[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[Senate]
[Pages 1163-1167]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 22. Mr. PRYOR 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 143, beginning on line 10, strike ``for'' and all 
     that follows through ``enplanements'' on line 13 and insert 
     ``capped at 20 percent''.
                                 ______
                                 
  SA 23. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 17 submitted by Mr. Toomey and intended to be proposed 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 the amendment, add the following:
       (c) Prioritize Payment of Social Security Benefits.--
     Notwithstanding subsection (b), in the event that the debt of 
     the United States Government, as so defined, reaches the 
     statutory limit, the authority described in subsection (b) 
     and the authority of the Commissioner of Social Security to 
     pay

[[Page 1164]]

     monthly old-age, survivors', and disability insurance 
     benefits under title II of the Social Security Act shall be 
     given equal priority over all other obligations incurred by 
     the Government of the United States.
                                 ______
                                 
  SA 24. Mr. COCHRAN (for himself, Mr. Pryor, and Mr. Wicker) 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, insert the following:

     SEC. ___. AMENDMENT RELATING TO PEST CONTROL EXPLOSIVES.

       (a) Specific Exemption.--Section 845(a) of title 18, United 
     States Code, is amended--
       (1) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(7) pest control pyrotechnics manufactured, imported, 
     used, and stored in accordance with regulations issued by the 
     Attorney General.''.
       (b) Exemption Authority.--Section 845 of title 18, United 
     States Code, is amended by inserting at the end the 
     following:
       ``(d) The Attorney General may exempt from all or a part of 
     the provisions of this chapter explosive materials or 
     explosive devices containing such materials when a 
     determination is made, by regulation, that the explosive 
     materials or explosive devices--
       ``(1) are of a type that does not pose a threat to public 
     safety; and
       ``(2) are unlikely to be used as a weapon.''.
       (c) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 25. 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:

       At the end of title VII, add the following:

     SEC. 7__. SUBSISTENCE USE OF NATURAL RESOURCES.

       (a) Definitions.--Section 1001 of the Oil Pollution Act of 
     1990 (33 U.S.C. 2701) is amended by adding at the end the 
     following:
       ``(45) Barter.--The term `barter' has the meaning given the 
     term in section 100.4 of title 50, Code of Federal 
     Regulations (or a successor regulation).
       ``(46) Subsistence community.--The term `subsistence 
     community' means an Indian tribe or other community in which 
     there exists, as determined by the Secretary, a legitimate 
     system of bartering natural resources taken for subsistence 
     uses.
       ``(47) Subsistence use.--The term `subsistence use' has the 
     meaning given the term in section 100.4 of title 50, Code of 
     Federal Regulations (or a successor regulation).''.
       (b) Subsistence Use.--Section 1002(b)(2) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 
     striking subparagraph (C) and inserting the following:
       ``(C) Subsistence use.--Damages for loss of subsistence use 
     of natural resources, which shall be recoverable by--
       ``(i) any claimant who so uses natural resources that have 
     been injured, destroyed, or lost, without regard to the 
     ownership or management of the resources; or
       ``(ii) any subsistence community the bartering system of 
     which is negatively affected by a discharge of oil.''.
       (c) Gulf Coast Natural Resources.--Section 1006 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2706) is amended by adding 
     at the end the following:
       ``(h) Gulf Coast Natural Resources.--Not later than 30 days 
     after the date of enactment of this subsection, for the 
     purpose of making payments of damages described in section 
     1002(b)(2)(C), the Administrator of the Gulf Coast Claims 
     Facility shall complete an assessment of subsistence 
     communities (including the Vietnamese community) in the Gulf 
     Coast region to determine the quantity and value of natural 
     resources harvested and retained for bartering within each 
     subsistence community.''.
                                 ______
                                 
  SA 26. Mr. NELSON of Florida 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. __. SENSE OF CONGRESS RELATING TO THE PATIENT PROTECTION 
                   AND AFFORDABLE CARE ACT.

       (a) Findings.--Congress finds that--
       (1) on March 23, 2010, President Obama signed the Patient 
     Protection and Affordable Care Act (Public Law 111-148; 124 
     Stat. 119) into law, overhauling the healthcare system of the 
     United States and guaranteeing access to medical insurance 
     for millions of uninsured Americans;
       (2) nearly two dozen lawsuits trying to block all or 
     portions of the Patient Protection and Affordable Care Act 
     have been filed in United States district courts since the 
     date of enactment of that Act;
       (3) the lawsuits are focused largely on the 
     constitutionality of the so-called individual mandate, the 
     requirement that all Americans purchase healthcare coverage 
     or pay a fine, that is included in the Patient Protection and 
     Affordable Care Act;
       (4) the first two United States district court judges to 
     rule on the question, one in Detroit, Michigan, and one in 
     Lynchburg, Virginia, upheld the constitutionality of the 
     individual mandate;
       (5) two other United States district court judges, in 
     Richmond, Virginia, and Pensacola, Florida, found that the 
     individual mandate exceeds the regulatory authority of 
     Congress under the Commerce Clause of the Constitution;
       (6) these conflicting decisions have left the fate of the 
     Patient Protection and Affordable Care Act uncertain;
       (7) the decisions have been appealed to the United States 
     Court of Appeals for the Fourth Circuit, the United States 
     Court of Appeals for the Sixth Circuit, and the United States 
     Court of Appeals for the Eleventh Circuit; and
       (8) on January 19, 2011, the House of Representatives voted 
     245 to 189 to repeal the Patient Protection and Affordable 
     Care Act.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the constitutionality of the Patient Protection and 
     Affordable Care Act (Public Law 111-148; 124 Stat. 119) is of 
     imperative public importance; and
       (2) on petition, the Supreme Court of the United States 
     should grant a writ of certiorari under rule 11 of the Rules 
     of the Supreme Court of the United States regarding the 
     constitutionality of that Act before judgment in the matter 
     is entered in a United States court of appeals.
                                 ______
                                 
  SA 27. 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 96, lines 4 and 5, strike ``at 4 test sites in the 
     National Airspace System by 2012'' and insert ``by 2012 at 10 
     test sites in the National Airspace System, one of which 
     shall include a significant portion of public lands (as 
     defined in section 203 of the Public Lands Corps Act of 1993 
     (16 U.S.C. 1722))''.
                                 ______
                                 
  SA 28. Mr. LEVIN (for himself, Mr. Inouye, Mr. Leahy, Mr. Sanders, 
Mr. Rockefeller, Mrs. Feinstein, and Mrs. Shaheen) proposed an 
amendment 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; as follows:

       On page 335, after line 20, insert the following:

                    TITLE XI--ADDITIONAL PROVISIONS

     SEC. 1101. REPEAL OF EXPANSION OF INFORMATION REPORTING 
                   REQUIREMENTS.

       Section 9006 of the Patient Protection and Affordable Care 
     Act, and the amendments made thereby, are hereby repealed; 
     and the Internal Revenue Code of 1986 shall be applied as if 
     such section, and amendments, had never been enacted.

     SEC. 1102. DENIAL OF DEDUCTION FOR MAJOR INTEGRATED OIL 
                   COMPANIES FOR INCOME ATTRIBUTABLE TO DOMESTIC 
                   PRODUCTION OF OIL, GAS, OR PRIMARY PRODUCTS 
                   THEREOF.

       (a) In General.--Subparagraph (B) of section 199(c)(4) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (ii), by striking the period at 
     the end of clause (iii) and inserting ``, or'', and by 
     inserting after clause (iii) the following new clause:
       ``(iv) in the case of a taxpayer which is a major 
     integrated oil company (as defined in section 167(h)(5)(B)), 
     oil related qualified production activities (within the 
     meaning of subsection (d)(9)(B)).''.
       (b) Conforming Amendment.--Section 199(d)(9)(A) of the 
     Internal Revenue Code of 1986 is amended by inserting 
     ``(other than a major integrated oil company (as defined in 
     section 167(h)(5)(B))'' after ``taxpayer''.

[[Page 1165]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 1103. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
                   APPLICABLE TO DUAL CAPACITY TAXPAYERS.

       (a) In General.--Section 901 of the Internal Revenue Code 
     of 1986 (relating to credit for taxes of foreign countries 
     and of possessions of the United States) is amended by 
     redesignating subsection (n) as subsection (o) and by 
     inserting after subsection (m) the following new subsection:
       ``(n) Special Rules Relating To Dual Capacity Taxpayers.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this chapter, any amount paid or accrued by a dual capacity 
     taxpayer to a foreign country or possession of the United 
     States for any period with respect to combined foreign oil 
     and gas income (as defined in section 907(b)(1)) shall not be 
     considered a tax to the extent such amount exceeds the amount 
     (determined in accordance with regulations) which would have 
     been required to be paid if the taxpayer were not a dual 
     capacity taxpayer.
       ``(2) Dual capacity taxpayer.--For purposes of this 
     subsection, the term `dual capacity taxpayer' means, with 
     respect to any foreign country or possession of the United 
     States, a person who--
       ``(A) is subject to a levy of such country or possession, 
     and
       ``(B) receives (or will receive) directly or indirectly a 
     specific economic benefit (as determined in accordance with 
     regulations) from such country or possession.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxes paid or accrued in taxable years beginning 
     after December 31, 2010.
       (2) Contrary treaty obligations upheld.--The amendments 
     made by this section shall not apply to the extent contrary 
     to any treaty obligation of the United States.

     SEC. 1104. RULES RELATING TO FOREIGN OIL AND GAS INCOME.

       (a) Separate Basket for Foreign Tax Credit.--Paragraph (1) 
     of section 904(d) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting ``, and'', and by adding at the end the following:
       ``(C) combined foreign oil and gas income (as defined in 
     section 907(b)(1)).''
       (b) Coordination.--Section 904(d)(2) of the Internal 
     Revenue Code of 1986 is amended by redesignating 
     subparagraphs (J) and (K) as subparagraphs (K) and (L) and by 
     inserting after subparagraph (I) the following:
       ``(J) Coordination with combined foreign oil and gas 
     income.--For purposes of this section, passive category 
     income and general category income shall not include combined 
     foreign oil and gas income (as defined in section 
     907(b)(1)).''
       (c) Conforming Amendments.--
       (1) Section 907(a) of the Internal Revenue Code of 1986 is 
     hereby repealed.
       (2) Section 907(c)(4) of such Code is hereby repealed.
       (3) Section 907(f) of such Code is hereby repealed.
       (d) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2010.
       (2) Transitional rules.--
       (A) Carryovers.--Any unused foreign oil and gas taxes which 
     under section 907(f) of the Internal Revenue Code of 1986 (as 
     in effect before the amendment made by subsection (c)(3)) 
     would have been allowable as a carryover to the taxpayer's 
     first taxable year beginning after December 31, 2010 (without 
     regard to the limitation of paragraph (2) of such section 
     907(f) for first taxable year) shall be allowed as carryovers 
     under section 904(c) of such Code in the same manner as if 
     such taxes were unused taxes under such section 904(c) with 
     respect to foreign oil and gas extraction income.
       (B) Losses.--The amendment made by subsection (c)(2) shall 
     not apply to foreign oil and gas extraction losses arising in 
     taxable years beginning on or before the date of the 
     enactment of this Act.

     SEC. 1105. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR 
                   RETAINED ANNUITY TRUSTS.

       (a) In General.--Subsection (b) of section 2702 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and by moving 
     such subparagraphs (as so redesignated) 2 ems to the right,
       (2) by striking ``For purposes of'' and inserting the 
     following:
       ``(1) In general.--For purposes of'',
       (3) by striking ``paragraph (1) or (2)'' in paragraph 
     (1)(C) (as so redesignated) and inserting ``subparagraph (A) 
     or (B)'', and
       (4) by adding at the end the following new paragraph:
       ``(2) Additional requirements with respect to grantor 
     retained annuities.--For purposes of subsection (a), in the 
     case of an interest described in paragraph (1)(A) (determined 
     without regard to this paragraph) which is retained by the 
     transferor, such interest shall be treated as described in 
     such paragraph only if--
       ``(A) the right to receive the fixed amounts referred to in 
     such paragraph is for a term of not less than 10 years,
       ``(B) such fixed amounts, when determined on an annual 
     basis, do not decrease relative to any prior year during the 
     first 10 years of the term referred to in subparagraph (A), 
     and
       ``(C) the remainder interest has a value greater than zero 
     determined as of the time of the transfer.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers made after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 29. Mr. NELSON of Nebraska (for himself and Mr. Schumer) 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. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR 
                   DISTRIBUTION OF SECURITY SCREENING IMAGES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by adding at the end the following:

  ``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY 
                            SCREENING IMAGES

``Sec.
``2731. Criminal penalty for unauthorized recording and distribution of 
              security screening images.

     ``Sec. 2731. Criminal penalty for unauthorized recording and 
       distribution of security screening images

       ``(a) In General.--Except as specifically provided in 
     subsection (b), it shall be unlawful for an individual--
       ``(1) to photograph or otherwise record an image produced 
     using advanced imaging technology during the screening of an 
     individual at an airport, or upon entry into any building 
     owned or operated by the Federal Government, without express 
     authorization pursuant to a Federal law or regulation; or
       ``(2) to distribute any such image to any individual who is 
     not authorized pursuant to a Federal law or regulation to 
     receive the image.
       ``(b) Exceptions.--
       ``(1) Recordings to be used in criminal prosecution.--The 
     prohibition under subsection (a) shall not apply to an 
     individual who, during the course and within the scope of the 
     individual's employment, records or distributes an image 
     described in subsection (a) solely to be used in a criminal 
     investigation or prosecution.
       ``(2) Liability of journalists.--The prohibition under 
     subsection (a) shall not apply to a journalist that publishes 
     an image described in that subsection if the journalist has a 
     good faith belief that the image was not recorded or 
     distributed in violation of that prohibition.
       ``(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) Definitions.--In this section:
       ``(1) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(A) means a device that creates a visual image of an 
     individual showing the surface of the skin and revealing 
     other objects on the body; and
       ``(B) may include devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
       ``(2) Journalist.--The term `journalist'--
       ``(A) means a person who--
       ``(i) with the primary intent to investigate events and 
     procure material in order to disseminate to the public news 
     or information concerning local, national, or international 
     events or other matters of public interest, regularly 
     gathers, prepares, collects, photographs, records, writes, 
     edits, reports, or publishes on such matters by--

       ``(I) conducting interviews;
       ``(II) making direct observation of events; or
       ``(III) collecting, reviewing, or analyzing original 
     writings, statements, communications, reports, memoranda, 
     records, transcripts, documents, photographs, recordings, 
     tapes, materials, data, or other information whether in 
     paper, electronic, or other form;

       ``(ii) has such intent at the inception of the process of 
     gathering the news or information sought; and
       ``(iii) obtains the news or information sought in order to 
     disseminate the news or information by means of print 
     (including newspapers, books, wire services, news agencies, 
     or magazines), broadcasting (including dissemination through 
     networks, cable, satellite carriers, broadcast stations, or a 
     channel or programming service for any such media), 
     mechanical, photographic, electronic, or other means;
       ``(B) includes a supervisor, employer, parent company, 
     subsidiary, or affiliate of a person described in 
     subparagraph (A); and
       ``(C) does not include any person who is--

[[Page 1166]]

       ``(i) a foreign power or an agent of a foreign power, as 
     those terms are defined in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
       ``(ii) a member or affiliate of a foreign terrorist 
     organization designated under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a));
       ``(iii) any person whose property and interests in property 
     are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 
     49079; relating to blocking property and prohibiting 
     transacting with persons who commit, threaten to commit, or 
     support terrorism), Executive Order 12947 (60 Fed. Reg. 5079; 
     prohibiting transactions with terrorists who threaten to 
     disrupt the Middle East peace process), or any other 
     executive order relating to terrorism;
       ``(iv) committing or attempting to commit the crime of 
     terrorism, as that offense is defined in section 2331(5) or 
     2332b(g)(5) of title 18, United States Code;
       ``(v) committing or attempting to commit the crime of 
     providing material support or resources, as that term is 
     defined in section 2339A(b)(1) of title 18, United States 
     Code, to a terrorist organization; or
       ``(vi) aiding, abetting, or conspiring in illegal activity 
     with a person described in clause (i), (ii), (iii), (iv), or 
     (v).''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 123 
     the following:

``124. Unauthorized recording and distribution of security screening 
    images..................................................2731''.....

                                 ______
                                 
  SA 30. Mr. BROWN of Ohio (for himself and Ms. Stabenow) 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 335, after line 20, insert the following:

        TITLE XI--EXTENSION OF HEALTH INSURANCE COSTS TAX CREDIT

     SEC. 1101. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

       (a) In General.--Section 35(a) of the Internal Revenue Code 
     of 1986 is amended by striking ``February 13, 2011'' and 
     inserting ``July 1, 2012''.
       (b) Conforming Amendment.--Section 7527(b) of such Code is 
     amended by striking ``February 13, 2011'' and inserting 
     ``July 1, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to coverage months beginning after February 12, 
     2011.

     SEC. 1102. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO 
                   COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT.

       (a) In General.--Section 7527(e) of the Internal Revenue 
     Code of 1986 is amended by striking ``February 13, 2011'' and 
     inserting ``July 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after February 12, 
     2011.

     SEC. 1103. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS 
                   ELIGIBLE FOR CREDIT.

       (a) In General.--Section 35(c)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by striking ``February 13, 
     2011'' and inserting ``July 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after February 12, 
     2011.

     SEC. 1104. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF 
                   DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN 
                   CREDITABLE COVERAGE.

       (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal 
     Revenue Code of 1986 is amended by striking ``February 13, 
     2011'' and inserting ``July 1, 2012''.
       (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1181(c)(2)(C)) is amended by striking ``February 13, 2011'' 
     and inserting ``July 1, 2012''.
       (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public 
     Health Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by 
     striking ``February 13, 2011'' and inserting ``July 1, 
     2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after February 12, 2011.

     SEC. 1105. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER 
                   CERTAIN EVENTS.

       (a) In General.--Section 35(g)(9) of the Internal Revenue 
     Code of 1986 is amended by striking ``February 13, 2011'' and 
     inserting ``July 1, 2012''.
       (b) Conforming Amendment.--Section 173(f)(8) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is 
     amended by striking ``February 13, 2011'' and inserting 
     ``July 1, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after February 12, 2011.

     SEC. 1106. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-
                   ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.

       (a) ERISA Amendments.--
       (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1162(2)(A)(v)) is amended by striking ``February 12, 2011'' 
     and inserting ``June 30, 2012''.
       (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of 
     such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking 
     ``February 12, 2011'' and inserting ``June 30, 2012''.
       (b) IRC Amendments.--
       (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``February 12, 2011'' and inserting ``June 30, 2012''.
       (2) TAA-eligible individuals.--Section 
     4980B(f)(2)(B)(i)(VI) of such Code is amended by striking 
     ``February 12, 2011'' and inserting ``June 30, 2012''.
       (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public 
     Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended 
     by striking ``February 12, 2011'' and inserting ``June 30, 
     2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods of coverage which would (without 
     regard to the amendments made by this section) end on or 
     after February 12, 2011.

     SEC. 1107. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' 
                   BENEFICIARY ASSOCIATIONS.

       (a) In General.--Section 35(e)(1)(K) of the Internal 
     Revenue Code of 1986 is amended by striking ``February 13, 
     2011'' and inserting ``July 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after February 12, 
     2011.

     SEC. 1108. NOTICE REQUIREMENTS.

       (a) In General.--Section 7527(d)(2) of the Internal Revenue 
     Code of 1986 is amended by striking ``February 13, 2011'' and 
     inserting ``July 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to certificates issued after February 12, 2011.

     SEC. 1109. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS 
                   RELATING TO PROPERTY.

       (a) In General.--Section 6331(h)(3) of the Internal Revenue 
     Code of 1986 is amended by striking ``of goods or services'' 
     and all that follows and inserting ``of--
       ``(A) goods or services sold or leased to the Federal 
     Government, or
       ``(B) in the case of levies issued during the 2-year period 
     beginning after the date of the enactment of this 
     subparagraph, property so sold or leased.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to levies issued after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 31. Mr. MORAN 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. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN 
                   EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING 
                   AIRCRAFT PROGRAM.

       (a) Requirement To Consider Unfair Competitive Advantage.--
     In awarding a contract for the KC-X aerial refueling aircraft 
     program (or any successor to that program), the Secretary of 
     Defense shall, in evaluating any offers submitted to the 
     Department of Defense in response to a solicitation for 
     offers for such program, consider any unfair competitive 
     advantage that an offeror may possess.
       (b) Report.--Not later than 60 days after submission of 
     offers in response to any such solicitation, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on any unfair competitive advantage that any offeror 
     may possess.
       (c) Requirement To Take Findings Into Account in Award of 
     Contract.--In awarding a contract for the KC-X aerial 
     refueling aircraft program (or any successor to that 
     program), the Secretary of Defense shall take into account 
     the findings of the report submitted under subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``congressional defense committees'' has the 
     meaning given such term in section 101(a)(16) of title 10, 
     United States Code.
       (2) The term ``unfair competitive advantage'', with respect 
     to an offer for a contract, means a situation in which the 
     cost of development, production, or manufacturing is not 
     fully borne by the offeror for such contract.
                                 ______
                                 
  SA 32. Mr. ENSIGN (for himself, Mr. Conrad, and Mr. Hoeven) submitted 
an amendment intended to be proposed by him to the bill S. 223, to 
modernize the

[[Page 1167]]

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 96, strike line 9 and all that follows 
     through page 97, line 8, and insert the following:
       (3) establishes a process to develop--
       (A) air traffic requirements for all unmanned aerial 
     systems at the test sites; and
       (B) certification and flight standards for nonmilitary 
     unmanned aerial systems at the test sites;
       (4) dedicates funding for unmanned aerial systems research 
     and development relating to--
       (A) air traffic requirements; and
       (B) certification and flight standards for nonmilitary 
     unmanned aerial systems in the National Airspace System;
       (5) encourages leveraging and coordination of such research 
     and development activities with the National Aeronautics and 
     Space Administration and the Department of Defense;
       (6) uniquely addresses the requirements of military and 
     nonmilitary unmanned aerial system operations;
       (7) ensures the unmanned aircraft systems integration plan 
     is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and
       (8) provides for integration into the National Airspace 
     System of safety standards and navigation procedures 
     validated--
       (A) under the pilot project created pursuant to paragraph 
     (1); or
       (B) through other related research and development 
     activities carried out pursuant to paragraph (4).
       (b) Test Site Criteria.--The Administrator shall take into 
     consideration geographical and climate diversity in 
     determining where the test sites to be established under the 
     pilot project required by subsection (a)(1) are to be 
     located.
       (c) Certification and Flight Standards for Military 
     Unmanned Aerial Systems.--The Secretary of Defense shall 
     establish a process to develop certification and flight 
     standards for military unmanned aerial systems at the test 
     sites referred to in subsection (a)(1).
                                 ______
                                 
  SA 33. Mr. COCHRAN (for himself and Mr. Wicker) 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 section 320, add the following:
       (c) Center of Excellence for Unmanned Aerial Systems.--
     Within 6 months of the date of enactment of this Act, the 
     Administrator shall designate an institution or coalition of 
     institutions to assist with integration matters described in 
     subsection (a) as a Center of Excellence for Unmanned Aerial 
     Systems.
                                 ______
                                 
  SA 34. Mr. NELSON of Florida 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 with line 1 on page 236, strike through line 14 
     on page 237.
                                 ______
                                 
  SA 35.  Mr. ENSIGN 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. EXTENDING THE LENGTH OF FLIGHTS FROM RONALD REAGAN 
                   WASHINGTON NATIONAL AIRPORT.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Use of Airport Slots for Beyond Perimeter Flights.--
     Notwithstanding section 49109 or any other provision of law, 
     any air carrier that holds or operates air carrier slots at 
     Ronald Reagan Washington National Airport as of January 1, 
     2011, pursuant to subparts K and S of part 93 of title 14, 
     Code of Federal Regulations, which are being used as of that 
     date for scheduled service between that airport and a large 
     hub airport (as defined in section 40102(a)(29)), may use 
     such slots for service between Ronald Reagan Washington 
     National Airport and any airport located outside of the 
     perimeter restriction described in section 49109.''.

                          ____________________