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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3661 Reported in Senate (RS)]

                                                       Calendar No. 563
109th CONGRESS
  2d Session
                                S. 3661

                          [Report No. 109-317]

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

                             August 1, 2006

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. MODIFICATION OF PROVISIONS REGARDING FLIGHTS TO AND 
              FROM LOVE FIELD, TEXAS.</DELETED>

<DELETED>    (a) Expanded Service.--Section 29(c) of the International 
Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 
48 et seq.), as previously amended by section 337 of Public Law 105-66, 
111 Stat. 1447 (1997) and section 181 of Public Law 109-115, 119 Stat. 
2430 (2005) is further 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 U.S. or foreign destination through any 
point within Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, 
Mississippi, Missouri, and Alabama.''.</DELETED>
<DELETED>    (b) Repeal.--Section 29 of the International Air 
Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 48 
et seq.), as previously amended by section 337 of Public Law 105-66, 
111 Stat. 1447 (1997) and section 181 of Public Law 109-115, 119 Stat. 
2430 (2005), and as further amended by subsection (a), is repealed on 
the date that is eight (8) years after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 2. TREATMENT OF INTERNATIONAL NON-STOP FLIGHTS TO AND 
              FROM LOVE FIELD, TEXAS.</DELETED>

<DELETED>    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 fifty (50) United 
States or the District of Columbia on a non-stop basis, and no official 
or employee of the Federal Government may take any action to make or 
designate Love Field, Texas, an initial point of entry into the United 
States or a last point of departure from the United States.</DELETED>

<DELETED>SEC. 3. CHARTER FLIGHTS AT LOVE FIELD, TEXAS.</DELETED>

<DELETED>    (a) In General.--Charter flights (as defined in 14 C.F.R. 
212.2) at Love Field, Texas, shall be limited to destinations within 
the fifty (50) United States and the District of Columbia and shall be 
limited to no more than ten per month per air carrier for charter 
flights beyond the States of Texas, New Mexico, Oklahoma, Kansas, 
Arkansas, Louisiana, Mississippi, Missouri, and Alabama.</DELETED>
<DELETED>    (b) Carriers Who Lease Gates.--Except for any flights 
operated by any agency of the U.S. Government or by any airline under 
contract to any agency of the U.S. Government, all flights operated by 
air carriers that lease terminal gate space at Love Field, Texas, shall 
depart from and arrive at one of those leased gates.</DELETED>
<DELETED>    (c) Carriers Who Do Not Lease Gates.--Charter flights 
operated by air carriers that do not lease terminal space at Love 
Field, Texas, may operate from non-terminal facilities or one of the 
terminal gates.</DELETED>

<DELETED>SEC. 4. AGREEMENT OF THE PARTIES.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), any 
actions taken by the City of Dallas, the City of Fort Worth, Southwest 
Airlines, American Airlines, and/or the Dallas-Fort Worth International 
Airport Board (referred to in this section as the ``parties'') that are 
reasonably necessary to implement the provisions of the agreement dated 
July 11, 2006, and titled CONTRACT AMONG THE CITY OF DALLAS, THE CITY 
OF FORT WORTH, SOUTHWEST AIRLINES CO., AMERICAN AIRLINES, INC., AND DFW 
INTERNATIONAL AIRPORT BOARD INCORPORATING THE SUBSTANCE OF THE TERMS OF 
THE JUNE 15, 2006 JOINT STATEMENT BETWEEN THE PARTIES TO RESOLVE THE 
``WRIGHT AMENDMENT'' ISSUES, shall be deemed to comply in all respects 
with the parties' obligations under all Federal laws, rules, orders, 
agreements, and other requirements.</DELETED>
<DELETED>    (b) Safety.--Nothing in subsection (a) shall be construed 
to limit the jurisdiction of the Department of Transportation and the 
Federal Aviation Administration over aviation safety at Love Field, 
Texas.</DELETED>
<DELETED>    (c) Love Field Gates.--The number of gates available for 
passenger air service at Love Field, Texas, shall be reduced, as soon 
as practicable, to no more than twenty (20) gates, and thereafter shall 
not exceed a maximum of twenty (20) gates.</DELETED>
<DELETED>    (d) General Aviation.--Nothing in the agreement described 
in subsection (a) shall affect general aviation service at Love Field, 
Texas, 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, corporate aviation, 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.</DELETED>
<DELETED>    (e) Enforcement.--Notwithstanding any other provision of 
law, the Secretary of Transportation and the Administrator of the 
Federal Aviation Administration are prohibited from making findings or 
determinations, promulgating orders or rules, withholding airport 
improvement grants or approvals thereof, denying passenger facility 
charge applications, or taking any other action either self-initiated 
or on behalf of third parties, that is inconsistent with the provisions 
of the agreement described in subsection (a), or that challenge the 
legality of any of its provisions.</DELETED>

<DELETED>SEC. 5. JURISDICTION AND VENUE.</DELETED>

<DELETED>    Any action giving rise to a claim under this Act shall be 
instituted in the District Court of the United States for the Northern 
District of Texas.</DELETED>

<DELETED>SEC. 6. APPLICABILITY.</DELETED>

<DELETED>    (a) In General.--The provisions of this Act shall apply 
only to actions taken at Love Field, Texas, or air transportation to or 
from Love Field, Texas, under the agreement described in section 4(a) 
of this Act and shall have no application to any other 
airport.</DELETED>
<DELETED>    (b) Safety Review.--The provisions of this Act shall not 
take effect if, within thirty (30) days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
determines and notifies Congress that aviation operations in the 
airspace serving Love Field, Texas, and the Dallas-Fort Worth area that 
will be facilitated by the agreement described in section 4(a) and by 
this Act, cannot be accommodated in compliance with FAA safety 
standards in accordance with 49 U.S.C. 40101.</DELETED>

SECTION 1. FINDINGS.

     The Congress finds the following:
            (1) The Dallas-Fort Worth region is served by two large 
        airports, Dallas-Fort Worth International Airport and Love 
        Field. American Airlines and Southwest Airlines 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 Airlines, 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 Airlines 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 the U.S. Department 
        of Transportation, the Federal Aviation Administration and the 
        Transportation Security Administration with respect to the 
        aviation safety and security responsibilities of those 
        agencies.

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 is amended by striking 
``carrier, if (1)'' and all that follows and inserting ``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.''.
    (b) Repeal.--Section 29 of the International Air Transportation 
Competition Act of 1979 (Public Law 96-192; 94 Stat. 48 et seq.) is 
repealed on the date that is 8 years after the date of enactment of 
this Act.

SEC. 3. TREATMENT OF INTERNATIONAL NON-STOP FLIGHTS TO AND FROM LOVE 
              FIELD, TEXAS.

    No person may 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 
non-stop basis, and no officer or employee of the United States 
Government may take any action to make or designate Love Field, Texas, 
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 212.1 of 
title 14, Code of Federal Regulations) at Love Field, Texas, shall be 
limited to destinations within the 50 States and the District of 
Columbia and shall be limited to no more than 10 per month per air 
carrier for charter flights beyond Texas, New Mexico, Oklahoma, Kansas, 
Arkansas, Louisiana, Mississippi, Missouri, or Alabama.
    (b) Carriers That Lease Gates.--Except for a flight operated by a 
Federal agency or by an air carrier under contract to a Federal agency 
or in extraordinary circumstances or irregular operations, all flights 
operated by air carriers that lease terminal gate space at Love Field, 
Texas, shall depart from and arrive at one of those leased gates.
    (c) Carriers That Do Not Lease Gates.--A charter flight operated by 
an air carrier that does not lease terminal space at Love Field, Texas, 
may operate from non-terminal facilities or one of the terminal gates.

SEC. 5. AGREEMENT OF THE PARTIES.

    (a) In General.--Except as provided in subsection (b), any action 
taken by the City of Dallas, the City of Fort Worth, Southwest 
Airlines, American Airlines, or the Dallas-Fort Worth International 
Airport Board (referred to in this section as the ``parties'') that is 
reasonably necessary to implement the provisions of the agreement dated 
July 11, 2006, and titled ``Contract among the City of Dallas, the City 
of Fort Worth, Southwest Airlines Co., American Airlines, Inc., and DFW 
International Airport Board Incorporating the Substance of the Terms of 
the June 15, 2006 Joint Statement Between the Parties To Resolve the 
`Wright Amendment' Issues'', and such agreement, shall be deemed to 
comply in all respects with the parties' obligations under title 49, 
United States Code, and any other competition laws.
    (b) Limitations on Statutory Construction.--Nothing in this section 
shall be construed--
            (1) to limit the obligations of the parties under the 
        existing programs of the United States 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, and 
        disability access;
            (2) to limit the obligations of the parties under the 
        existing aviation security programs of the 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 law, rules, orders, 
        agreements, and other requirements.
    (c) Love Field Gates.--The number of gates available for passenger 
air service at Love Field, Texas, shall be reduced, as soon as 
practicable, to no more than 20 gates, and thereafter shall not exceed 
a maximum of 20 gates.
    (d) General Aviation.--Nothing in the agreement described in 
subsection (a) shall affect general aviation service at Love Field, 
Texas, 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 Federal agency or by any 
airline under contract to any Federal agency.
    (e) Enforcement.--Notwithstanding any other provision of law, the 
Secretary of Transportation and the Administrator of the Federal 
Aviation Administration are prohibited from making findings or 
determinations, promulgating orders or rules, withholding airport 
improvement grants or approvals thereof, denying passenger facility 
charge applications, or taking any other action either self-initiated 
or on behalf of third parties, that is inconsistent with the provisions 
of the agreement described in subsection (a), or that challenge the 
legality of any of its provisions.

SEC. 6. JURISDICTION.

    The Department of Transportation shall have exclusive jurisdiction 
with respect to the agreement described in section 5(a) of this Act.

SEC. 7. APPLICABILITY.

    (a) In General.--The provisions of this Act shall apply only to 
actions taken with respect to Love Field, Texas, or air transportation 
to or from Love Field, Texas, under the agreement described in section 
5(a) of this Act and shall have no application to any other airport.
    (b) Safety Review.--The provisions of this Act shall not take 
effect if, within 30 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration determines and 
notifies Congress that aviation operations in the airspace serving Love 
Field, Texas, and the Dallas-Fort Worth area that will be facilitated 
by the agreement described in section 5(a) and by this Act, cannot be 
accommodated in compliance with FAA safety standards in accordance with 
section 40101 of title 49, United States Code.
                                                       Calendar No. 563

109th CONGRESS

  2d Session

                                S. 3661

                          [Report No. 109-317]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 1, 2006

                       Reported with an amendment
```