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[Senate Report 109-317]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-317
_______________________________________________________________________

                                     

                                                       Calendar No. 563

            AIR TRANSPORTATION TO AND FROM LOVE FIELD, TEXAS

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3661

DATE deg.August 1, 2006.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             second session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
                 Christine Kurth, Deputy Staff Director
                    Kenneth Nahigian, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel

                                                       Calendar No. 563
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-317

======================================================================

 
            AIR TRANSPORTATION TO AND FROM LOVE FIELD, TEXAS

                                _______
                                

                 August 1, 2006.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3661]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
3661) TITLE deg. to amend section 29 of the 
International Air Transportation Competition Act of 1979 
relating to air transportation to and from Love Field, Texas, 
having considered the same, reports favorably thereon 
without amendment deg. with amendments deg. 
with an amendment (in the nature of a substitute) and 
recommends that the bill joint resolution deg. (as 
amended) do pass.

                          Purpose of the Bill

  The purpose of this legislation, as reported, is to modify 
the provisions regarding flights to and from Love Field, in 
Dallas, Texas.

                          Background and Needs

  In 1967, Southwest Airlines became an incorporated intrastate 
air carrier. Soon after, in 1968, the Cities of Dallas and Fort 
Worth (Cities) agreed to construct the Dallas-Fort Worth 
Regional Airport (DFW) and adopted a Regional Airport 
Concurrent Bond Ordinance. That ordinance required that the 
Cities phase-out the use of Love Field, Redbird, GSIA and 
Meacham Field, by Certificated Air Carrier Services and 
transfer air carrier operations to the Regional Airport.
  In 1970, the eight carriers 1A \1\ then serving the Dallas-
Fort Worth area signed an agreement to serve DFW. Southwest 
Airlines (Southwest) had not yet begun operations and did not 
sign the agreement. In 1971, Southwest began service as an 
exclusively intrastate airline and advised the DFW Airport 
Board that it did not intend to serve DFW. In 1972, not being a 
party to the DFW deal, Southwest formally petitioned the DFW 
Board for an exemption from or waiver to the Concurrent Bond 
Ordinance, which would allow Southwest to continue operations 
at Love Field.
---------------------------------------------------------------------------
    \1\ American Airlines, Braniff Airways, Continental Airlines, Delta 
Airlines, Eastern Airlines, Frontier Airlines, Ozark Air Lines and 
Texas International Airlines.
---------------------------------------------------------------------------
  In response to Southwest's request, the Cities and the DFW 
Airport Board filed suit in Federal district court seeking to 
exclude Southwest from Love Field. Southwest counterclaimed, 
seeking a declaration to remain at Love Field and an injunction 
to protect that right. The Texas Aeronautics Commission 
intervened in the suit to assert its own regulatory power over 
exclusively intrastate air carriers. The Federal judge 
presiding over the case rejected the Cities joint position to 
deny Southwest access to Love Field, therefore ruling in 
Southwest's favor.
  In 1974, the Cities and the DFW Airport Board appealed the 
decision and the U.S. Court of Appeals for the Fifth Circuit 
affirmed the district court ruling. The U.S. Supreme Court 
declined to hear an appeal.
  In 1975, while the federal district court ruling was on 
appeal, the City of Dallas adopted an ordinance to exclude all 
commercial airlines from Love Field. The ordinance made it a 
criminal offense for a certificated airline to land or takeoff 
at Love Field. Southwest challenged the ordinance in Federal 
district court. The Federal court permanently prohibited 
enforcement of the ordinance against Southwest.
  Concurrently, DFW through a state court sought to re-litigate 
the question of Southwest's right to use Love Field. The 
Federal court then issued an order prohibiting interested 
parties from re-litigating the 1968 Concurrent Bond Ordinance, 
therefore allowing Southwest to continued use and access to 
Love Field.
  In 1977, DFW appealed this ruling to the Fifth Circuit Court 
of Appeals. The Fifth Circuit affirmed the ruling of the 
district court. The Supreme Court again declined to hear an 
appeal.
  In 1978, Congress passed the Airline Deregulation Act of 
1978. Southwest viewed deregulation as an opportunity to become 
an interstate air carrier, and soon thereafter, launched its 
first interstate service, between Houston, Texas and New 
Orleans, Louisiana.
  In 1979, Southwest filed an application with the now defunct 
Federal Civil Aeronautics Board (CAB) for authority to fly 
between Dallas Love Field and New Orleans. In response, DFW and 
American Airlines filed objections with the CAB. The CAB 
invoked the 1968 Concurrent Bond Ordinance as a basis for 
denying Southwest the right to fly between Love Field and 
points outside the State of Texas. However, after subsequent 
hearings, the CAB granted Southwest permanent authority to fly 
in the Love Field to New Orleans market.
  In that same year, Congressman Jim Wright, then-House 
Majority Leader, secured an amendment to the International Air 
Transportation Competition Act of 1979. The amendment 
prohibited commercial air service between Love Field and any 
point outside the State of Texas. The provision was changed in 
conference with the Senate. The compromise, commonly known 
today as the ``Wright Amendment,'' limits the geographical 
region which Southwest Airlines is legally permitted to serve 
out of its home base at Dallas Love Field.
  The Wright Amendment remained in place, unchanged, until 
1996, when Legend Airlines sought to begin interstate service 
from Love Field. Legend filed a petition to operate pursuant to 
the exception in the Wright Amendment that appeared to permit 
unrestricted interstate service by airlines operating aircraft 
with a seating capacity of less than 56 passengers. In 
response, however, the Department of Transportation's (DOT) 
Office of General Counsel issued an opinion stating that the 
Wright Amendment's exception only applied to aircraft that were 
originally configured to hold fewer than 56 passengers. The 
following year, Congress adopted what is known as the ``Shelby 
Amendment'' as part of the Department of Transportation and 
Related Agencies Appropriations Act of 1998.
  The Shelby Amendment specifies that the Wright Amendment's 56 
passenger exception includes ``any aircraft, except aircraft 
exceeding gross aircraft weight of 300,000 pounds, reconfigured 
to accommodate 56 or fewer passengers if the total number of 
passenger seats installed on the aircraft does not exceed 56.'' 
In addition, the Shelby Amendment added Kansas, Alabama and 
Mississippi to the list of States previously included by the 
Wright Amendment. On November 30, 2005, the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the 
District of Columbia, and Independent Agencies Appropriations 
Act of 2006 was enacted and signed into law. (P.L. 109-115). 
Section 181 of that law amended section 29(c) of the 
International Air Transportation Competition Act of 1979, 
adding the State of Missouri to the list of Wright Amendment 
exempted states.
  In March 2006, at the urging of some members of Congress, the 
Cities of Dallas and Fort Worth passed resolutions requesting 
Congress provide them time to develop a local solution. As this 
dispute has been debated for many years in Congress, Members 
believed that a local solution was needed, requiring input from 
all of the stakeholders. On June 15, 2006, the mayors of Dallas 
and Fort Worth and other officials held a press conference to 
announce that the Cities, the DFW Airport Board, Southwest, and 
American Airlines had reached an agreement that would lead to 
the repeal of the Wright Amendment.
  On July 11, 2006, representatives of the Cities, DFW 
International Airport Board, American Airlines, and Southwest 
signed, executed and finalized the local agreement.

                        The Love Field Agreement

    WHEREAS, certain Members of the United States Congress have 
introduced legislation to either repeal or further modify the 
restrictions of the Wright Amendment, as amended by the 1997 
Shelby Amendment and the 2005 Amendment (herein referred to as 
the ``Wright Amendment''), or prohibit commercial air passenger 
service at Dallas Love Field Airport (``Love Field''); and
    WHEREAS, certain Congressional leaders informed the Cities 
of Dallas and Fort Worth (collectively, the ``Cities'') that it 
would be preferable for the Cities to present a local solution 
for addressing airport issues in the North Central Texas region 
and particularly, in the Dallas/Fort Worth metropolitan area, 
prior to any further action being taken by Congress that would 
directly impact aviation services in the region; and
    WHEREAS, in response to various pending and proposed 
Congressional actions that would further affect, modify, or 
repeal the Wright Amendment, the City Councils of Dallas and 
Fort Worth, on March 8, 2006 and March 7, 2006, respectively, 
passed a Concurrent Resolution (identified as Dallas Resolution 
No. 06-0870 and Fort Worth Resolution No. 3319-03-2006), 
requesting members of the United States Congress to refrain 
from taking any action regarding, or making any further 
amendments to, the Wright Amendment in order to allow the 
Cities an opportunity to work towards a local solution for 
addressing airport issues in the North Central Texas region, 
and to present a mutually agreed upon plan to the Congress for 
its consideration; and
    WHEREAS, the City of Dallas, pursuant to Resolution No. 06-
0997, adopted April 6, 2006, commissioned an Impact Analysis/
Master Plan Update for Love Field by DMJM Aviation, Inc., to 
provide updated information and analysis as to aircraft noise, 
air quality, traffic impact, and economic impact at Love Field 
if the Wright Amendment were repealed or substantially 
modified; and
    WHEREAS, the Love Field Impact Analysis Update prepared by 
DMJM Aviation, Inc. and GRA, Inc. found that, in the absence of 
the Wright Amendment, the overall impacts of operating 20 gates 
at Love Field under a ``No Wright Amendment scenario'' are the 
most comparable to the environmental thresholds agreed to and 
established in the 2001 Master Plan/Impact Analysis 32 gate 
scenario with the Wright Amendment in place; and
    WHEREAS, earlier this year, the Honorable Laura Miller, 
Mayor of Dallas, and the Honorable Mike Moncrief, Mayor of Fort 
Worth, held a series of meetings with interested parties in an 
effort to reach a local agreement regarding Love Field that 
would end the prolonged and divisive controversies between the 
two Cities and that would serve and protect the interests of 
all citizens of the Dallas-Fort Worth area, including residents 
living in the vicinity of Love Field, as well as business, 
consumer, and other constituencies affected by the Love Field 
controversies; and
    WHEREAS, after investigation and analysis of the available 
facts and giving due consideration to the economic, 
environmental, and personal welfare and interests of their 
respective residents, the general public, and the holders of 
DFW Airport Joint Revenue Bonds, the Cities of Dallas and Fort 
Worth conferred, deliberated, and agreed to a local solution 
regarding the Wright Amendment and related matters that best 
serves such interests given the likelihood that Congress could 
take action to repeal or substantially modify the Wright 
Amendment; and
    WHEREAS, the Mayors, in consultation with other leaders in 
the two cities, first were able to reach a basic agreement 
between themselves and with representatives of the Dallas/Fort 
Worth International Airport Board (``DFW Board''); and
    WHEREAS, the Mayors, representatives of the DFW Board, and 
other governmental officials then met separately with Southwest 
Airlines and American Airlines to advise those airlines that 
the local governments would announce a local solution and 
recommend it to Congress and that they wanted the airlines to 
consent to, and endorse, the local solution; and
    WHEREAS, the Mayors and representatives of the DFW Board 
thereafter conducted certain limited negotiations separately 
with Southwest Airlines and American Airlines; and
    WHEREAS, Southwest Airlines and American Airlines 
concluded, separately, that the local solution reached among, 
and urged upon them by, the local governments would be 
favorably received by the Congress, and that under the 
circumstances presented, the airlines should support the effort 
of the Cities and the DFW Board and acquiesce in, and agree to 
support, the local solution; and
    WHEREAS, the City Councils of Dallas and Fort Worth, on 
June 28, 2006 and July 11, 2006, respectively, passed a 
Concurrent Resolution (identified as Dallas Resolution No. 06-
1838 and Fort Worth Resolution No. 3386-07-2006) and the DFW 
Board on June 29, 2006 passed Resolution No. 2006-06-210, 
approving the Joint Statement signed by the City of Dallas, 
City of Fort Worth, Southwest Airlines, American Airlines, and 
the DFW Board on June 15, 2006, authorizing the execution of 
this Contract between the Parties incorporating the substance 
of the Joint Statement, and requesting the United States 
Congress to enact legislation consistent therewith;
    Therefore, the Parties agree as follows:

                               article i

    1. The City of Dallas, the City of Fort Worth, Southwest 
Airlines, American Airlines, and DFW Board, (herein, the 
``Parties,'') agree to seek the enactment of legislation to 
allow for the full implementation of this Contract including, 
but not limited to, amending section 29 of the International 
Air Transportation Competition Act of 1979, more commonly known 
as the ``Wright Amendment'' and ultimately effect its repeal as 
follows:
          a. To immediately allow airlines serving Love Field 
        to offer through ticketing between Love Field and any 
        destinations (including international destinations) 
        through any point in Texas, New Mexico, Oklahoma, 
        Kansas, Arkansas, Louisiana, Mississippi, Missouri, and 
        Alabama, and to market such services;
          b. Except as provided herein, to eliminate all the 
        remaining restrictions on air service from Love Field 
        after eight years from the enactment of legislation; 
        and
          c. To limit charter flights as set forth in Article 
        II, Section 16 of this Contract.
    2. The Parties agree that non-stop international commercial 
passenger service to and from the Dallas-Fort Worth area shall 
be limited exclusively to DFW International Airport (``DFW 
Airport''). The Cities shall work jointly to encourage all such 
flights into DFW Airport.
    3. The Parties agree that consistent with a revised Love 
Field Master Plan, based upon the 2006 Love Field Impact 
Analysis Update prepared by DMJM Aviation, Inc., the number of 
gates available for passenger air service at Love Field will 
be, as soon as practicable, reduced from the 32 gates 
envisioned in the 2001 Love Field Master Plan to 20 gates and 
that Love Field will thereafter be limited permanently to a 
maximum of 20 gates.
          a. Airlines may not subdivide a ``gate.'' A gate 
        shall consist of one passenger hold room and one 
        passenger loading jet bridge supporting one aircraft 
        parking space, and no hardstand operations, except as 
        allowed herein, shall be permitted. Nothing shall 
        preclude any airline from utilizing hardstands for RON 
        parking, maintenance, training, or for irregular 
        operations (i.e. flights that were scheduled originally 
        for one of the twenty available gates and cannot be 
        accommodated thereon due to weather, maintenance or 
        unforeseen emergencies), or other uses that do not 
        involve passenger air service.
          b. American Airlines and Southwest Airlines agree to 
        voluntarily surrender gate rights under existing leases 
        in order to reduce the number of gates as necessary to 
        implement this agreement. During the four year period 
        from the date the legislation as provided herein is 
        signed into law: Southwest Airlines shall have the 
        preferential use of 15 gates under its existing lease 
        to be used for passenger operations; American Airlines 
        shall have the preferential use of 3 gates under its 
        existing lease to be used for passenger operations; and 
        ExpressJet Airlines, Inc., shall have the preferential 
        use of 2 gates under its existing lease to be used for 
        passenger operations. Thereafter, Southwest Airlines 
        shall have the preferential use of 16 gates under its 
        existing lease to be used for passenger operations; 
        American Airlines shall have the preferential use of 2 
        gates under its existing lease to be used for passenger 
        operations; and ExpressJet Airlines, Inc., shall have 
        the preferential use of 2 gates under its existing 
        lease to be used for passenger operations. In 
        consideration of Southwest Airlines' substantial 
        divestment of gates at Love Field and the need to 
        renovate or reconstruct significant portions of the 
        concourses, Southwest Airlines shall have the sole 
        discretion (after consultation with the City) to 
        determine which of its gates it uses within its 
        existing leasehold at Love Field during all phases of 
        reconstruction. Upon the earlier of (i) the completion 
        of the concourse renovation, or (ii) 4 years from the 
        date the legislation as provided herein is signed into 
        law, all Parties agree that facilities will be modified 
        as necessary, up to and including demolition, to ensure 
        that Love Field can accommodate only 20 gates for 
        passenger service. To the extent a new entrant carrier 
        seeks to enter Love Field, the City of Dallas will seek 
        voluntary accommodation from its existing carriers to 
        accommodate the new entrant service. If the existing 
        carriers are not able or are not willing to accommodate 
        the new entrant service, then the City of Dallas agrees 
        to require the sharing of preferential lease gates, 
        pursuant to Dallas' existing lease agreements. To the 
        extent that any existing airline gates leased at Love 
        Field revert to the City of Dallas, these gates shall 
        be converted to common use during the existing term of 
        the lease.
    4. The City of Dallas agrees that it will negotiate a 
voluntary noise curfew at Love Field precluding scheduling 
passenger airline flights between 11 p.m. and 6 a.m. Southwest 
Airlines and American Airlines shall enter into agreements with 
respect thereto with the City of Dallas.
    5. The City of Dallas agrees that it will significantly 
redevelop portions of Love Field, including the modernization 
of the main terminal, consistent with a revised Love Field 
Master Plan based upon the Love Field Impact Analysis Update 
prepared by DMJM Aviation, Inc. (the ``Love Field Modernization 
Program'' or ``LFMP''). In addition, the City agrees that it 
will acquire all or a portion of the lease on the Lemmon Avenue 
facility, up to and including condemnation, necessary to 
fulfill its obligations under this Contract. The City of Dallas 
further agrees to the demolition of the gates at the Lemmon 
Avenue facility immediately upon acquisition of the current 
lease to ensure that that facility can never again be used for 
passenger service.
    The Parties agree that a minimum investment of $150 million 
and up to a maximum of $200 million in 2006 dollars (the 
``Spending Cap''), as adjusted for inflation, will be made by 
the City of Dallas for the LFMP, and that the capital and 
operating costs for the LFMP may be recovered through increased 
landing fees, space rental charges, or Passenger Facility 
Charges (``PFCs''). The Parties contemplate that financing the 
LFMP will include both the retirement of existing debt and the 
issuance of new debt for the LFMP.
    The Spending Cap shall be exclusive of the costs connected 
with the acquisition and demolition of the Lemmon Avenue gates 
and of the capital costs associated with the development and 
construction of a ``people mover'' connector to the DART mass 
transit system (``the Connector''). The costs for the 
acquisition and demolition of the Lemmon Avenue gates will be 
recovered from airport users, but the capital costs for the 
Connector may not be included in airline terminal rents or 
landing fees, except as expressly provided for herein below. 
The City of Dallas may seek approval to use PFC revenues for 
the Connector, and Southwest Airlines agrees to support such 
application. The City of Dallas shall, in addition, seek State, 
Federal, DART, and any other available public funds to 
supplement such PFC funds; provided, however, that nothing 
herein shall obligate the City of Dallas to undertake the 
Connector project. Notwithstanding the preceding, in the event 
PFC funds are not approved for the Connector, the City of 
Dallas may use airport funds for the Connector; provided, 
however, if airport funds are used for the Connector, the City 
of Dallas shall be obligated to apply for, and use, PFCs to pay 
for PFC eligible portions of the LFMP. In any event, the 
combined total spending for both the LFMP and the Connector, 
exclusive of PFCs, shall not exceed the Spending Cap, except as 
provided immediately below.
    In the event that PFCs are not approved for either the 
Connector or the LFMP, as provided herein, terminal rents and 
landing fees may be used for such improvements, thus exceeding 
the Spending Cap; provided, however, that the City shall use 
its best efforts to seek and use PFCs, State, Federal, DART, 
and any other available public funds (other than City of Dallas 
general funds) as the only sources of funding for the Connector 
and to avoid impacting terminal rents and landing fees.
    Except as otherwise provided herein, capital costs in 
excess of the aforementioned Spending Cap that impact terminal 
rents and landing fees shall be subject to agreement between 
Southwest Airlines and the City of Dallas, except that, 
following consultation with Southwest Airlines, the City of 
Dallas may proceed with necessary projects required for reasons 
of safety, security, normal maintenance and repair, or Federal 
mandate, and such costs may be included in terminal rents and 
landing fees. The operating reserve of Love Field shall never 
exceed one year's operating costs (operating and maintenance 
plus debt service) during the term of Southwest Airlines' 
lease.
    To recover the costs of the LFMP, the City of Dallas shall 
negotiate amendments of the Leases of Terminal Building 
Premises previously entered into with Southwest Airlines, 
American Airlines, and ExpressJet Airlines, Inc., and will also 
adopt City ordinances modifying the terminal rents and landing 
fees to be paid by airline users of Love Field.
    Southwest Airlines and the City of Dallas shall agree on a 
phase-in of the LFMP and will decide which party will fund and 
manage the construction of the LFMP. Southwest Airlines' 
expenditures for its share of the LFMP's capital costs shall be 
credited toward the minimum and maximum requirements. To the 
extent possible, the LFMP shall be completed by the expiration 
of the 8-year period.
    6. The Cities agree that they will both oppose efforts to 
initiate commercial passenger air service at any area airport 
other than DFW Airport (and Love Field, subject to the 
provisions contained herein) during the eight-year period. 
``Commercial passenger air service'' does not include a 
spaceport or air taxi service as defined by Part 135 of the 
Federal Aviation Regulations. The Cities agree to jointly 
oppose any attempts to repeal or further modify the Wright 
Amendment earlier than the eight-year period. To the extent any 
other airport within an eighty-mile radius of Love Field seeks 
to initiate scheduled commercial passenger service within this 
eight-year period, both the Cities agree to work diligently to 
bring that service to DFW Airport, or if that effort fails, 
then to airports owned by the Cities of Dallas and/or Fort 
Worth.
    7. The continuation of this Contract beyond December 31, 
2006, is conditioned on Congress having enacted legislation 
prior thereto, allowing the Parties to implement the terms and 
spirit of this Contract. It is the position of the Parties that 
Congress should not exempt additional States from the Wright 
Amendment during the eight-year period before it is eliminated.
    8. This Contract shall not be modified except upon mutual 
agreement of all of the Parties.
    9. The Cities acknowledge their outstanding DFW Airport 
bond covenants, to the extent such covenants are legally 
enforceable, and nothing in this Contract is intended to nor 
shall contravene such covenants. By the execution of this 
Contract, Southwest Airlines does not surrender any of its 
rights to operate at Love Field except as explicitly outlined 
in this Contract.
    10. If Southwest Airlines or its affiliate or code share 
partner (except for published/scheduled code share service from 
DFW Airport to Midway Airport as of June 14, 2006) chooses to 
operate passenger service from another airport within an 80-
mile radius of Love Field in addition to its operations at Love 
Field, then for every such gate which Southwest Airlines, its 
affiliate or code share partner, operates or uses at another 
airport within this radius, Southwest Airlines will voluntarily 
relinquish control of an equivalent number of gates at Love 
Field, up to 8 gates and such gates shall be made available to 
other carriers. If other carriers are not interested in these 
gates, then they can be made available to Southwest Airlines 
for its use on a common use basis. This requirement to 
relinquish gates shall expire in 2025. This provision shall not 
apply to a code share partner not operating under Southwest 
Airlines' or its affiliates' code at an airport within this 80-
mile radius.
    11. If American Airlines or its affiliate or code share 
partner chooses to operate passenger service from another 
airport within an 80-mile radius of Love Field in addition to 
its operations at DFW Airport and Love Field, then for every 
such gate which American Airlines, its affiliate or code share 
partner, operates or uses at another airport within this radius 
except for DFW Airport and Love Field, American Airlines will 
voluntarily relinquish control of an equivalent number of gates 
at Love Field, up to one and one-half gates and such gates 
shall be made available to other carriers. If other carriers 
are not interested in these gates, then they can be made 
available to American Airlines for its use on a common use 
basis. This requirement to relinquish gates shall expire in 
2025. This provision shall not apply to a code share partner 
not operating under American Airlines' or its affiliates' code 
at an airport within this 80-mile radius.
    12. Each carrier shall enter into separate agreements and 
take such actions, as necessary or appropriate, to implement 
its obligations under this Contract. Similarly, the Cities 
shall enter into such agreements and take such actions, as 
necessary or appropriate, to implement the Contract. All such 
agreements and actions are subject to the requirements of law. 
Such agreements shall include amendments to: (i) American 
Airlines' Love Field terminal lease; and (ii) Southwest 
Airlines' Love Field terminal lease. The City of Dallas shall 
develop a revised Love Field Master Plan consistent with this 
Contract.
    13. In the event that Congress at any time, enacts 
legislation that repeals the Wright Amendment sooner than the 
eight years identified in paragraph 1.b. of Article I. herein, 
or authorizes service (except for through ticketing service as 
contemplated by paragraph 1.a. of Article I. herein) between 
Love Field and one or more domestic or international 
destinations other than those currently allowed under the 
Wright Amendment during the eight year period, and if Southwest 
Airlines or its affiliate or code share partner commences non-
stop service to or from Love Field to a destination not 
currently allowed under the Wright Amendment, then Southwest 
Airlines will voluntarily relinquish control of 8 gates and 
such gates will be made available to other carriers. If other 
carriers are not interested in these gates, then they can be 
made available to Southwest Airlines for their use on a common 
use basis. This provision shall not apply to a code share 
partner not operating under Southwest Airlines' or its 
affiliates' code. Likewise, in the event that Congress, at any 
time, enacts legislation that repeals the Wright Amendment 
sooner than the eight years identified in paragraph 1.b. of 
Article I. herein, or authorizes service (except for through 
ticketing service as contemplated by paragraph 1.a. of Article 
I. herein) between Love Field and one or more domestic or 
international destinations other than those currently allowed 
under the Wright Amendment during the eight year period, and if 
American Airlines or its affiliate or code share partner 
commences non-stop service to or from Love Field to a 
destination not currently allowed under the Wright Amendment, 
then American Airlines will voluntarily relinquish control of 
half of its gates and such gates will be made available to 
other carriers. If other carriers are not interested in these 
gates, then they can be made available to American Airlines for 
its use on a common use basis. This provision shall not apply 
to a code share partner not operating under American Airlines' 
or its affiliates' code.
    14. The Parties hereby represent to the Congress of the 
United States, and to the Citizens of the Dallas-Fort Worth 
area that they approve of and support the local solution as set 
forth in this Contract. The Parties each separately covenant 
that they will support, encourage and seek the passage of 
legislation necessary and appropriate to implement the terms 
and spirit of this Contract. The Parties each separately 
covenant that they will oppose any legislative effort that is 
inconsistent with the terms of this Contract.
    15. The Parties agree that the final documentation to 
implement this local solution shall be consistent with all 
Federal rules, regulations and laws. The Parties agree that for 
this Contract to be binding, it must be executed by all parties 
no later than July 15th, 2006.
    16. If the U.S. Congress does not enact legislation by 
December 31, 2006, that would allow the Parties to implement 
the terms and spirit of this Contract, including, but not 
limited to, the 20 gate restriction at Love Field, then this 
Contract is null and void unless all parties agree to extend 
this Contract.
    17. As part of this Contract, the City of Dallas agrees to 
grant American Airlines and Southwest Airlines options to 
extend their existing terminal leases until 2028.

                   article ii. additional provisions

    1. Subject to Federal Grant Assurances, etc.--Nothing in 
this Contract shall require the City of Dallas, the City of 
Fort Worth or the DFW Airport Board to take any action that 
would result in (i) the loss of eligibility for future Federal 
airport grants for either city or the DFW Airport Board or (ii) 
FAA disapproval of any Passenger Facility Charge (PFC) 
application for either city or the DFW Airport Board, or (iii) 
either city or the DFW Airport Board being found to be in non-
compliance with its existing obligations under Federal aviation 
law.
    2. Funding.--Any capital spending obligations of the City 
of Dallas under this Contract for airport projects that require 
the expenditure of public funds or the creation of any monetary 
obligation shall be limited obligations, payable solely from 
airport revenues or the proceeds of airport revenue bonds 
issued by or on behalf of the City of Dallas, such revenue 
bonds being payable and secured by the revenues derived from 
the ownership and operation of Love Field. In order to satisfy 
its obligations hereunder, the City of Dallas agrees to use 
best efforts to issue and sell revenue bonds in such amounts 
and on terms that are commercially reasonable in the credit 
markets. Southwest Airlines and American Airlines hereby each 
agree to enter into such additional agreements that are 
necessary to facilitate the issuance of such revenue bonds, 
provided, however, nothing herein shall obligate either airline 
to be an obligor or guarantor of such bonds. Neither the 
obligations under this Contract nor the obligations with 
respect to such revenue bonds shall constitute a debt of the 
City of Dallas payable from, or require the payment or 
expenditure of funds of the City of Dallas from, ad valorem or 
other taxes imposed by the City of Dallas.
    3. Venue.--The Parties agree that in the event of any 
litigation in connection with this Contract, or should any 
legal action be necessary to enforce the terms of this 
Contract, exclusive venue shall lie in either Dallas County, 
Texas or Tarrant County, Texas.
    4. Non-liability for Other Parties' Obligations, Costs, and 
Attorneys Fees.--Each Party hereunder shall only be responsible 
and liable for its own obligations, costs, and attorneys fees 
in connection with the performance of this Contract, or any 
dispute or litigation that may arise in connection with this 
Contract.
    5. Applicable Laws and Representations.--This Contract is 
made subject to the provisions of the Charter and ordinances of 
the cities of Dallas and Fort Worth, in existence as of the 
date hereof, and all applicable State and Federal laws. Each 
City, as to itself only, represents and warrants that its 
existing Charter and ordinances do not preclude such City from 
executing this Contract or performing its obligations under 
this Contract in accordance with its terms. American Airlines, 
Southwest Airlines and the DFW Board, each as to itself only, 
represent and warrant that it has the full power and authority 
to enter into this Contract and perform its obligations under 
this Contract in accordance with its terms.
    6. Effective Date.--Notwithstanding anything to the 
contrary herein, the Parties agree that (i) Sections 1, 7, 8, 
9, 14, 15, and 16 of Article I. and all Sections of Article II. 
shall take effect as of the last date of execution of this 
Contract by any of the Parties and (ii) the remaining Sections 
of Article I. shall take effect on the date that legislation 
that would allow the Parties to implement the terms and spirit 
of this Contract is signed into law.
    7. Non-severability.
          (a) The terms of this Contract are not severable. 
        Therefore, in the event any one or more of the 
        provisions contained in this Contract shall for any 
        reason be held to be invalid, illegal, or unenforceable 
        in any respect, then this Contract shall be considered 
        null and void and unenforceable, except as otherwise 
        may be agreed to by all Parties.
          (b) Notwithstanding paragraph (a) hereof, each Party 
        shall use its best efforts to restore or replace the 
        affected provisions so as to effectuate the original 
        intent of the Parties.
    8. Counterparts.--This Contract may be executed in any 
number of counterparts, each of which shall be deemed an 
original and constitute one and the same instrument.
    9. Captions.--The captions to the various clauses of this 
Contract are for informational purposes only and shall not 
alter the substance of the terms and conditions of this 
Contract.
    10. Successors and Assigns; Sublessees.--This Contract 
shall be binding upon and inure to the benefit of the Parties 
hereto and their respective successors and assigns. Further, 
the Parties agree that any sublessee or other entity who 
subleases or uses either American Airlines' or Southwest 
Airlines' gates at Love Field is subject to and bound by the 
terms of this Contract, including, but not limited to, 
paragraph 13 of Article I.
    11. No Third Party Beneficiaries.--The provisions of this 
Contract are solely for the benefit of the Parties hereto; and 
nothing in this Contract, express or implied, shall create or 
grant any benefit, or any legal or equitable right, remedy, or 
claim hereunder, contractual or otherwise, to any other person 
or entity.
    12. Notices.--All notices required or permitted under this 
Contract shall be personally delivered or mailed to the 
respective Parties by depositing same in the United States 
mail, postage prepaid, at the addresses shown below, unless and 
until the Parties are otherwise notified in writing of a new 
address by any Party. Mailed notices shall be deemed 
communicated as of five days after mailing.
    13. Partial Waiver of Governmental Immunity.--The Cities 
and the DFW Board, by signing this Contract and to the extent 
permitted by law, waive their respective immunity from suit by 
the Parties, but only with respect to a suit to enforce this 
Contract by a Party seeking a restraining order, preliminary or 
permanent injunctive relief, specific performance, mandamus, or 
declaratory relief. The Cities and the DFW Board do not waive 
any other defense or bar against suit available to the Cities 
or the DFW Board.
    14. No Individual Liability.--To the extent allowed by law, 
no officer, agent, employee, or representative of any of the 
Parties shall be liable in his or her individual capacity, nor 
shall such person be subject to personal liability arising 
under this Contract.
    15. Limitation of Remedies.--Under no circumstances shall 
any party be liable to any other party hereunder, in contract 
or in tort, for monetary damages resulting in whole or in part 
for any breach by such party, whether negligent or with or 
without fault on its part, of any provision of this contract. 
Provided, however (and in exchange for the foregoing sentence), 
in the event of any such breach or threatened breach by any 
party, all parties agree that each non-breaching party will be 
entitled to seek all equitable remedies including, without 
limitation, decrees of specific performance, restraining 
orders, writs of preliminary and permanent injunction and 
mandamus, as well as declaratory relief, to enforce this 
contract. Provided, further, as a prerequisite to the filing of 
any lawsuit by any party, all parties shall in good faith 
submit any dispute to non-binding mediation, which must be 
completed within 60 days from the date notice requesting 
mediation is communicated pursuant to section 12 of article ii 
of this contract.
    16. Love Field General Aviation, U.S. Government Flights 
and Charter Flights.--Nothing in this Contract is intended to 
affect general aviation service at Love Field, including, but 
not limited to, flights to or from Love Field by general 
aviation aircraft for air taxi service, private or sport 
flying, aerial photography, crop dusting, business flying, 
medical evacuation, flight training, police or fire fighting, 
and similar general aviation purposes, or by aircraft operated 
by any agency of the U.S. Government or by any airline under 
contract to any agency of the U.S. Government. Charter flights 
at Love Field shall be limited to destinations within the 50 
United States and the District of Columbia and shall be limited 
to no more than ten per month per air carrier except as 
otherwise permitted by Section 29(c) of the Wright Amendment. 
All flights operated by air carriers that lease terminal gate 
space shall depart from and arrive at one of those leased 
gates. Charter flights operated by air carriers that do not 
lease terminal space may operate from non-terminal facilities 
or one of the 20 terminal gates. For the purposes of this 
Contract, ``charter flight'' shall have the meaning currently 
given in 14 C.F.R. 212.2 (2006). This limitation shall remain 
in effect permanently.
    17. Entire Agreement.--This Contract embodies the complete 
agreement of the Parties hereto relating to the matters in this 
Contract; and except as otherwise provided herein, cannot be 
modified without written agreement of all the Parties, to be 
attached to and made a part of this Contract.
    Executed as of this the 11th day of July, 2006.

                          Legislative History

    On November 10, 2005, the Aviation Subcommittee held a 
hearing to examine the economic, regional, and national impacts 
that repeal of the Wright Amendment would have on the U.S. 
aviation system. Those testifying before the Subcommittee were 
representatives of American Airlines, Southwest, DFW, the North 
Dallas Chamber of Commerce, Love Field Citizens Action 
Committee, the Campbell-Hill Aviation Group, Inc., and Eclat 
Consulting.
    On July 13, 2006, Senator Hutchison introduced S. 3661, ``A 
bill to amend section 29 of the International Air 
Transportation Competition Act of 1979 relating to air 
transportation to and from Love Field, Texas.'' Senators 
Cornyn, Inhofe and Harkin originally cosponsored the bill.
    On July 19, 2006, the Commerce, Science, and Transportation 
Committee met in Executive Session, and the bill, S. 3661, was 
ordered to be reported favorably with an amendment in the 
nature of a substitute by a roll call vote of 21-1.

                            Estimated Costs

    In compliance with subsection (a)(3) of paragraph 11 of 
rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate.
    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                     July 21, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3661, a bill to 
amend section 29 of the International Air Transportation 
Competition Act of 1979 relating to air transportation to and 
from Love Field, Texas.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

S. 3661--A bill to amend section 29 of the International Air 
        Transportation Competition Act of 1979 relating to air 
        transportation to and from Love Field, Texas

    S. 3661 would amend provisions of federal law that set 
certain restrictions on commercial air transportation to and 
from Love Field, an airport located near the cities of Dallas 
and Forth Worth, Texas. Based on information from the 
Department of Transportation, CBO estimates enacting S. 3661 
would have no significant impact on the federal budget. The 
bill would not affect direct spending or revenues.
    S. 3661 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would make the necessary changes in federal law to 
implement an agreement among the cities of Dallas and Forth 
Worth and American and Southwest Airlines. Any costs to those 
cities or the state of Texas would be incurred voluntarily.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
    Because S. 3661 does not create any new programs, the 
legislation would have no regulatory impact. The legislation, 
as reported, would provide a one-time safety review and 
notification option to Congress from the Federal Aviation 
Administration (FAA) on the affected airport and airspace, 
within a 30-day period. The legislation, as reported, would 
have no further affect on the number or types of individuals 
and businesses regulated.

                       NUMBER OF PERSONS COVERED

    S. 3661 is expected to increase the air traffic out of the 
affected airport, with a resulting increase in passenger 
traffic slightly above current levels.

                            ECONOMIC IMPACT

    No negative impact to taxpayers is expected from the 
enactment of S. 3661.

                                PRIVACY

    S. 3661 would not have an adverse effect on the personal 
privacy of any individuals that would be impacted by this 
legislation.

                               PAPERWORK

    The Committee does not anticipate any significant increase 
in paperwork burdens as a result of S. 3661.

                      Section-by-Section Analysis

Section 1. Findings

    The findings are a brief review of historical facts 
surrounding and leading to the legislation along with an 
explanation of the unique and local circumstances surrounding 
the issue. The findings in the Committee-passed legislation 
were as follows:

    (1) The Dallas-Fort Worth region is served by two large 
airports, Dallas-Fort Worth International Airport and Love 
Field. American Airlines and Southwest each have their 
headquarters, respectively, at these two airports.
    (2) Dallas-Fort Worth International Airport ranks fourth 
nationally and had more than 28 million enplanements in 2005. 
Love Field ranks fifty-sixth and had nearly 3 million 
enplanements in 2005.
    (3) The history of the development and creation of the 
Dallas-Fort Worth International Airport and the subsequent use 
of Love Field has been one of continuous disagreement, frequent 
litigation, and constant uncertainty within the local 
communities. As a result of these factors, this has been the 
only time that Congress has intervened, with the consent of the 
local communities, to promulgate specific rules relating to the 
scope of a locally owned airport. Having done so, the dispute 
cannot end without a change in federal statutes. Therefore, 
Congress recognizes the completely unique historical 
circumstances involving these two airport and cities and the 
previous unprecedented history of legislation. This legislation 
is based on the compelling consensus of the civic parties to 
resolve the dispute on a permanent basis, assure the end of 
litigation, and establish long-term stability.
    (4) In 1979, Congress intervened and passed legislation 
known as the Wright Amendment which imposed restrictions at 
Love Field limiting service from the airport to points within 
the State of Texas and States contiguous to Texas. Congress has 
since allowed service to the additional States of Alabama, 
Kansas, Mississippi, and Missouri. At the urging of 
Congressional leaders, local community leaders have reached 
consensus on a proposal for eliminating the restrictions at 
Love Field in a manner deemed equitable by the involved 
parties. That consensus is reflected in an agreement dated July 
11, 2006.
    (5) The agreement dated July 11, 2006, does not limit an 
air carrier's access to the Dallas Fort Worth metropolitan 
area, and in fact may increase access opportunities to other 
carriers and communities. It is not Congressional intent to 
limit any air carrier's access to either airport.
    (6) At the urging of the Civil Aeronautics Board (CAB), the 
communities originally intended to create one large 
international airport, and close Love Field to commercial air 
transportation. Funding for the new airport was, in part, 
predicated on the closing of Love Field to commercial service, 
and was agreed to by the carriers then serving Love Field. 
Southwest, created after the local decision was made, asserted 
its rights and as a result a new international airport was 
built, and Love Field remained open.
    (7) Congress also recognizes that the agreement, dated July 
11, 2006, does not harm any city that is currently being served 
by these airports, and thus the agreement does not adversely 
affect the airline industry or other communities that are 
currently receiving service, or hope to receive service in the 
future.
    (8) Congress finds that the agreement, dated July 11, 2006, 
furthers the public interest as consumers in, and accessing, 
the Dallas and Fort Worth areas should benefit from increased 
competition.
    (9) Congress also recognizes that each of the parties was 
forced to make concessions to reach an agreement. The two 
carriers, Southwest and American Airlines, did so 
independently, determining what is in each of their interests 
separately. The negotiations between the two communities forced 
each carrier to respond, individually, to a host of options, 
which ultimately were included, as part of the agreement dated 
July 11, 2006.
    (10) Nothing in the agreement dated July 11, 2006, is 
intended to eliminate the jurisdiction of DOT, the Federal 
Aviation Administration and the Transportation Security 
Administration with respect to the aviation safety and security 
responsibilities of those agencies.

Section 2. Modification of provisions regarding flights to and from 
        Love Field

    The Wright amendment is modified to allow air carriers to 
immediately provide ticketing from Love Field to any U.S. or 
foreign destination through any other point in Texas, New 
Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi, 
Missouri, and Alabama.
    In addition, the Wright amendment in its entirety would be 
repealed eight years after the date of enactment. The 
provisions of this Act remain in effect.

Section 3. Treatment of international non-stop flights to and from Love 
        Field

    This section states that non-stop international flights may 
not arrive or depart from Love Field.

Section 4. Charter flights at Love Field

    This section states that charter flights at Love Field 
would be treated in the same manner in which they are treated 
under the current Wright Amendment and would be treated in that 
manner in perpetuity.
    The Committee notes that the ``commercial passenger air 
service'' restriction referred to in section 6 of the agreement 
does not include Class IV Part 139 commercial passenger air 
service as defined by the Federal Aviation Regulation. The 
Committee notes that since ``commercial passenger air service'' 
is not clearly defined, this section is not intended to allow 
the parties of the agreement to work against service at 
airports seeking to engage in unscheduled charter passenger 
operations for their communities.

Section 5. Agreement of the parties

    Subsection (a) states that the agreement of the parties 
would be deemed to comply with title 49, United States Code, 
and any other competition laws. Subsection (b) would limit 
statutory construction so that nothing in this section shall be 
construed (1) to limit the obligation of the parties under 
existing programs of DOT and FAA relating to aviation safety, 
labor, environmental, national historic preservation, civil 
rights, small business concerns, veteran's preference, and 
disability access, (2) to limit the obligation of the parties 
under the existing aviation security programs of the U.S. 
Department of Homeland Security and the Transportation Security 
Administration at Love Field, Texas, or (3) to authorize the 
parties to offer marketing incentives that are in violation of 
Federal laws, rules, orders, agreements, and other 
requirements. Subsection (c) would set the number of gates at 
Love Field to a maximum of 20. Subsection (d) would ensure that 
nothing in the agreement would affect general aviation. 
Subsection (e) would prohibit DOT or FAA from taking any action 
that is inconsistent with the provisions of the agreement.
    The Committee notes that the Act and this section are not 
intended to affect efforts by other communities within an 80-
mile radius of Love Field in seeking to develop their airport 
infrastructure, obtain Federal grants or other Federal funding, 
obtain Part 139 certification or meet other Federal 
requirements to obtain commercial air service.

Section 6. Jurisdiction

    This section states that DOT would have exclusive 
jurisdiction with respect to the agreement described in section 
5(a).

Section 7. Applicability

    Subsection (a) states that this Act would apply only to 
actions taken with respect to Love Field, Texas, or 
transportation to or from Love Field, Texas, under the 
agreement described in section 5(a), and would have no other 
application to any other airport. Subsection (b) states that 
the provisions of this Act would not take effect, if within 30 
days after the date of enactment; the Administrator of the FAA 
would determine and notify Congress that aviation operations in 
the airspace of Love Field cannot be accommodated in compliance 
with FAA safety standards.

                      Rollcall Votes in Committee

    Senator Hutchison offered an amendment in the nature of a 
substitute. On a rollcall vote of 21 yeas and 1 nay as follows, 
the amendment was adopted:
        YEAS--21                      NAYS--1
Mr. McCain\1\                       Mr. Rockefeller
Mr. Burns
Mr. Lott
Mrs. Hutchison
Ms. Snowe
Mr. Smith\1\
Mr. Ensign
Mr. Allen
Mr. Sununu\1\
Mr. DeMint\1\
Mr. Vitter\1\
Mr. Inouye
Mr. Kerry\1\
Mr. Dorgan\1\
Mrs. Boxer
Mr. Nelson of Florida\1\
Ms. Cantwell
Mr. Lautenberg\1\
Mr. Nelson of Nebraska
Mr. Pryor
Mr. Stevens

    \1\By proxy

       Additional, Supplemental, or Minority Views deg.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

        INTERNATIONAL AIR TRANSPORTATION COMPETITION ACT OF 1979

    Sec. 29. (a) Except as provided in subsection (c), 
notwithstanding any other provision of law, neither the 
Secretary of Transportation, the Civil Aeronautics Board, nor 
any other officer or employee of the United States shall issue, 
reissue, amend, revise, or otherwise modify (either by action 
or inaction) any certificate or other authority to permit or 
otherwise authorize any person to provide the transportation of 
individuals, by air, as a common carrier for compensation or 
hire between Love Field, Texas, and one or more points outside 
the State of Texas, except (1) charter air transportation not 
to exceed ten flights per month, and (2) air transportation 
provided by commuter airlines operating aircraft with a 
passenger capacity of 56 passengers or less.
    (b) Except as provided in subsections (a) and (c), 
notwithstanding any other provision of law, or any certificate 
or other authority heretofore or hereafter issued thereunder, 
no person shall provide or offer to provide the transportation 
of individuals, by air, for compensation or hire as a common 
carrier between Love Field, Texas, and one or more points 
outside the State of Texas, except that a person providing 
service to a point outside of Texas from Love Field on November 
1, 1979, may continue to provide service to such point.
    (c) Subsections (a) and (b) shall not apply with respect 
to, and it is found consistent with the public convenience and 
necessity to authorize, transportation of individuals, by air, 
on a flight between Love Field, Texas, and one or more points 
within the States of Louisiana, Arkansas, Oklahoma, New Mexico, 
Missouri, and Texas by an air [carrier, if (1) such air carrier 
does not offer or provide any through service or ticketing with 
another air carrier or foreign air carrier, and (2) such air 
carrier does not offer for sale transportation to or from, and 
the flight or aircraft does not serve, any point which is 
outside any such State. Nothing in this subsection shall be 
construed to give authority not otherwise provided by law to 
the Secretary of Transportation, the Civil Aeronautics Board, 
any other officer or employee of the United States, or any 
other person.] 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 domestic or foreign destination through 
any point within Texas, New Mexico, Oklahoma, Kansas, Arkansas, 
Louisiana, Mississippi, Missouri, or Alabama.
    (d) This section shall not take effect if enacted after the 
enactment of the Aviation Safety and Noise Abatement Act of 
1979. \2\
---------------------------------------------------------------------------
    \2\ Section 29 would be repealed 8 years after the date of 
enactment of the bill.
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