S.Amdt. 5114Senate109th Congress (2005-2007)

To strike a provision relating to compensation of trustees and filing fees.

Submitted September 29, 2006

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Senate amendment agreed to: Amendment SA 5114 agreed to in Senate by Unanimous Consent.

September 30, 2006

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Senate amendment agreed to: Amendment SA 5114 agreed to in Senate by Unanimous Consent.

September 30, 2006

Floor

Senate amendment proposed (on the floor): Amendment SA 5114 proposed by Senator Frist for Senator Bennett.

September 30, 2006

Floor

Amendment SA 5114 proposed by Senator Frist for Senator Bennett. (consideration: CR S10769; text: CR S10769) To strike a provision relating to compensation of trustees and filing fees.

September 30, 2006

Floor

Amendment SA 5114 agreed to in Senate by Unanimous Consent.

September 30, 2006

Floor

Senate amendment submitted

September 29, 2006

Text

Submitted

TEXT OF AMENDMENTS

SA 5107. Mrs. HUTCHISON (for herself, Mr. Stevens, and Mr. Cornyn)
proposed an amendment to the bill S. 3661, to amend section 29 of the
International Air Transportation Competition Act of 1979 relating to
air transportation to and from Love Field, Texas; as follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wright Amendment Reform Act
of 2006''.

SEC. 2. MODIFICATION OF PROVISIONS REGARDING FLIGHTS TO AND
FROM LOVE FIELD, TEXAS.

(a) Expanded Service.--Section 29(c) of the International
Air Transportation Competition Act of 1979 (Public Law 96-
192; 94 Stat. 35) is amended by striking ``carrier, if (1)''
and all that follows and inserting the following: ``carrier.
Air carriers and, with regard to foreign air transportation,
foreign air carriers, may offer for sale and provide through
service and ticketing to or from Love Field, Texas, and any
United States or foreign destination through any point within
Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana,
Mississippi, Missouri, or Alabama.''.
(b) Repeal.--Section 29 of the International Air
Transportation Competition Act of 1979 (94 Stat. 35), as
amended by subsection (a), is repealed on the date that is 8
years after the date of enactment of this Act.

SEC. 3. TREATMENT OF INTERNATIONAL NONSTOP FLIGHTS TO AND
FROM LOVE FIELD, TEXAS.

No person shall provide, or offer to provide, air
transportation of passengers for compensation or hire between
Love Field, Texas, and any point or points outside the 50
States or the District of Columbia on a nonstop basis, and no
official or employee of the Federal Government may take any
action to make or designate Love Field as an initial point of
entry into the United States or a last point of departure
from the United States.

SEC. 4. CHARTER FLIGHTS AT LOVE FIELD, TEXAS.

(a) In General.--Charter flights (as defined in section
212.2 of title 14, Code of Federal Regulations) at Love
Field, Texas, shall be limited to--
(1) destinations within the 50 States and the District of
Columbia; and
(2) no more than 10 per month per air carrier for charter
flights beyond the States of Texas, New Mexico, Oklahoma,
Kansas, Arkansas, Louisiana, Mississippi, Missouri, and
Alabama.
(b) Carriers Who Lease Gates.--All flights operated to or
from Love Field by air carriers that lease terminal gate
space at Love Field shall depart from and arrive at one of
those leased gates; except for--
(1) flights operated by an agency of the Federal Government
or by an air carrier under contract with an agency of the
Federal Government; and
(2) irregular operations.
(c) Carriers Who Do Not Lease Gates.--Charter flights from
Love Field, Texas, operated by air carriers that do not lease
terminal space at Love Field may operate from nonterminal
facilities or one of the terminal gates at Love Field.

SEC. 5. LOVE FIELD GATES.

(a) In General.--The city of Dallas, Texas, shall reduce as
soon as practicable, the number of gates available for
passenger air service at Love Field to no more than 20 gates.
Thereafter, the number of gates available for such service
shall not exceed a maximum of 20 gates. The city of Dallas,
pursuant to its

[[Page S10760]]

authority to operate and regulate the airport as granted
under chapter 22 of the Texas Transportation Code and this
Act, shall determine the allocation of leased gates and
manage Love Field in accordance with contractual rights and
obligations existing as of the effective date of this Act for
certificated air carriers providing scheduled passenger
service at Love Field on July 11, 2006. To accommodate new
entrant air carriers, the city of Dallas shall honor the
scarce resource provision of the existing Love Field leases.
(b) Removal of Gates at Love Field.--No Federal funds or
passenger facility charges may be used to remove gates at the
Lemmon Avenue facility, Love Field, in reducing the number of
gates as required under this Act, but Federal funds or
passenger facility charges may be used for other airport
facilities under chapter 471 of title 49, United States Code.
(c) General Aviation.--Nothing in this Act shall affect
general aviation service at Love Field, including flights to
or from Love Field by general aviation aircraft for air taxi
service, private or sport flying, aerial photography, crop
dusting, corporate aviation, medical evacuation, flight
training, police or fire fighting, and similar general
aviation purposes, or by aircraft operated by any agency of
the Federal Government or by any air carrier under contract
to any agency of the Federal Government.
(d) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Transportation and the Administrator of
the Federal Aviation Administration may not make findings or
determinations, issue orders or rules, withhold airport
improvement grants or approvals thereof, deny passenger
facility charge applications, or take any other actions,
either self-initiated or on behalf of third parties--
(A) that are inconsistent with the contract dated July 11,
2006, entered into by the city of Dallas, the city of Fort
Worth, the DFW International Airport Board, and others
regarding the resolution of the Wright Amendment issues,
unless actions by the parties to the contract are not
reasonably necessary to implement such contract; or
(B) that challenge the legality of any provision of such
contract.
(2) Compliance with title 49 requirements.--A contract
described in paragraph (1)(A) of this subsection, and any
actions taken by the parties to such contract that are
reasonably necessary to implement its provisions, shall be
deemed to comply in all respects with the parties'
obligations under title 49, United States Code.
(e) Limitation on Statutory Construction.--
(1) In general.--Nothing in this Act shall be construed--
(A) to limit the obligations of the parties under the
programs of the Department of Transportation and the Federal
Aviation Administration relating to aviation safety, labor,
environmental, national historic preservation, civil rights,
small business concerns (including disadvantaged business
enterprise), veteran's preference, disability access, and
revenue diversion;
(B) to limit the authority of the Department of
Transportation or the Federal Aviation Administration to
enforce the obligations of the parties under the programs
described in subparagraph (A);
(C) to limit the obligations of the parties under the
security programs of the Department of Homeland Security,
including the Transportation Security Administration, at Love
Field, Texas;
(D) to authorize the parties to offer marketing incentives
that are in violation of Federal law, rules, orders,
agreements, and other requirements; or
(E) to limit the authority of the Federal Aviation
Administration or any other Federal agency to enforce
requirements of law and grant assurances (including
subsections (a)(1), (a)(4), and (s) of section 47107 of title
49, United States Code) that impose obligations on Love Field
to make its facilities available on a reasonable and
nondiscriminatory basis to air carriers seeking to use such
facilities, or to withhold grants or deny applications to
applicants violating such obligations with respect to Love
Field.
(2) Facilities.--Paragraph (1)(E)--
(A) shall only apply with respect to facilities that remain
at Love Field after the city of Dallas has reduced the number
of gates at Love Field as required by subsection (a); and
(B) shall not be construed to require the city of Dallas,
Texas--
(i) to construct additional gates beyond the 20 gates
referred to in subsection (a); or
(ii) to modify or eliminate preferential gate leases with
air carriers in order to allocate gate capacity to new
entrants or to create common use gates, unless such
modification or elimination is implemented on a nationwide
basis.

SEC. 6. APPLICABILITY.

The provisions of this Act shall apply to actions taken
with respect to Love Field, Texas, or air transportation to
or from Love Field, Texas, and shall have no application to
any other airport (other than an airport owned or operated by
the city of Dallas or the city of Fort Worth, or both).

SEC. 7. EFFECTIVE DATE.

Sections 1 through 6, including the amendments made by such
sections, shall take effect on the date that the
Administrator of the Federal Aviation Administration notifies
Congress that aviation operations in the airspace serving
Love Field and the Dallas-Fort Worth area which are likely to
be conducted after enactment of this Act can be accommodated
in full compliance with Federal Aviation Administration
safety standards in accordance with section 40101 of title
49, United States Code, and, based on current expectations,
without adverse effect on use of airspace in such area.
______

SA 5108. Mrs. HUTCHISON (for Mr. Domenici) proposed an amendment to
the bill S. 1131, to authorize the exchange of certain Federal land
within the State of Idaho, and for other purposes; as follows:

On page 15, between lines 22 and 23, insert the following:
(3) Term of approval.--The term of approval of the
appraisals by the interdepartmental review team is extended
to September 13, 2008.
______

SA 5109. Mrs. HUTCHISON (for Mr. Domenici (for himself and Mr.
Bingaman)) proposed an amendment to the bill S. 1830, to amend the
Compact of Free Association Amendments Act of 2003, and for other
purposes; as follows:

On page 7, between lines 1 and 2, insert the following:
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free Association'' and inserting
``Compact of Free Association, as amended'';
On page 7, line 2, strike ``(i)'' and insert ``(ii)''.
On page 7, line 11, strike ``(ii)'' and insert ``(iii)''.
On page 8, line 1, strike ``(iii)'' and insert ``(iv)''.
On page 10, between lines 17 and 18, insert the following:
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free Association'' and inserting
``Compact of Free Association, as amended'';
On page 10, line 18, strike ``(i)'' and insert ``(ii)''.
On page 11, line 9, strike ``(ii)'' and insert ``(iii)''.
On page 12, strike line 21 and insert the following:
``inserting `, as amended.' after `the Compact';''.
On page 13, strike line 2 and insert the following: ``and
inserting `Telecommunication Union'; and''.
On page 13, after line 25, add the following:

SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.

In the U.S.-RMI Compact, the U.S.-FSM Compact, and their
respective trust fund subsidiary agreements, for the purposes
of taxation by the United States or its subsidiary
jurisdictions, the term ``State'' means ``State, territory,
or the District of Columbia''.
______

SA 5110. Mrs. HUTCHISON (for Mr. Domenici) proposed an amendment to
the bill S. 1913, to authorize the Secretary of the Interior to lease a
portion of the Dorothy Buell Memorial Visitor Center for use as a
visitor center for the Indiana Dunes National Lakeshore, and for other
purposes; as follows:

Strike the item in the table of contents relating to
section 207.
Strike section 207.
______

SA 5111. Mrs. HUTCHISON (for Mr. Domenici) proposed an amendment to
the bill H.R. 409, to provide for the exchange of land within the
Sierra National Forest, California, and for other purposes; as follows:

Strike section 4 and insert the following:

SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.

In accordance with the agreement entered into by the Forest
Service, the Council, and the owner of Project No. 67
entitled the ``Agreement to Convey Grant of Easement and
Right of First Refusal'' and executed on April 17, 2006--
(1) the Secretary shall grant an easement to the owner of
Project No. 67; and
(2) the Council shall grant a right of first refusal to the
owner of Project No. 67.
______

SA 5112. Mrs. HUTCHISON (for Mr. Domenici) proposed an amendment to
the bill H.R. 409, to provide for the exchange of land within the
Sierra National Forest, California, and for other purposes; as follows:

At the end, add the following:

SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST
BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT,
TRANSPORTATION FUELS, AND OTHER COMMERCIAL
PURPOSES.

Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C.
15855(d)) is amended by striking ``$50,000,000 for each of
the fiscal years 2006 through 2016'' and inserting
``$50,000,000 for fiscal year 2006 and $35,000,000 for each
of fiscal years 2007 through 2016''.
______

SA 5113. Mrs. HUTCHISON (for Mr. Domenici) proposed an amendment to
the bill H.R. 3085, to amend the National Trails System Act to update
the feasibility and suitability study originally prepared for the Trail
of Tears National Historic Trail and provide for the inclusion of new
trail segments, land components, and campgrounds associated with that
trail, and for other purposes; as follows:

[[Page S10761]]

On page 3, strike lines 1 through 3 and insert the
following:
``(iv) The related campgrounds located along the routes and
land components described in clauses (i) through (iii).
``(D) No additional funds are authorized to be appropriated
to carry out subparagraph (C). The Secretary may accept
donations for the Trail from private, nonprofit, or tribal
organizations.''.

______

SA 5114. Mr. FRIST (for Mr. Bennett) proposed an amendment to the
bill H.R. 5585 to improve the neeting process for financial contracts,
and for other purposes.

Strike section 7 (relating to compensation of chapter 7
trustees; chapter 7 filing fees).
In section 8 (relating to scope of application), strike the
section heading and all that follows through ``the amendments
made'' and insert the following:

``SEC. 7. SCOPE OF APPLICATION.

``The amendments made''.
______

SA 5115. Mr. FRIST (for Mrs. Feinstein (for herself, Mr. Inhofe, Mr.
Thune, Mr. Isakson, Mr. DeMint, Mr. Coburn, Mr. DeWine, Mr. Santorum,
Mr. Hatch, Mr. Cornyn, and Mr. Brownback)) proposed an amendment to the
bill S. 3880, to provide the Department of Justice the necessary
authority to apprehend, prosecute, and convict individuals committing
animal enterprise terror; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may he cited as the ``Animal Enterprise Terrorism
Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES
AND THREATS OF DEATH AND SERIOUS BODILY INJURY
TO ASSOCIATED PERSONS.

(a) In General.--Section 43 of title 18, United States
Code, is amended to read as follows:

``Sec. 43. Force, violence, and threats involving animal
enterprises

``(a) Offense.--Whoever travels in interstate or foreign
commerce, or uses or causes to be used the mail or any
facility of interstate or foreign commerce--
``(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages or causes the loss of any real
or personal property (including animals or records) used by
an animal enterprise, or any real or personal property of a
person or entity having a connection to, relationship with,
or transactions with an animal enterprise;
``(B) intentionally places a person in reasonable fear of
the death of, or serious bodily injury to that person, a
member of the immediate family (as defined in section 115) of
that person, or a spouse or intimate partner of that person
by a course of conduct involving threats, acts of vandalism,
property damage, criminal trespass, harassment, or
intimidation; or
``(C) conspires or attempts to do so; shall be punished as
provided for in subsection (b).
``(b) Penalties.--The punishment for a violation of section
(a) or an attempt or conspiracy to violate subsection (a)
shall be--
``(1) a fine under this title or imprisonment not more than
1 year, or both, if the offense does not instill in another
the reasonable fear of serious bodily injury or death and--
``(A) the offense results in no economic damage or bodily
injury; or
``(B) the offense results in economic damage that does not
exceed $10,000;
``(2) a fine under this title or imprisonment for not more
than 5 years, or both, if no bodily injury occurs and--
``(A) the offense results in economic damage exceeding
$10,000 but not exceeding $100,000; or
``(B) the offense instills in another the reasonable fear
of serious bodily injury or death;
``(3) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the offense results in economic damage exceeding
$100,000; or
``(B) the offense results in substantial bodily injury to
another individual;
``(4) a fine under this title or imprisonment for not more
than 20 years, or both, if--
``(A) the offense results in serious bodily injury to
another individual; or
``(B) the offense results in economic damage exceeding
$1,000,000; and
``(5) imprisonment for life or for any terms of years, a
fine under this title, or both, if the offense results in
death of another individual.
``(c) Restitution.--An order of restitution under section
3663 or 3663A of this title with respect to a violation of
this section may also include restitution--
``(1) for the reasonable cost of repeating any
experimentation that was interrupted or invalidated as a
result of the offense;
``(2) for the loss of food production or farm income
reasonably attributable to the offense; and
``(3) for any other economic damage, including any losses
or costs caused by economic disruption, resulting from the
offense.
``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses or
sells animals or animal products for profit, food or fiber
production, agriculture, education, research, or testing;
``(B) a zoo, aquarium, animal shelter, pet store, breeder,
furrier, circus, or rodeo, or other lawful competitive animal
event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of
conduct composed of 2 or more acts, evidencing a continuity
of purpose;
``(3) the term `economic damage'--
``(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an interrupted or
invalidated experiment, the loss of profits, or increased
costs, including losses and increased costs resulting from
threats, acts or vandalism, property damage, trespass,
harassment, or intimidation taken against a person or entity
on account of that person's or entity's connection to,
relationship with, or transactions with the animal
enterprise; but
``(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
``(4) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty; and
``(5) the term `substantial bodily injury' means--
``(A) deep cuts and serious burns or abrasion;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn members of the
body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function of a
bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.
``(e) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to prohibit any expressive conduct (including
peaceful picketing or other peaceful demonstration) protected
from legal prohibition by the First Amendment to the
Constitution;
``(2) to create new remedies for interference with
activities protected by the free speech or free exercise
clauses of the First Amendment to the Constitution,
regardless of the point of view expressed, or to limit any
existing legal remedies for such interference; or
``(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this
action, or to preempt State or local laws that may provide
such penalties or remedies.''.
(b) Clerical Amendment.--The item relating to section 43 in
the table of sections at the beginning of chapter 3 of title
18, United States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal enterprises.''.
______

SA 5116. Mr. FRIST (for Ms. Murkowski) proposed an amendment to the
bill S. 1409, to amend the Safe Drinking Water Act Amendments of 1996
to modify the grant program to improve sanitation in rural and Native
villages in the State of Alaska; as follows:

On page 3, strike line 7 and insert the following:
``(f) Reporting.--Not later than December 31, 2007 (with
respect to fiscal year 2007), and annually thereafter (with
respect to each subsequent fiscal year), the State of Alaska
shall submit to

On page 3, strike line 14 and insert the following:
``(g) Review.--
``(1) In general.--The Administrator of the

On page 3, lines 15 through 17, strike ``recommend to the
State of Alaska means by which the State of Alaska can
address'' and insert ``require the State of Alaska to
correct''.

On page 3, strike line 18 and insert the following:

section (f).
``(2) Failure to correct or reach agreement.--
``(A) In general.--If a deficiency in a project included in
a report under subsection (f) is not corrected within a
period of time agreed to by the Administrator and the State
of Alaska, the Administrator shall not permit additional
expenditures for that project.
``(B) Time agreement.--
``(i) In general.--Not later than 180 days after the date
of submission to the Administrator of a report under
subsection (f), the Administrator and the State of Alaska
shall reach an agreement on a period of time referred to in
subparagraph (A).
``(ii) Failure to reach agreement.--If the State of Alaska
and the Administrator fail to reach an agreement on the
period of time to correct a deficiency in a project included
in a report under subsection (f) by the deadline specified in
clause (i), the Administrator shall not permit additional
expenditures for that project.''; and

On page 3, line 24, strike ``2010'' and insert ``2009''.

[[Page S10762]]

______

SA 5117. Mr. FRIST (for Mr. Craig) proposed an amendment to the bill
S. 3938, to reauthorize the Export-Import Bank of the United States; as
follows:

On page 14 lines 8 and 9, strike ``the International Trade
Commission,''.
______

SA 5118. Mr. FRIST (for Mr. Inhofe (for himself and Mr. Jeffords))
proposed an amendment to the bill S. 3879, to implement the Convention
on Supplementary Compensation for Nuclear Damage, and for other
purposes; as follows:

On page 13, line 2, insert ``and every 5 years thereafter''
after ``Act''.
______

SA 5119. Mr. FRIST (for Mr. McCain) proposed an amendment to the bill
S. 3526, to amend the Indian Land Consolidation Act to modify certain
requirements under that Act; as follows:

On page 2, strike lines 18 through 20 and insert the
following:
``(B) includes, for purposes of intestate succession only
under section 207(a) and only with respect to any decedent
who dies after July 20,
Beginning on page 3, strike line 12 and all that follows
through page 4, line 9, and insert the following:
``(v) Effect of subparagraph.--Nothing in this subparagraph
limits the right of any person to devise any trust or
restricted interest pursuant to a valid will in accordance
with subsection (b).'';
On page 6, line 21, strike ``that'' and insert ``who''.
______

SA 5120. Mr. FRIST (for Mr. Inhofe) proposed an amendment to the bill
S. 3867, to designate the United States courthouse located at 555
Independence Street, Cape Girardeau, Missouri, as the `Rush H.
Limbaugh, Sr. United States Courthouse' ''; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. RUSH H. LIMBAUGH, SR. UNITED STATES COURTHOUSE.

(a) Designation.--The United States courthouse located at
555 Independence Street, Cape Girardeau, Missouri, shall be
known and designated as the ``Rush H. Limbaugh, Sr. United
States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in subsection (a) shall
be deemed to be a reference to the ``Rush H. Limbaugh, Sr.
United States Courthouse''.

______

SA 5121. Mr. FRIST (for Mr. Inhofe) proposed an amendment to the bill
S. 3867, to designate the United States courthouse located at 555
Independence Street, Cape Girardeau, Missouri, as the `Rush H.
Limbaugh, Sr. United States Courthouse' ''; as follows:

Amend the title so as to read: ``To designate the United
States courthouse located at 555 Independence Street, Cape
Girardeau, Missouri, as the `Rush H. Limbaugh, Sr. United
States Courthouse'.''.

____________________