To limit essential air service to locations that are 100 or more miles away from the nearest medium or large hub airport.

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'.''.

____________________