II 

109TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2006 

Mrs. HUTCHISON (for herself, Mr. CORNYN, Mr. INHOFE, and Mr. HARKIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MODIFICATION OF PROVISIONS REGARDING 

4 FLIGHTS TO AND FROM LOVE FIELD, TEXAS. 

5 (a) EXPANDED SERVICE.—Section 29(c) of the Inter6 national Air Transportation Competition Act of 1979 

7 (Public Law 96–192; 94 Stat. 48 et seq.), as previously 

8 amended by section 337 of Public Law 105–66, 111 Stat. 

9 1447 (1997) and section 181 of Public Law 109–115, 119 


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1 Stat. 2430 (2005) is further amended by striking ‘‘carrier, 

2 if (1)’’ and all that follows and inserting the following: 

3 ‘‘carrier. Air carriers and, with regard to foreign air trans4 portation, foreign air carriers, may offer for sale and pro5 vide through service and ticketing to or from Love Field, 

6 Texas, and any U.S. or foreign destination through any 

7 point within Texas, New Mexico, Oklahoma, Kansas, Ar8 kansas, Louisiana, Mississippi, Missouri, and Alabama.’’. 

9 (b) REPEAL.—Section 29 of the International Air 

10 Transportation Competition Act of 1979 (Public Law 96– 

11 192; 94 Stat. 48 et seq.), as previously amended by section 

12 337 of Public Law 105–66, 111 Stat. 1447 (1997) and 

13 section 181 of Public Law 109–115, 119 Stat. 2430 

14 (2005), and as further amended by subsection (a), is re15 pealed on the date that is eight (8) years after the date 

16 of enactment of this Act. 

17 SEC. 2. TREATMENT OF INTERNATIONAL NON-STOP 

18 FLIGHTS TO AND FROM LOVE FIELD, TEXAS. 

19 No person shall provide, or offer to provide, air trans20 portation of passengers for compensation or hire between 

21 Love Field, Texas, and any point or points outside the 

22 fifty (50) United States or the District of Columbia on 

23 a non-stop basis, and no official or employee of the Fed24 eral Government may take any action to make or des25 ignate Love Field, Texas, an initial point of entry into the 


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1 United States or a last point of departure from the United 

2 States. 

3 SEC. 3. CHARTER FLIGHTS AT LOVE FIELD, TEXAS. 

4 (a) IN GENERAL.—Charter flights (as defined in 14 

5 C.F.R. 212.2) at Love Field, Texas, shall be limited to 

6 destinations within the fifty (50) United States and the 

7 District of Columbia and shall be limited to no more than 

8 ten per month per air carrier for charter flights beyond 

9 the States of Texas, New Mexico, Oklahoma, Kansas, Ar10 kansas, Louisiana, Mississippi, Missouri, and Alabama. 

11 (b) CARRIERS WHO LEASE GATES.—Except for any 

12 flights operated by any agency of the U.S. Government 

13 or by any airline under contract to any agency of the U.S. 

14 Government, all flights operated by air carriers that lease 

15 terminal gate space at Love Field, Texas, shall depart 

16 from and arrive at one of those leased gates. 

17 (c) CARRIERS WHO DO NOT LEASE GATES.—Char18 ter flights operated by air carriers that do not lease ter19 minal space at Love Field, Texas, may operate from non20 terminal facilities or one of the terminal gates. 

21 SEC. 4. AGREEMENT OF THE PARTIES. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), any actions taken by the City of Dallas, the City of 

24 Fort Worth, Southwest Airlines, American Airlines, and/ 

25 or the Dallas-Fort Worth International Airport Board (reVerDate Aug 31 2005 02:25 Jul 15, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3661.IS S3661

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1 ferred to in this section as the ‘‘parties’’) that are reason2 ably necessary to implement the provisions of the agree3 ment dated July 11, 2006, and titled CONTRACT 

4 AMONG THE CITY OF DALLAS, THE CITY OF 

5 FORT WORTH, SOUTHWEST AIRLINES CO., 

6 AMERICAN AIRLINES, INC., AND DFW INTER7 NATIONAL AIRPORT BOARD INCORPORATING 

8 THE SUBSTANCE OF THE TERMS OF THE JUNE 

9 15, 2006 JOINT STATEMENT BETWEEN THE PAR10 TIES TO RESOLVE THE ‘‘WRIGHT AMENDMENT’’ 

11 ISSUES, shall be deemed to comply in all respects with 

12 the parties’ obligations under all Federal laws, rules, or13 ders, agreements, and other requirements. 

14 (b) SAFETY.—Nothing in subsection (a) shall be con15 strued to limit the jurisdiction of the Department of 

16 Transportation and the Federal Aviation Administration 

17 over aviation safety at Love Field, Texas. 

18 (c) LOVE FIELD GATES.—The number of gates avail19 able for passenger air service at Love Field, Texas, shall 

20 be reduced, as soon as practicable, to no more than twenty 

21 (20) gates, and thereafter shall not exceed a maximum 

22 of twenty (20) gates. 

23 (d) GENERAL AVIATION.—Nothing in the agreement 

24 described in subsection (a) shall affect general aviation 

25 service at Love Field, Texas, including, but not limited 


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1 to, flights to or from Love Field by general aviation air2 craft for air taxi service, private or sport flying, aerial pho3 tography, crop dusting, corporate aviation, medical evacu4 ation, flight training, police or fire fighting, and similar 

5 general aviation purposes, or by aircraft operated by any 

6 agency of the U.S. Government or by any airline under 

7 contract to any agency of the U.S. Government. 

8 (e) ENFORCEMENT.—Notwithstanding any other pro9 vision of law, the Secretary of Transportation and the Ad10 ministrator of the Federal Aviation Administration are 

11 prohibited from making findings or determinations, pro12 mulgating orders or rules, withholding airport improve13 ment grants or approvals thereof, denying passenger facil14 ity charge applications, or taking any other action either 

15 self-initiated or on behalf of third parties, that is incon16 sistent with the provisions of the agreement described in 

17 subsection (a), or that challenge the legality of any of its 

18 provisions. 

19 SEC. 5. JURISDICTION AND VENUE. 

20 Any action giving rise to a claim under this Act shall 

21 be instituted in the District Court of the United States 

22 for the Northern District of Texas. 

23 SEC. 6. APPLICABILITY. 

24 (a) IN GENERAL.—The provisions of this Act shall 

25 apply only to actions taken at Love Field, Texas, or air 


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1 transportation to or from Love Field, Texas, under the 

2 agreement described in section 4(a) of this Act and shall 

3 have no application to any other airport. 

4 (b) SAFETY REVIEW.—The provisions of this Act 

5 shall not take effect if, within thirty (30) days after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration determines and notifies 

8 Congress that aviation operations in the airspace serving 

9 Love Field, Texas, and the Dallas-Fort Worth area that 

10 will be facilitated by the agreement described in section 

11 4(a) and by this Act, cannot be accommodated in compli12 ance with FAA safety standards in accordance with 49 

13 U.S.C. 40101. 

Æ 


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