Wright Amendment Reform Act of 2006
PL 109-352 (S.3661), enacted 10/13/2006

120 STAT. 2011
PUBLIC LAW 109–352—OCT. 13, 2006
Public Law 109–352
109th Congress
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(a), is repealed on the date that is 8 years after the date of enact-
ment 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 Ala-
bama.
Effective date.
Wright
Amendment
Reform Act of
2006.
Oct. 13, 2006
[S. 3661]
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120 STAT. 2012
PUBLIC LAW 109–352—OCT. 13, 2006
(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.
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120 STAT. 2013
PUBLIC LAW 109–352—OCT. 13, 2006
(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 nec-
essary 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 incen-
tives 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 sub-
sections (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 non-
discriminatory 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).
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120 STAT. 2014
PUBLIC LAW 109–352—OCT. 13, 2006
LEGISLATIVE HISTORY—S. 3661 (H.R. 5830):
SENATE REPORTS: No. 109–317 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 29, considered and passed Senate and House.
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 expecta-
tions, without adverse effect on use of airspace in such area.
Approved October 13, 2006.
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