[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10523-S10525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  WRIGHT AMENDMENT REFORM ACT OF 2006

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 563, S. 3661.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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, which had been 
     reported from the Committee on Commerce, Science, and 
     Transportation, with an amendment to strike all after the 
     enacting clause and insert in lieu thereof the following:

     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

[[Page S10524]]

     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.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. HUTCHISON. I ask unanimous consent the amendment at the desk be 
agreed to, the committee-reported amendment, as amended, be agreed to, 
the bill as amended be read a third time and passed, the motion to 
reconsider be laid on the table, and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5107) was agreed to, as follows:


                           amendment no. 5107

       Strike all after enacting clause and insert:

     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

[[Page S10525]]

     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.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed.

                          ____________________