The amendments
August 5th 2010 16:57
Below is the verbiage of all the approved the amendments to HR 1586 which is supposed to be an Air Transportation Bill. When you look at the events of the day the amendments submitted by Mr. Reid, Mr. Harkin. Mr. Schumer were all considered and passed. Mr. DeMint tried to bring two issues to the floor, both rejected. So who is playing partisan politics? To me it is important to look at the calendar of the Senate day to find the truth – no bias of a pundit just the record of what happened during the course of the Senate’s day.
Here is the snapshot of the days events
XML U.S. Senate Roll Call Votes 111th Congress - 2nd Session (2010)
Vote Date Issue Question Result Description
00227
05-Aug H.R. 1586
On the Motion Rejected DeMint Motion to Suspend Rule XXII Regarding Motion to Refer the House Message on H.R. 1586 to Committee on Finance (Income Tax Rates on Small Business); Aviation Safety and Investment Act of 2010
00226
05-Aug H.R. 1586
On the Motion Rejected DeMint Motion to Suspend Rule XXII Regarding Motion to Refer the House Message on H.R. 1586 to Committee on Finance (Individual Income Tax Rates); Aviation Safety and Investment Act of 2010
00225
04-Aug H.R. 1586
On the Motion S.Amdt. 4575
Agreed to Motion to Waive All Applicable Budgetary Discipline RE: Motion to Concur in the House Amendment to the Senate Amendment to H.R. 1586 with Amendment No. 4575.; In the nature of a substitute.
00224
04-Aug H.R. 1586
On the Cloture Motion Agreed to Motion to Invoke Cloture on the Motion to Concur in the House Amendment to the Senate Amendment to H.R. 1586 with Amendment No. 4575.; Aviation Safety and Investment Act of 2010
00223
02-Aug H.R. 1586
On the Motion to Table S.Amdt. 4567
Agreed to Motion to Table the Motion to Concur in the House Amendment to the Senate Amendment to H.R. 1586, with Amendment 4567; In the
The amendments
SA 4573. Mr. REED submitted an amendment intended to be proposed to amendment SA 4567 proposed by Mr. Reid (for Mrs. Murray (for herself, Mr. Harkin, Mr. Reid, and Mr. Schumer)) to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for 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, add the following:
TITLE V--ECONOMIC DEVELOPMENT ASSISTANCE
SEC. 501. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS.
In chapter 2 of title I of the Act entitled ``An Act making supplemental appropriations for the fiscal year ending September 30, 2010, and for other purposes'', strike the matter under the heading ``ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS'' under the heading ``Economic Development Administration'' under the heading ``DEPARTMENT OF COMMERCE'' and insert the following:
``Pursuant to section 703 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3233), for an additional amount for `` `Economic Development Assistance Programs' '', for necessary expenses relating to disaster relief, long-term recovery, and restoration of infrastructure in areas affected by flooding for which the President declared a major disaster during the period beginning on March 29, 2010, and ending on May 7, 2010, which included individual assistance for an entire State or not fewer than 45 counties within a State under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.), $49,000,000, to remain available until expended: Provided, That not more than 50 percent of the amount provided under this heading shall be allocated to any State.''.
SA 4574. Mr. REED submitted an amendment intended to be proposed to amendment SA 4567 proposed by Mr. REID (for Mrs. MURRAY (for herself, Mr. HARKIN, Mr. REID, and Mr. SCHUMER)) to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability and availability of transportation by air in the United States, provide for 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 38, after line 24, insert the following:
Subtitle C--Community Development Funds
SEC. 221. COMMUNITY DEVELOPMENT FUNDS.
Chapter 11 of title I of the Supplemental Appropriations Act, 2010, is amended by striking the heading ``Community Development Fund'' and all the matter that follows through the ninth proviso under such heading and inserting the following:
``COMMUNITY DEVELOPMENT FUND
``For an additional amount for the `Community Development Fund', for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas affected by flooding for which the President declared a major disaster between March 29, 2010, and May 7, 2010, which included Individual Assistance for an entire State or not fewer than 45 counties within a State under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $100,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93-383): Provided, That funds shall be awarded directly to the State or unit of general local government at the discretion of the Secretary: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure: Provided further, That funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program: Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not adversely affect the amount of any formula assistance received by a State or subdivision thereof under the Community Development Fund: Provided further, That a State or subdivision thereof may use up to 5 percent of its allocation for administrative costs: Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a State or subdivision thereof explaining why such waiver is required to facilitate the use of such funds or guarantees, if the Secretary finds that such waiver would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That the Secretary shall obligate to a State or subdivision thereof not less than 50 percent of the funding provided under this heading within 90 days after the enactment of this Act: Provided further, That not more than 50 percent of the funding provided under this heading shall be allocated to any State (including units of general local government).''.
SA 4575. Mr. REID (for Mrs. MURRAY (for herself, Mr. HARKIN, Mr. REID, and Mr. SCHUMER)) proposed an amendment to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the following:
SHORT TITLE
Section 1. This Act may be cited as the ``__XXXX Act of __XX''.
TITLE I
EDUCATION JOBS FUND
EDUCATION JOBS FUNDS
Sec. 101. There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for an Education Jobs Fund, $10,000,000,000: Provided, That the amount under this heading shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) except as follows:
(1) ALLOCATION OF FUNDS.--
(A) Funds appropriated under this heading shall be available only for allocation by the Secretary of Education (in this heading referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of Public Law 111-5 and subparagraph (B) of this paragraph, except that the amount reserved under such subsection (b) shall not exceed $1,000,000 and such subsection (f) shall be applied by substituting one year for two years.
(B) Prior to allocating funds to States under section 14001(d) of division A of Public Law 111-5, the Secretary shall allocate 0.5 percent to the Secretary of the Interior for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools' respective needs for activities consistent with this heading under such terms and conditions as the Secretary of the Interior may determine.
(2) RESERVATION.--A State that receives an allocation of funds appropriated under this heading may reserve not more than 2 percent for the administrative costs of carrying out its responsibilities with respect to those funds.
(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES.--
(A) Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2010-2011 school year (or, in the case of reallocations made under section 14001(f) of division A of Public Law 111-5, for the 2010-2011 or the 2011-2012 school year).
(B) Funds used to support elementary and secondary education shall be distributed through a State's primary elementary and secondary funding formulae or based on local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available.
(C) Subsections (a) and (b) of section 14002 of division A of Public Law 111-5 shall not apply to funds appropriated under this heading.
(4) COMPLIANCE WITH EDUCATION REFORM ASSURANCES.--For purposes of awarding funds appropriated under this heading, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of Public Law 111-5.
(5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDUCATION JOBS.--Notwithstanding section 14003(a) of division A of Public Law 111-5, funds awarded to local educational agencies under paragraph (3)--
(A) may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and
(B) may not be used for general administrative expenses or for other support services expenditures as those terms were defined by the National Center for Education Statistics in its Common Core of Data as of the date of enactment of this Act.
(6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR DEBT RETIREMENT.--A State that receives an allocation may not use such funds, directly or indirectly, to--
(A) establish, restore, or supplement a rainy-day fund;
(B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund;
[Page: S6588] GPO's PDF
(C) reduce or retire debt obligations incurred by the State; or
(D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State.
(7) DEADLINE FOR AWARD.--The Secretary shall award funds appropriated under this heading not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this heading. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law.
(8) ALTERNATE DISTRIBUTION OF FUNDS.--If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111-5) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this heading shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, unless the Secretary has determined (on the basis of such information as may be available) that the requirements of clauses (i), (ii), or (iii) of paragraph 10(A) are likely to be met, notwithstanding the lack of an application from the Governor of that State.
(9) LOCAL EDUCATIONAL AGENCY APPLICATION.--Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111-5. The assurances provided under that application shall continue to apply to funds awarded under this heading.
(10) MAINTENANCE OF EFFORT.--
(A) Except as provided in paragraph (8), the Secretary shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that--
(i) for State fiscal year 2011, the State will maintain State support for elementary and secondary education (in the aggregate or on the basis of expenditures per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2009;
(ii) for State fiscal year 2011, the State will maintain State support for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2010; or
(iii) in the case of a State in which State tax collections for calendar year 2009 were less than State tax collections for calendar year 2006, for State fiscal year 2011 the State will maintain State support for elementary and secondary education (in the aggregate) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students)--
(I) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2006; or
(II) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2006.
(B) Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111-5 shall not apply to funds appropriated under this heading.
(11) ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS.--The following requirements shall apply to the State of Texas:
(A) Notwithstanding paragraph (3)(B), funds used to support elementary and secondary education shall be distributed based on local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year which data are available. Funds distributed pursuant to this paragraph shall be used to supplement and not supplant State formula funding that is distributed on a similar basis to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(B) The Secretary shall not allocate funds to the State of Texas under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2011, 2012, and 2013 maintain State support for elementary and secondary education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2011 prior to the enactment of this Act.
(C) Notwithstanding paragraph (8), no distribution shall be made to the State of Texas or local education agencies therein unless the Governor of Texas makes an assurance to the Secretary that the requirements in paragraphs (11)(A) and (11)(B) will be met, notwithstanding the lack of an application from the Governor of Texas.
TITLE II--STATE FISCAL RELIEF AND OTHER PROVISIONS; REVENUE OFFSETS
Subtitle A--State Fiscal Relief and Other Provisions
EXTENSION OF ARRA INCREASE IN FMAP
Sec. 201.
Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended--
(1) in subsection (a)(3), by striking ``first calendar quarter'' and inserting ``first 3 calendar quarters'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) PHASE-DOWN OF GENERAL INCREASE.--
``(A) SECOND QUARTER OF FISCAL YEAR 2011.--For each State, for the second quarter of fiscal year 2011, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 3.2 percentage points.
``(B) THIRD QUARTER OF FISCAL YEAR 2011.--For each State, for the third quarter of fiscal year 2011, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 1.2 percentage points.'';
(3) in subsection (c)--
(A) in paragraph (2)(B), by striking ``July 1, 2010'' and inserting ``January 1, 2011'';
(B) in paragraph (3)(B)(i), by striking ``July 1, 2010'' and inserting ``January 1, 2011'' each place it appears; and
(C) in paragraph (4)(C)(ii), by striking ``the 3-consecutive-month period beginning with January 2010'' and inserting ``any 3-consecutive-month period that begins after December 2009 and ends before January 2011'';
(4) in subsection (e), by adding at the end the following:
``Notwithstanding paragraph (5), effective for payments made on or after January 1, 2010, the increases in the FMAP for a State under this section shall apply to payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to nonpregnant childless adults made eligible under a State plan under such title (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) who would have been eligible for child health assistance or other health benefits under eligibility standards in effect as of December 31, 2009, of a waiver of the State child health plan under the title XXI of such Act.'';
(5) in subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2011'' and inserting ``March 31, 2012'';
(B) in paragraph (2), by inserting ``of such Act'' after ``1923''; and
(C) by adding at the end the following:
``(3) CERTIFICATION BY CHIEF EXECUTIVE OFFICER.--No additional Federal funds shall be paid to a State as a result of this section with respect to a calendar quarter occurring during the period beginning on January 1, 2011, and ending on June 30, 2011, unless, not later than 45 days after the date of enactment of this paragraph, the chief executive officer of the State certifies that the State will request and use such additional Federal funds.''; and
(6) in subsection (h)(3), by striking ``December 31, 2010'' and inserting ``June 30, 2011''.
TREATMENT OF CERTAIN DRUGS FOR COMPUTATION OF MEDICAID AMP
Sec. 202.
Effective as if included in the enactmentŠof Public Law 111-148, section 1927(k)(1)(B)(i)(IV) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)(IV)), as amended by section 2503(a)(2)(B) of Public Law 111-148 and section 1101(c)(2) of Public Law 111-152, is amended by adding at the end the following: ``, unless the drug is an inhalation, infusion, instilled, implanted, or injectable drug that is not generally dispensed through a retail community pharmacy; and''.
SUNSET OF TEMPORARY INCREASE IN BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 203.
Section 101(a) of title I of division A of Public Law 111-5 (123 Stat. 120), as amended by section 4262 of this Act, is amended by striking paragraph (2) and inserting the following:
``(2) TERMINATION.--The authority provided by this subsection shall terminate after March 31, 2014.''.
Subtitle B--Revenue Offsets
RULES TO PREVENT SPLITTING FOREIGN TAX CREDITS FROM THE INCOME TO WHICH THEY RELATE
Sec. 211.
(a) In General.--Subpart A of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
``SEC. 909. SUSPENSION OF TAXES AND CREDITS UNTIL RELATED INCOME TAKEN INTO ACCOUNT.
``(a) In General.--If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by the taxpayer, such tax shall not be taken into account for purposes of this title before the taxable year in which the related income is taken into account under this chapter by the taxpayer.
``(b) Special Rules With Respect to Section 902 Corporations
References
Really Long Link
http://thomas.loc.gov/cgi-bin/bdquery/z?d111
P04575:
Here is the snapshot of the days events
XML U.S. Senate Roll Call Votes 111th Congress - 2nd Session (2010)
00227
05-Aug H.R. 1586
On the Motion Rejected DeMint Motion to Suspend Rule XXII Regarding Motion to Refer the House Message on H.R. 1586 to Committee on Finance (Income Tax Rates on Small Business); Aviation Safety and Investment Act of 2010
00226
05-Aug H.R. 1586
On the Motion Rejected DeMint Motion to Suspend Rule XXII Regarding Motion to Refer the House Message on H.R. 1586 to Committee on Finance (Individual Income Tax Rates); Aviation Safety and Investment Act of 2010
00225
04-Aug H.R. 1586
On the Motion S.Amdt. 4575
Agreed to Motion to Waive All Applicable Budgetary Discipline RE: Motion to Concur in the House Amendment to the Senate Amendment to H.R. 1586 with Amendment No. 4575.; In the nature of a substitute.
00224
04-Aug H.R. 1586
On the Cloture Motion Agreed to Motion to Invoke Cloture on the Motion to Concur in the House Amendment to the Senate Amendment to H.R. 1586 with Amendment No. 4575.; Aviation Safety and Investment Act of 2010
00223
02-Aug H.R. 1586
On the Motion to Table S.Amdt. 4567
The amendments
SA 4573. Mr. REED submitted an amendment intended to be proposed to amendment SA 4567 proposed by Mr. Reid (for Mrs. Murray (for herself, Mr. Harkin, Mr. Reid, and Mr. Schumer)) to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for 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, add the following:
TITLE V--ECONOMIC DEVELOPMENT ASSISTANCE
SEC. 501. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS.
In chapter 2 of title I of the Act entitled ``An Act making supplemental appropriations for the fiscal year ending September 30, 2010, and for other purposes'', strike the matter under the heading ``ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS'' under the heading ``Economic Development Administration'' under the heading ``DEPARTMENT OF COMMERCE'' and insert the following:
``Pursuant to section 703 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3233), for an additional amount for `` `Economic Development Assistance Programs' '', for necessary expenses relating to disaster relief, long-term recovery, and restoration of infrastructure in areas affected by flooding for which the President declared a major disaster during the period beginning on March 29, 2010, and ending on May 7, 2010, which included individual assistance for an entire State or not fewer than 45 counties within a State under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.), $49,000,000, to remain available until expended: Provided, That not more than 50 percent of the amount provided under this heading shall be allocated to any State.''.
SA 4574. Mr. REED submitted an amendment intended to be proposed to amendment SA 4567 proposed by Mr. REID (for Mrs. MURRAY (for herself, Mr. HARKIN, Mr. REID, and Mr. SCHUMER)) to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability and availability of transportation by air in the United States, provide for 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 38, after line 24, insert the following:
Subtitle C--Community Development Funds
SEC. 221. COMMUNITY DEVELOPMENT FUNDS.
Chapter 11 of title I of the Supplemental Appropriations Act, 2010, is amended by striking the heading ``Community Development Fund'' and all the matter that follows through the ninth proviso under such heading and inserting the following:
``COMMUNITY DEVELOPMENT FUND
``For an additional amount for the `Community Development Fund', for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas affected by flooding for which the President declared a major disaster between March 29, 2010, and May 7, 2010, which included Individual Assistance for an entire State or not fewer than 45 counties within a State under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $100,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93-383): Provided, That funds shall be awarded directly to the State or unit of general local government at the discretion of the Secretary: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure: Provided further, That funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program: Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not adversely affect the amount of any formula assistance received by a State or subdivision thereof under the Community Development Fund: Provided further, That a State or subdivision thereof may use up to 5 percent of its allocation for administrative costs: Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a State or subdivision thereof explaining why such waiver is required to facilitate the use of such funds or guarantees, if the Secretary finds that such waiver would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That the Secretary shall obligate to a State or subdivision thereof not less than 50 percent of the funding provided under this heading within 90 days after the enactment of this Act: Provided further, That not more than 50 percent of the funding provided under this heading shall be allocated to any State (including units of general local government).''.
SA 4575. Mr. REID (for Mrs. MURRAY (for herself, Mr. HARKIN, Mr. REID, and Mr. SCHUMER)) proposed an amendment to the bill H.R. 1586, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the following:
SHORT TITLE
Section 1. This Act may be cited as the ``__XXXX Act of __XX''.
TITLE I
EDUCATION JOBS FUND
EDUCATION JOBS FUNDS
Sec. 101. There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for an Education Jobs Fund, $10,000,000,000: Provided, That the amount under this heading shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) except as follows:
(1) ALLOCATION OF FUNDS.--
(A) Funds appropriated under this heading shall be available only for allocation by the Secretary of Education (in this heading referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of Public Law 111-5 and subparagraph (B) of this paragraph, except that the amount reserved under such subsection (b) shall not exceed $1,000,000 and such subsection (f) shall be applied by substituting one year for two years.
(B) Prior to allocating funds to States under section 14001(d) of division A of Public Law 111-5, the Secretary shall allocate 0.5 percent to the Secretary of the Interior for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools' respective needs for activities consistent with this heading under such terms and conditions as the Secretary of the Interior may determine.
(2) RESERVATION.--A State that receives an allocation of funds appropriated under this heading may reserve not more than 2 percent for the administrative costs of carrying out its responsibilities with respect to those funds.
(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES.--
(A) Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2010-2011 school year (or, in the case of reallocations made under section 14001(f) of division A of Public Law 111-5, for the 2010-2011 or the 2011-2012 school year).
(B) Funds used to support elementary and secondary education shall be distributed through a State's primary elementary and secondary funding formulae or based on local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available.
(C) Subsections (a) and (b) of section 14002 of division A of Public Law 111-5 shall not apply to funds appropriated under this heading.
(4) COMPLIANCE WITH EDUCATION REFORM ASSURANCES.--For purposes of awarding funds appropriated under this heading, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of Public Law 111-5.
(5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDUCATION JOBS.--Notwithstanding section 14003(a) of division A of Public Law 111-5, funds awarded to local educational agencies under paragraph (3)--
(A) may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and
(B) may not be used for general administrative expenses or for other support services expenditures as those terms were defined by the National Center for Education Statistics in its Common Core of Data as of the date of enactment of this Act.
(6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR DEBT RETIREMENT.--A State that receives an allocation may not use such funds, directly or indirectly, to--
(A) establish, restore, or supplement a rainy-day fund;
(B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund;
[Page: S6588] GPO's PDF
(C) reduce or retire debt obligations incurred by the State; or
(D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State.
(7) DEADLINE FOR AWARD.--The Secretary shall award funds appropriated under this heading not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this heading. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law.
(8) ALTERNATE DISTRIBUTION OF FUNDS.--If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111-5) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this heading shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, unless the Secretary has determined (on the basis of such information as may be available) that the requirements of clauses (i), (ii), or (iii) of paragraph 10(A) are likely to be met, notwithstanding the lack of an application from the Governor of that State.
(9) LOCAL EDUCATIONAL AGENCY APPLICATION.--Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111-5. The assurances provided under that application shall continue to apply to funds awarded under this heading.
(10) MAINTENANCE OF EFFORT.--
(A) Except as provided in paragraph (8), the Secretary shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that--
(i) for State fiscal year 2011, the State will maintain State support for elementary and secondary education (in the aggregate or on the basis of expenditures per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2009;
(ii) for State fiscal year 2011, the State will maintain State support for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2010; or
(iii) in the case of a State in which State tax collections for calendar year 2009 were less than State tax collections for calendar year 2006, for State fiscal year 2011 the State will maintain State support for elementary and secondary education (in the aggregate) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students)--
(I) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2006; or
(II) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for each of the two categories, respectively, for State fiscal year 2006.
(B) Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111-5 shall not apply to funds appropriated under this heading.
(11) ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS.--The following requirements shall apply to the State of Texas:
(A) Notwithstanding paragraph (3)(B), funds used to support elementary and secondary education shall be distributed based on local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year which data are available. Funds distributed pursuant to this paragraph shall be used to supplement and not supplant State formula funding that is distributed on a similar basis to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(B) The Secretary shall not allocate funds to the State of Texas under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2011, 2012, and 2013 maintain State support for elementary and secondary education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2011 prior to the enactment of this Act.
(C) Notwithstanding paragraph (8), no distribution shall be made to the State of Texas or local education agencies therein unless the Governor of Texas makes an assurance to the Secretary that the requirements in paragraphs (11)(A) and (11)(B) will be met, notwithstanding the lack of an application from the Governor of Texas.
TITLE II--STATE FISCAL RELIEF AND OTHER PROVISIONS; REVENUE OFFSETS
Subtitle A--State Fiscal Relief and Other Provisions
EXTENSION OF ARRA INCREASE IN FMAP
Sec. 201.
Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended--
(1) in subsection (a)(3), by striking ``first calendar quarter'' and inserting ``first 3 calendar quarters'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) PHASE-DOWN OF GENERAL INCREASE.--
``(A) SECOND QUARTER OF FISCAL YEAR 2011.--For each State, for the second quarter of fiscal year 2011, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 3.2 percentage points.
``(B) THIRD QUARTER OF FISCAL YEAR 2011.--For each State, for the third quarter of fiscal year 2011, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 1.2 percentage points.'';
(3) in subsection (c)--
(A) in paragraph (2)(B), by striking ``July 1, 2010'' and inserting ``January 1, 2011'';
(B) in paragraph (3)(B)(i), by striking ``July 1, 2010'' and inserting ``January 1, 2011'' each place it appears; and
(C) in paragraph (4)(C)(ii), by striking ``the 3-consecutive-month period beginning with January 2010'' and inserting ``any 3-consecutive-month period that begins after December 2009 and ends before January 2011'';
(4) in subsection (e), by adding at the end the following:
``Notwithstanding paragraph (5), effective for payments made on or after January 1, 2010, the increases in the FMAP for a State under this section shall apply to payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to nonpregnant childless adults made eligible under a State plan under such title (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) who would have been eligible for child health assistance or other health benefits under eligibility standards in effect as of December 31, 2009, of a waiver of the State child health plan under the title XXI of such Act.'';
(5) in subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2011'' and inserting ``March 31, 2012'';
(B) in paragraph (2), by inserting ``of such Act'' after ``1923''; and
(C) by adding at the end the following:
``(3) CERTIFICATION BY CHIEF EXECUTIVE OFFICER.--No additional Federal funds shall be paid to a State as a result of this section with respect to a calendar quarter occurring during the period beginning on January 1, 2011, and ending on June 30, 2011, unless, not later than 45 days after the date of enactment of this paragraph, the chief executive officer of the State certifies that the State will request and use such additional Federal funds.''; and
(6) in subsection (h)(3), by striking ``December 31, 2010'' and inserting ``June 30, 2011''.
TREATMENT OF CERTAIN DRUGS FOR COMPUTATION OF MEDICAID AMP
Sec. 202.
Effective as if included in the enactmentŠof Public Law 111-148, section 1927(k)(1)(B)(i)(IV) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)(IV)), as amended by section 2503(a)(2)(B) of Public Law 111-148 and section 1101(c)(2) of Public Law 111-152, is amended by adding at the end the following: ``, unless the drug is an inhalation, infusion, instilled, implanted, or injectable drug that is not generally dispensed through a retail community pharmacy; and''.
SUNSET OF TEMPORARY INCREASE IN BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 203.
Section 101(a) of title I of division A of Public Law 111-5 (123 Stat. 120), as amended by section 4262 of this Act, is amended by striking paragraph (2) and inserting the following:
``(2) TERMINATION.--The authority provided by this subsection shall terminate after March 31, 2014.''.
Subtitle B--Revenue Offsets
RULES TO PREVENT SPLITTING FOREIGN TAX CREDITS FROM THE INCOME TO WHICH THEY RELATE
Sec. 211.
(a) In General.--Subpart A of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
``SEC. 909. SUSPENSION OF TAXES AND CREDITS UNTIL RELATED INCOME TAKEN INTO ACCOUNT.
``(a) In General.--If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by the taxpayer, such tax shall not be taken into account for purposes of this title before the taxable year in which the related income is taken into account under this chapter by the taxpayer.
``(b) Special Rules With Respect to Section 902 Corporations
References
Really Long Link
http://thomas.loc.gov/cgi-bin/bdquery/z?d111
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