[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2430 (2005), and as further amended by subsection (a), is repealed on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