[Congressional Record Volume 147, Number 131 (Wednesday, October 3, 2001)]
[Senate]
[Pages S10144-S10145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE FUTURE OF THE AIRLINE INDUSTRY
Mr. WYDEN. Madam President, less than 2 weeks ago, legislation
providing $15 billion to the airline industry flew through the Congress
like a runaway express. The legislation moved so quickly that I am of
the view that additional steps are needed to impose accountability on
the airlines for this unprecedented infusion of taxpayer money.
One-third of the $15 billion is already on its way out the door of
the U.S. Treasury and will be given to the carriers according to a
formula that they sought. Saturday is the deadline for deciding the
basic process and rules for apportioning the remaining $10 billion in
loans and loan guarantees. The way this staggering sum of money is
allocated will shape the structure of the airline industry for years to
come.
Yesterday the Wall Street Journal reported that the larger and
financially healthier airlines have attempted to impose their terms for
the $10 billion in loan guarantees on the smaller and the weaker
carriers. If the Office of Management and Budget acquiesces to the
demands of the larger carriers, it could crush the smaller airlines in
the short term and squash significantly the hopes of competition and
consumer choice in the long run.
On the horizon of the aviation industry there may be only two or
three carriers dominating routes, dictating prices, and reducing
service to small and usually rural markets. It is for this reason that
I come to the floor today, and I intend to outline several principles
that I believe the Congress should insist upon in order to keep an eye
on shaping the future of this industry so that there is real
competition, affordable prices for consumers, and adequate service
across this country.
It is obviously critically important to focus on the short-term needs
of getting people traveling again on those near empty planes and
restoring consumer confidence. But it is just as important to put in
place policies that protect the long-term interests of the flying
public and the taxpayer.
The $10 billion package of loans and loan guarantees is going to
dramatically reshape the industry for years to come. On the question of
competition, on whether flights are affordable, and whether rural areas
are turned into economic sacrifice zones, the decisions that are going
to be made in the next few weeks will have a dramatic impact.
The entire Senate understands that there is a national airline rescue
effort underway. Since September 11, Congress has heard much from the
airline industry about what the industry believes needs to be done.
Congress has responded. It is time now for the Congress to set out what
the American people have a right to expect from the airline industry.
Fortunately, this job is going to be easier because the Comptroller
General, David Walker, and the Department of Transportation Inspector
General, Ken Mead, are in place in order to provide a crucial reality
check. Already Mr. Walker has performed an important service of pulling
together a General Accounting Office team, getting me and other Members
of the Senate a sense of what the industry's loss projections are, and
particularly an analysis of their short-term needs. This type of
independent third-party review is going to be essential in the weeks
and months ahead.
Let me give the Senate just a few examples of the important questions
that the public has a right to have debated
[[Page S10145]]
now, in order to know to what the end product of this debate
involving the $15 billion is going to lead. For example, suppose that
the $10 billion in loan guarantees is allocated in a way that favors a
few large carriers, which is something that is being sought by some in
the industry. The end result could be consolidation to just a couple of
airlines, precisely the result the Government was trying to avoid when
it blocked the proposed United-US Airways merger. Or suppose carriers
use loan guarantees to strengthen their operations in ``fortress hubs"
while pulling back elsewhere. The end result for many consumers would
be a monopolistic environment with little competition and few choices.
Of course, there is the risk that taxpayer dollars will be wasted on
airlines that may not survive in any case or on airlines that really do
not need the help. Care has to be taken to ensure that these dollars
are used to get the maximum for the American public.
Responsibility for avoiding these pitfalls lies, in the first
instance, with the Air Transportation Stabilization Board. The Board
has the authority to decide who will receive loan guarantee assistance
and subject to what terms and conditions. The Congress, unfortunately,
has not provided this Board with a lot of guidance. The legislation
provides only general criteria, such as the requirement that the loan
in question be prudently incurred. Congress has not told the Board
where to place its priorities or what the goals should be. Therefore, I
believe some guiding principles are needed with respect to how that $15
billion is allocated. I propose the following principles this morning:
First, Government assistance must be allocated in ways that are going
to promote and not hinder competition between the airlines. This must
be a primary goal because without competition the entire premise of the
deregulated industry relying on market forces makes no sense. The
Government cannot afford to focus narrowly on each individual loan
guarantee application while ignoring the big picture issue of how the
overall assistance package affects the balance of competition in the
industry.
Second, companies receiving assistance need to be monitored closely
to make sure they are using the money responsibly. Are the taxpayer
funds being used to subsidize dividends to the shareholders, lucrative
compensation for top executives, or increased lobbying? The legislation
does contain some provisions with respect to executive compensation,
but the additional issues I am raising could send a message, at a time
when America is hurting, that some of the powerful may be profiting.
Third, companies receiving assistance and their major stakeholders
should be required to demonstrate that they are doing everything in
their power to improve the situation. Companies would have to show that
they have a plan for returning to profitability and that the plan is
actually being followed. Top managers should take salary reductions and
debtholders and employees should make sacrifices as well. Taxpayers who
are funding that $15 billion legislative package should know that all
of the company's stakeholders are helping to shoulder the burden.
Fourth, there needs to be an upside for the taxpayer. In the Chrysler
bailout legislation, the Treasury Department received stock options
that eventually led to a substantial profit for the taxpayers.
Similarly, this effort should be coupled with a mechanism for the
public to recoup its investment when airlines return to profitability.
Fifth, service to small markets must not be a casualty of this
crisis. As airlines cut flights or routes in response to the current
predicament, their first instinct may be to eliminate small market
service and turn small communities in Nebraska and Oregon and other
rural States into sacrifice zones. Americans need an airline system
that connects the entire country and not just the large hubs. Any
program of Government assistance to the airlines must seek to encourage
the airlines to maintain and indeed improve service in the small
markets.
Sixth, companies should be rewarded for treating employees in a
responsible manner. Approximately 100,000 airline workers have already
been laid off--but there are significant differences from airline to
airline in the type of severance arrangements offered, and also in the
efforts the airlines make to rehire workers when conditions begin to
improve again. When it comes to public assistance, companies with more
responsible labor policies should have a significant leg up in those
loans and loan guarantees.
Seventh, and finally, the current focus on the interests of the
airlines should not come at the expense of efforts to protect the
interests of consumers. The fact is, this is a concentrated industry in
which consumers often face limited choices. There is a real risk that,
if some air carriers fail, the competition situation may get worse
before it gets better.
That makes consumer protection all the more important in a number of
basic areas--areas where the Department of Transportation Inspector
General has already said there is a serious problem, and that Members
of this body have tried to address in passenger rights legislation.
There may be a need as this new effort goes forward for proconsumer
rules in order to protect consumers.
Adhering to these seven core principles that I have laid out this
morning is not going to be easy. There is no simple rule or formula
that Congress should impose, or that the board could follow that would
automatically achieve all of the objectives that I have laid out today.
It is critical, in my view, in order to make sure this job is done
responsibly, for Congress to obtain on a weekly basis the information
necessary to exercise responsible oversight over the airline industry.
This information must be real-time data, including load factors, yields
per mile, fares, type of aircraft, dividend payments, service to small
markets, cancellations, workforce statistics and route information.
In the coming weeks, the Air Transportation Stabilization Board
begins to implement the loan guarantee program. I am certain the Senate
Commerce Committee under the leadership of Chairman Hollings will be
actively engaged. I am anxious to work with my colleagues to put in
place the principles that I have outlined today, as well, I am sure, as
other Members of the Senate who will propose what they believe should
govern how this $15 billion is allocated.
The airline industry has been heard from. Now the public has a right
to ask the airline industry to support policies and to work with the
U.S. Congress to ensure that this is true competition, affordable
prices, and decent service.
In closing, I am of the strong view that the work of the Congress on
that $15 billion legislation began when the bill passed. I hope and
trust that my colleagues will join with me in doing everything we can
to ensure that at the end of the bailout process the American people
are left with a more competitive airline industry, one that offers
high-quality service to every area of the country and gives the public
what they have a right to expect will be the end process of that
unprecedented legislation that the Congress passed a little less than 2
weeks ago.
Madam President, I yield the floor.
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