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

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.

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

SECTION 1. 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. 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.''.
    (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and as further amended by subsection (a), is repealed on the date that 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.

SEC. 2. TREATMENT OF INTERNATIONAL NON-STOP 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 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.

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

    (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.
    (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.
    (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.

SEC. 4. AGREEMENT OF THE PARTIES.

    (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.
    (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.
    (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.
    (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.
    (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. 5. JURISDICTION AND VENUE.

    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.

SEC. 6. APPLICABILITY.

    (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.
    (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.
                                 <all>
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