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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 3661

_______________________________________________________________________

                                 AN ACT

 
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,

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repealed on the date that is 8 years after the date of enactment of 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 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.

            Passed the Senate September 29, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3661

_______________________________________________________________________

                                 AN ACT

To amend section 29 of the International Air Transportation Competition 
  Act of 1979 relating to air transportation to and from Love Field, 
                                 Texas.
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