In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 4915 · Referred in Senate

   Struck: SECTION 1. SHORT TITLE.

   Struck: This Act may be cited as the "Federal Aviation Administration Extension Act of 2010".

   Struck: SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

   Struck: (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking "March 31, 2010" and inserting "July 3, 2010".

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   Struck: (b) Ticket Taxes.--

   Struck: (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking "March 31, 2010" and inserting "July 3, 2010".

   Struck: (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking "March 31, 2010" and inserting "July 3, 2010".

   Struck: (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010.

   Struck: SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

   Struck: (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended--

   Struck: (1) by striking "April 1, 2010" and inserting "July 4, 2010"; and

   Struck: (2) by inserting "or the Federal Aviation Administration Extension Act of 2010" before the semicolon at the end of subparagraph (A).

   Struck: (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking "April 1, 2010" and inserting "July 4, 2010".

   Struck: (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010.

   Struck: SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

   Struck: (a) Authorization of Appropriations.--

   Struck: (1) In general.--Section 48103(7) of title 49, United States Code, is amended to read as follows:

   Struck: "(7) $3,024,657,534 for the period beginning on October 1, 2009, and ending on July 3, 2010.".

   Struck: (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended.

   Struck: (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2009, and ending on July 3, 2010, the Administrator of the Federal Aviation Administration shall--

   Struck: (A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and

   Struck: (B) then reduce by 11 percent--

   Struck: (i) all funding apportionments calculated under subparagraph (A); and

   Struck: (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title.

   Struck: (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking "March 31, 2010," and inserting "July 3, 2010,".

   Struck: SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

   Struck: (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking "April 1, 2010." and inserting "July 4, 2010.".

   Struck: (b) Section 44302(f)(1) of such title is amended--

   Struck: (1) by striking "March 31, 2010," and inserting "July 3, 2010,"; and

   Struck: (2) by striking "June 30, 2010," and inserting "September 30, 2010,".

   Struck: (c) Section 44303(b) of such title is amended by striking "June 30, 2010," and inserting "September 30, 2010,".

   Struck: (d) Section 47107(s)(3) of such title is amended by striking "April 1, 2010." and inserting "July 4, 2010.".

   Struck: (e) Section 47115(j) of such title is amended by striking "April 1, 2010," and inserting "July 4, 2010,".

   Struck: (f) Section 47141(f) of such title is amended by striking "March 31, 2010." and inserting "July 3, 2010.".

   Struck: (g) Section 49108 of such title is amended by striking "March 31, 2010," and inserting "July 3, 2010,".

   Struck: (h) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking "April 1, 2010," and inserting "July 4, 2010,".

   Struck: (i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking "April 1, 2010," and inserting "July 4, 2010,".

   Struck: (j) The amendments made by this section shall take effect on April 1, 2010.

   Struck: SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

   Struck: Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows:

   Struck: "(F) $7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.".

   Struck: SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

   Struck: Section 48101(a)(6) of title 49, United States Code, is amended to read as follows:

   Struck: "(6) $2,220,252,132 for the period beginning on October 1, 2009, and ending on July 3, 2010.".

   Struck: SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

   Struck: Section 48102(a)(14) of title 49, United States Code, is amended to read as follows:

   Struck: "(14) $144,049,315 for the period beginning on October 1, 2009, and ending on July 3, 2010.".

   Struck: SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED SURFACE TRANSPORTATION PROGRAMS.

   Struck: (a) Short Title.--This section may be cited as the "Surface Transportation Extension Modification Act of 2010".

   Struck: (b) Modification of Allocation Rules.--Section 411(d) of the Surface Transportation Extension Act of 2010 is amended--

   Struck: (1) in paragraph (1)--

   Struck: (A) in the matter preceding subparagraph (A)--

   Struck: (i) by striking "1301, 1302,"; and

   Struck: (ii) by striking "1198, 1204,"; and

   Struck: (B) in subparagraph (A)--

   Struck: (i) in the matter preceding clause (i) by striking "apportioned under sections 104(b) and 144 of title 23, United States Code," and inserting "specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),"; and

   Struck: (ii) in clause (ii) by striking "apportioned under such sections of such Code" and inserting "specified in such section 105(a)(2) (except the high priority projects program)";

   Struck: (2) in paragraph (2)--

   Struck: (A) in the matter preceding subparagraph (A)--

   Struck: (i) by striking "1301, 1302,"; and

   Struck: (ii) by striking "1198, 1204,"; and

   Struck: (B) in subparagraph (A)--

   Struck: (i) in the matter preceding clause (i) by striking "apportioned under sections 104(b) and 144 of title 23, United States Code," and inserting "specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program),"; and

   Struck: (ii) in clause (ii) by striking "apportioned under such sections of such Code" and inserting "specified in such section 105(a)(2) (except the high priority projects program)"; and

   Struck: (3) by adding at the end the following:

   Struck: "(5) Projects of national and regional significance and national corridor infrastructure improvement programs.--

   Struck: "(A) Redistribution among states.--Notwithstanding sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat. 1202 and 1205), the Secretary shall apportion funds authorized to be appropriated under subsection (b) for the projects of national and regional significance program and the national corridor infrastructure improvement program among all States such that each State's share of the funds so apportioned is equal to the State's share for fiscal year 2009 of funds apportioned or allocated for the programs specified in section 105(a)(2) of title 23, United States Code.

   Struck: "(B) Distribution among programs.--Funds apportioned to a State pursuant to subparagraph (A) shall be--

   Struck: "(i) made available to the State for the programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that--

   Struck: "(I) the amount apportioned to the State for that program for fiscal year 2009; bears to "(II) the amount apportioned to the State for fiscal year 2009 for all such programs; and

   Struck: "(ii) administered in the same manner and with the same period of availability as funding is administered under programs identified in clause (i).".

   Struck: (c) Expenditure Authority From Highway Trust Fund.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986, as amended by the Surface Transportation Extension Act of 2010, is amended by striking "in effect on the date of the enactment of such Act)" and inserting "in effect on the later of the date of the enactment of such Act or the date of the enactment of the Surface Transportation Extension Modification Act of 2010)".

   Struck: (d) Effective Date.--The amendments made by this section shall take effect upon the enactment of the Surface Transportation Extension Act of 2010 and shall be treated as being included in that Act at the time of the enactment of that Act.

   Struck: Passed the House of Representatives March 24, 2010.

   Inserted: SECTION 1. DEFINITION OF ELIGIBLE PLAN YEAR.

   Inserted: (a) Amendment to ERISA.--Clause (v) of section 303(c)(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)(2)(D)), as added by section 201(a)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended--

   Inserted: (1) by striking "on or after the date of the enactment of this subparagraph" and inserting "on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)", and

   Inserted: (2) by adding at the end the following new sentence: "For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)--

   Inserted: "(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law,

   Inserted: "(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 of the Internal Revenue Code of 1986 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year),

   Inserted: "(C) there are no outstanding liens in favor of the plan under subsection (k), and

   Inserted: "(D) the plan sponsor has not initiated a distress termination of the plan under section 4041.".

   Inserted: (b) Amendment to Internal Revenue Code of 1986.--Clause (v) of section 430(c)(2)(D) of the Internal Revenue Code of 1986, as added by section 201(b)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended--

   Inserted: (1) by striking "on or after the date of the enactment of this subparagraph" and inserting "on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)", and

   Inserted: (2) by adding at the end the following new sentence: "For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)--

   Inserted: "(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law,

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   Inserted: "(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year),

   Inserted: "(C) there are no outstanding liens in favor of the plan under subsection (k), and

   Inserted: "(D) the plan sponsor has not initiated a distress termination of the plan under section 4041 of the Employee Retirement Income Security Act of 1974.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendments relate.

   Inserted: SEC. 2. ELIGIBLE CHARITY PLANS.

   Inserted: (a) Definition of Eligible Charity Plans.--

   Inserted: (1) In general.--Section 104(d) of the Pension Protection Act of 2006, as added by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended to read as follows:

   Inserted: "(d) Eligible Charity Plan Defined.--For purposes of this section, a plan shall be treated as an eligible charity plan for a plan year if--

   Inserted: "(1) the plan is maintained by one or more employers employing employees who are accruing benefits based on service for the plan year,

   Inserted: "(2) such employees are employed in at least 20 States,

   Inserted: "(3) more than 98 percent of such employees are employed by an employer described in section 501(c)(3) of such Code and the primary exempt purpose of each such employer is to provide services with respect to children, and

   Inserted: "(4) the plan sponsor elects (at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury) to be so treated.

   Inserted: Any election under this subsection may be revoked only with the consent of the Secretary of the Treasury.".

   Inserted: (2) Effective date.--The amendment made by this subsection shall take effect as if included in the amendment made by the provision of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendment relates (determined after application of the amendment made by subsection (c)), except that a plan sponsor may elect to apply such amendment to plan years beginning on or after January 1, 2011.

   Inserted: (b) Regulations.--The Secretary of the Treasury may prescribe such regulations as may be necessary to carry out the purposes of the amendments made by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 and the amendment made by subsection (a).

   Inserted: (c) Application of New Rules to Eligible Charity Plans.--

   Inserted: (1) In general.--Paragraph (2) of section 202(c) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 is amended to read as follows:

   Inserted: "(2) Eligible charity plans.--The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2010, except that a plan sponsor may elect to apply such amendments to plan years beginning after an earlier date.".

   Inserted: (2) Effective date.--The amendment made by this subsection shall take effect as if included in the amendment made by the provision of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendment relates.

   Inserted: SEC. 3. SUSPENSION OF CERTAIN FUNDING LEVEL LIMITATIONS.

   Inserted: (a) Limitations on Benefit Accruals.--Section 203 of the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458; 122 Stat. 5118) is amended--

   Inserted: (1) by striking "the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009" and inserting "any plan year beginning during the period beginning on October 1, 2008, and ending on December 31, 2011";

   Inserted: (2) by striking "substituting" and all that follows through "for such plan year" and inserting "substituting for such percentage the plan's adjusted funding target attainment percentage for the last plan year ending before September 30, 2009,"; and

   Inserted: (3) by striking "for the preceding plan year is greater" and inserting "for such last plan year is greater".

   Inserted: (b) Social Security Level-income Options.--

   Inserted: (1) ERISA amendment.--Section 206(g)(3)(E) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new sentence: "For purposes of applying clause (i) in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 204(b)(1)(G)).".

   Inserted: (2) IRC amendment.--Section 436(d)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: "For purposes of applying subparagraph (A) in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 411(a)(9)).".

   Inserted: (3) Effective date.--

   Inserted: (A) In general.--The amendments made by this subsection shall apply to annuity payments the annuity starting date for which occurs on or after January 1, 2011.

   Inserted: (B) Permitted application.--A plan shall not be treated as failing to meet the requirements of sections 206(g) of the Employee Retirement Income Security Act of 1974 (as amended by this subsection) and section 436(d) of the Internal Revenue Code of 1986 (as so amended) if the plan sponsor elects to apply the amendments made by this subsection to payments the annuity starting date for which occurs before January 1, 2011.

   Inserted: (c) Repeal of Related Provisions.--The provisions of, and the amendments made by, section 203 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 are repealed and the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458; 122 Stat. 5118) shall be applied as if such section had never been enacted.

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

   Inserted: (a) Amendment to ERISA.--Paragraph (8) of section 304(b) of the Employee Retirement Income Security Act of 1974, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by striking "after August 31, 2008" each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), and inserting "on or after June 30, 2008".

   Inserted: (b) Amendment to Internal Revenue Code of 1986.--Paragraph (8) of section 431(b) of the Internal Revenue Code of 1986, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by striking "after August 31, 2008" each place it appears in subparagraphs (A)(i) and (B)(i)(I) and inserting "on or after June 30, 2008".

   Inserted: (c) Effective Date and Special Rules.--The amendments made by this section shall take effect as of the first day of the first plan year beginning on or after June 30, 2008, except that any election a plan sponsor makes pursuant to this section or the amendments made thereby that affects the plan's funding standard account for any plan year beginning before October 1, 2009, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to that plan year.

   Original wording

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As printed