S.Amdt. 5114Senate109th Congress (2005-2007)
To strike a provision relating to compensation of trustees and filing fees.
Sponsored by
Sen. Robert F. Bennett (R-UT)
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
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Senate amendment proposed (on the floor): Amendment SA 5114 proposed by Senator Frist for Senator Bennett.
September 30, 2006
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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
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Amendment SA 5114 agreed to in Senate by Unanimous Consent.
September 30, 2006
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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29 of the International Air Transportation Competition Act of 1979 (94 Stat. 35), as amended by subsection (a), is repealed on the date that is 8 years after the date of enactment of this Act.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'.''. ____________________