[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9519-S9520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Ensign, and Mr. Kyl):
  S. 1599. A bill to repeal the perimeter rule for Ronald Reagan 
Washington National Airport, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senators 
Ensign and Kyl in introducing the Abolishing Aviation Barriers Act of 
2005. This bill would remove the arbitrary restrictions that prevent 
Americans from having an array of options for nonstop air travel 
between airports in western States and LaGuardia International Airport 
``LaGuardia'', and Ronald Reagan Washington National Airport, 
``Washington National''.
  LaGuardia restricts the departure or arrival of nonstop flights to or 
from airports that are farther than 1,500 miles from LaGuardia. 
Washington National has a similar restriction for nonstop flights to or 
from airports 1,250 miles from Washington National. These restrictions 
are commonly referred to as the ``perimeter rule.'' This bill would 
abolish these archaic limitations that reduce consumers' options for 
convenient flights and competitive fares.
  The original purpose of the perimeter rule was to promote LaGuardia 
and Washington National as airports for business travelers flying to 
and from East Coast and Midwest cities and to promote traffic to other 
airports by diverting long haul flights to Newark and Kennedy airports 
in the New York area and the Dulles airport in the Washington area. 
However, over the years, Congress has rightly granted numerous 
exceptions to the perimeter rule because the air traveling public is 
eager for travel options. Today, there are nonstop flights between 
LaGuardia and Denver and between Washington National and Denver, Las 
Vegas, Los Angeles, Phoenix, Salt Lake City and Seattle. Rather than 
continuing to take a piecemeal approach to promoting consumer choice, I 
urge Congress to take this opportunity once and for all to do away with 
this outdated rule.
  As many in this body know, I have been fighting against the perimeter 
rule for years. I continue to believe that Americans should have access 
to air travel at the lowest possible cost and with the most convenience 
for their schedule. Therefore, I have always advocated for the removal 
of any artificial barrier that prevents free market competition. Last I 
co-sponsored legislation to repeal the ``Wright Amendment'' which 
prohibits flights from Dallas'' Love Field airport to 43 States. This 
week I am proud to come together with colleagues once again to 
eliminate another unnecessary restraint through the Abolishing Aviation 
Barriers Act of 2005.
  Some opponents, mainly those with parochial interests, have 
criticized me over the years for my efforts to remove the perimeter 
rule for Washington National, particularly because such removal would 
allow flights between Phoenix and Tucson and Washington National. Due 
to such criticism, I made a pledge in 1998 that I would not take such 
flights if they were made available. Shortly thereafter, the Federal 
Aviation Administration granted an exemption for two nonstop flights 
per day between Washington National and Phoenix. I have never taken 
these flights. Instead I have routinely used connecting flights or 
flown out of Dulles International Airport. Being a frequent flier and 
having flown from both Dulles and Kennedy in the past few months, I can 
assure my colleagues, that both airports have enormous business and no 
longer need to be ``fed'' long haul traffic to promote airport usage.
  In fact, a 1999 study by the Transportation Research Board stated 
that perimeter rules ``no longer serve their original purpose and have 
produced too many adverse side effects, including barriers to 
competition . . . The rules arbitrarily prevent some airlines from 
extending their networks to these airports; they discourage competition 
among the airports in the region and among the airlines that use these 
airports; and they are subject to chronic attempts by special interest 
groups to obtain exemptions.''
  That same year, the Government Accountability Office, GAO, stated 
that the ``practical effect'' of the perimeter rule ``has been to limit 
entry'' of other carriers. The GAO found that airfares at LaGuardia and 
Washington National are approximately 50 percent higher on average than 
fares at similar airports unconstrained by the perimeter rule. Such an 
anticompetitive rule should not remain in effect, particularly where 
its anticompetitive impact has long been recognized. For this reason, I 
will continue the struggle to try to remove the perimeter rule and 
other anticompetitive restrictions that increase consumer costs and 
decrease convenience for no apparent benefit.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1599

       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 ``Abolishing Aviation Barriers 
     Act of 2005''.

     SEC. 2. RONALD REAGAN WASHINGTON NATIONAL AIRPORT.

       (a) In General.--Chapter 449 of title 49, United States 
     Code, is amended by striking section 49109.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     449 of title 49, United States Code, is amended by striking 
     the item relating to section 49109 and inserting the 
     following:

``44901. Repealed''.

     SEC. 3. TERMINATION OF FEDERAL SUPPORT FOR PERIMETER RULE AT 
                   NEW YORK LAGUARDIA AIRPORT.

       Notwithstanding any other provision of law, no Federal 
     funds may be obligated or expended after the date of 
     enactment of this Act to enforce the Port Authority of New 
     York and New Jersey rule banning flights beyond 1,500 miles 
     (or any other flight distance

[[Page S9520]]

     related restriction), from arrival or departure at New York 
     LaGuardia Airport.
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