image of an 
     individual showing the surface of the skin beneath clothing 
     and revealing other objects on the body that are covered by 
     clothing; and
       ``(2) may include devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.''.

                          ____________________