[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[House]
[Pages H8002-H8011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WRIGHT AMENDMENT REFORM ACT OF 2006
Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the
Senate 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.
The Clerk read as follows:
S. 3661
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amended by subsection (a), is repealed on the date that is 8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 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 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.
[[Page H8003]]
(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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Mica) and the gentlewoman from Texas (Ms. Eddie Bernice
Johnson) each will control 20 minutes.
Mr. SENSENBRENNER. Mr. Speaker, is the gentlewoman from Texas opposed
to the motion? If not, I demand the time in opposition.
The SPEAKER pro tempore. Does the gentlewoman from Texas favor the
motion?
Ms. EDDIE BERNICE JOHNSON of Texas. Yes.
The SPEAKER pro tempore. On that basis, the gentleman from Wisconsin
(Mr. Sensenbrenner) will control the 20 minutes in opposition.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous materials on S. 3661.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3661, which is known as the
Wright Amendment Reform Act of 2006. This bill passed the Senate just a
few hours ago by unanimous consent.
This legislation is exactly identical to H.R. 6228 which was
introduced by the House Transportation and Infrastructure chairman, the
Honorable Don Young, and ranking member, the Honorable James Oberstar,
and by several Members of the Texas delegation, including
Representatives Eddie Bernice Johnson, Kenny Marchant, Kay Granger, Joe
Barton, Mike Burgess, Chet Edwards, Ralph Hall, Sam Johnson and also
Pete Sessions.
First, I want to commend my colleagues from the Texas delegation for
working together to help foster this amendment that is the basis for
this legislation.
This legislation, Senate bill 3661, would implement a locally
initiated and locally approved agreement that seeks to change and
eventually eliminate what has been commonly known as the Wright
amendment which, in fact, has restricted commercial air passenger
service out of Dallas Love Field for over three decades.
This is an anticompetitive law, and it has resulted in higher air
fares and fewer service options for consumers for some decades now. It
seems that the only beneficiary of the Wright amendment has been the
small army of lawyers hired by the affected cities and airlines to
litigate almost every aspect of this poorly conceived law.
Earlier this year, members of the congressional delegation, along
with the mayors, the airlines and others came together and reached a
consensus agreement on July 11, 2006.
This bill crafts a number of important provisions that will open
service again and some of the wrong restrictions imposed by the Wright
amendment.
Mr. Speaker, I would like to see the Wright amendment repealed
immediately. However, in my opinion, this is our best option.
The political reality is that without this legislation, the 35-year-
old ``Cold War'' waged by the affected cities, airlines and communities
will continue indefinitely.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in 1972, Justice Thurgood Marshall wrote the following
in the case of United States v. Topco Associates, Inc.: ``Antitrust
laws in general, and the Sherman Act in particular, are the Magna Carta
of free enterprise. They are as important to the preservation of
economic freedom and our free enterprise system as the Bill of Rights
is to the protection of our fundamental personal freedoms. And the
freedom guaranteed each and every business, no matter how small, is the
freedom to compete, to assert with vigor, imagination, devotion, and
ingenuity whatever economic muscle it can muster.''
Mr. Speaker, I rise in opposition to this legislation. The Wright
amendment is anticompetitive, there is no doubt about it, and it has
increased the cost of long-distance travel to people who live in the
Dallas-Fort Worth area by as much as a third as compared to other
markets with other airlines.
What this legislation does is continue vestiges of the Wright
amendment and its anticompetition policy on until at least the year
2025. If we think the Wright amendment is bad, we should get rid of it
once and for all, and remember, Congress imposed the Wright amendment
back over 15 years ago.
Now, what this bill does is it codifies an agreement among private
and local government parties that constitute per se violations of the
antitrust laws. With limited exceptions, the Wright amendment expressly
insulates Dallas-Fort Worth from interstate international air passenger
competition from Dallas Love Field.
Now, let us stop and think about this because this bill would provide
a congressional approval, requiring the demolition of existing gates at
Love Field, some of which are privately owned and utilized by airlines
to offer additional air passenger service to points across the United
States.
The agreement also prohibits Southwest Airlines from offering service
from the DFW Airport until 2025 and limits the ability of all airlines
to offer service from Love Field and maintains a ban on most interstate
flights from Love Field to 42 States. Now, that means if you live in
the 42 States that this bill seeks to protect, you are going to pay
more to come to Dallas-Ft. Worth, no two ways about it.
There was a memo leaked out of the Justice Department that says that
this
[[Page H8004]]
agreement, which allows Southwest to stay out of DFW for 19 years,
would be a hard core per se violation of the Sherman Act.
Now, proponents of this bill will claim that the antitrust laws are
unaffected by it and do not be fooled. Why? According to 54 American
Jurisprudence 2nd, Monopolies and Restraints of Trade, No. 243, the
Hornbook on antitrust law, says: ``In determining whether subsequent
Federal legislation has granted immunity from the antitrust laws, a
court should reconcile the operation of both statutory schemes, where
this is possible.''
A court looking to this legislation will be forced to ignore the
antitrust laws because the legislation contains mandatory obligations
that the parties engage in contact that violates the per se violations
of the antitrust laws.
So this compromise is a compromise in name only, and the result is
exactly the same, creating implied antitrust immunity by eliminating a
cause of action for conduct that presents a clear violation of the
antitrust laws.
Now, we are going to hear that the Wright amendment is a local issue,
and they are right. It is a local issue for the Members of Congress who
represent the 42 States whose residents are held captive by the
anticompetitive output restriction/cartel that this legislation
perpetuates.
{time} 1900
We have got to have the courage to stand up for consumers, our
constituents who vote for us, and adopt the pro-competitive goals of
the Airline Deregulation Act by defeating this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. MICA. Mr. Speaker, may I inquire as to how much time the
gentleman has remaining and also how much time I have remaining?
The SPEAKER pro tempore. The gentleman from Florida has 17 minutes
remaining, and the gentleman from Wisconsin has 15 minutes remaining.
Mr. MICA. Mr. Speaker, I am pleased to yield 10 minutes to the
gentlewoman from Texas, and I ask unanimous consent that she be able to
control those 10 minutes.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield myself such
time as I may consume.
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to
revise and extend her remarks.)
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in
strong support of Senate bill 3661. The bill passed by the Senate
earlier today mirrors House bill 6228 previously scheduled for
consideration today.
At the outset, I want to extend my thanks to Chairman Young and
Ranking Member Oberstar, Subcommittee Chairman Mica and Ranking Member
Costello for their cooperation and support throughout this process.
Each of you, in addition to the committee staff, has been extremely
helpful in accommodating the requests of myself and north Texas
colleagues, and I am truly appreciative.
The road leading to this point has been long and arduous, but I am
delighted that the bill before us today represents a bipartisan piece
of sound legislation. The bill's fundamental objective is to open the
north Texas market to more competition in air transportation, not to
further restrict it, despite the claims of some.
This bill phases out the Wright amendment completely in 8 years,
offers immediate thru-ticketing in and out of Love Field, saving
consumers an estimated $259 million annually. It will generate over $2
billion annually in spending and related economic activity for north
Texas and for many communities outside the current Wright amendment
parameter.
It opens Love Field in a responsible way, ensuring resolution of Love
Field-area residents' concerns over noise, traffic, and safety for the
area.
It protects safety by prohibiting the legislation from taking effect
until the Federal Aviation Administration notifies Congress that the
additional aviation operations in the Dallas/Fort Worth/Love Field
airspace expected as a result of this Act can be conducted safely and
without adverse effect on airspace use.
It protects competition by preserving the FAA's authority to enforce
airport rules that obligate Love Field to make its facilities available
on a reasonable and nondiscriminatory basis to new entrant carriers,
and stimulates competition and travel commerce throughout the United
States.
This bill is important to north Texas, the aviation community at
large, and particularly my constituents, as Dallas Love Field Airport
is located within the heart of my congressional district.
Two months ago, the city of Dallas, the city of Fort Worth, Southwest
Airlines, American Airlines, and Dallas/Fort Worth International
Airport reached a compromise to resolve long-standing issues regarding
the Wright amendment.
As many of you know, the three-decade-old legislation imposes long-
haul flight restrictions to and from Dallas Love Field Airport. The
agreement marks an important milestone, as efforts to repeal the
restrictions over the past decades have served as a major point of
contention among north Texas stakeholders and the aviation community at
large.
To have all the aforementioned entities in solidarity behind this
compromise that ultimately lifts long-haul flight restrictions at
Dallas Love Field is nothing short of amazing.
I would like to impress the following upon my colleagues: It is
important to note that the Wright amendment was a direct result of a
community-crafted compromise between the cities of Dallas and Fort
Worth, Texas, regarding two north Texas airports.
Thirty years ago, north Texas, upon the recommendation of the Civil
Aeronautics Board, decided that DFW Airport would be the region's
primary air travel investment. This decision is captured in the 1968
Regional Airport Concurrent Bond Ordinance, which I will enter into the
Record.
In lieu of closing Love Field, the Wright amendment was crafted to
protect the interests of the Dallas/Fort Worth Airport as well as those
of Southwest Airlines. As the agreement said, that commercial traffic
would close at the time that D/FW opened. The balance between our two
airports as a result of the Wright amendment has served this region
well.
These airports are eight miles apart. Dallas/Fort Worth International
Airport and Love Field Airport are vital components to the overall
health and success of the regional economy. Respectively, they rank
third and fifty-fifth nationally in terms of total traffic
enplanements. As such, I have felt quite strongly that any policy
decision regarding the Wright amendment that could have implications
for future aviation in north Texas should not be carried out without
the input of the localities directly involved; and I have asked over
and over again for the last 20 years to have the local entities to come
to an agreement.
My position has not always gone over well within certain segments of
my constituency, but, for the record, I would like to reiterate that I
am not anti-competitive, I am not anti-lower fares, I would be stupid
to do that, nor am I anti-free enterprise. I am, however, pro
principle. And it has always been my belief that the Wright amendment
exists as a principled agreement between these two cities.
Each time the subject of repeal of the Wright amendment has arisen,
it has placed the cities of Dallas and Fort Worth, 27 miles apart, on
guard against each other because it violates the agreement. Over the
past decades, this issue has created much grief, litigation, and
oftentimes flat-out distrust among the cities of Dallas and Fort Worth.
This type of back and forth over the past 30 years has not been healthy
for north Texas, as we have many pressing challenges that require us to
work together in good faith if we are to be successful as a region.
Mr. Speaker, I support the compromise. The compromise outlined within
Senate Bill 3661 requires give and take of all vested stakeholders.
But, most importantly, Mr. Speaker, the measure represents a unified
local consensus of which I am most proud.
Further, many homeowners and constituent groups that live and work
within the Love Field area also support this compromise.
As I close, I want to commend the cities of Dallas and Fort Worth for
[[Page H8005]]
coming to the table and acting in good faith to bring forth a
compromise that I hope will allow us to once and for all bring an end
to one of aviation's most storied standoffs.
Is the compromise perfect? No. But I do feel it represents one of the
best chances we as a region have to finally bring resolution to a long-
standing dispute. I want to urge my colleagues to join me in voting
``yes'' on this bill.
Congressional leaders have long urged the cities of Fort Worth and
Dallas to come together and work toward a local compromise. This not
only was instructed by two Secretaries of Transportation, the last two
under the last two Presidents, but others as well to resolve the long-
standing and divisive controversy over the Wright amendment. The
communities have responded, and they are deserving of this body's
support.
1968 Regional Airport Concurrent Bond Ordinance
____
Authorizing the Issuance of Dallas-Fort Worth Regional Airport Joint
Revenue Bonds Initial Issues--$35,000,000
____
Adopted by The City Councils of The City of Dallas, Texas and The City
of Fort Worth, Texas
____
Effective as of November 12, 1968
City of Dallas Ordinance, No. 12352
City of Fort Worth Ordinance, No. 6021
An Ordinance adopted concurrently by the City Councils,
respectively, of the Cities of Dallas and Fort Worth,
authorizing the issuance of Dallas-Fort Worth Regional
Airport Joint Revenue Bonds, Series 1968, in the aggregate
principal amount of $35,000,000 for the purpose of defraying
in part the cost of constructing, equipping and otherwise
improving the jointly owned Dallas-Fort Worth Regional
Airport of the Cities; providing for the security and payment
of said bonds from the revenues derived from the operation of
said Airport and in certain instances from other airport
revenues of the Cities; providing that the same shall not be
payable from taxation; providing the form, terms and
conditions of such bonds and the manner of their execution;
providing covenants and commitments regarding the payment of
said bonds, the construction of said Regional Airport, and
the maintenance and operation thereof when constructed
including the pledge to such operation and maintenance
purposes of the tax authorized by law; containing covenants
against competition; and covenants regarding transfers of
airport properties; providing other details concerning such
bonds and such Airport, including the reserved power to issue
additional joint revenue bonds, and the subordination thereof
to the lien and pledge securing other outstanding and future
issues of airport revenue bonds of the Cities: providing for
the deposit of the proceeds of such bonds into the
Construction Fund of the Joint Airport Fund under and subject
to the control of the Dallas-Fort Worth Regional Airport
Board; authorizing said Board to see to the delivery of said
bonds as herein directed and directing that due observance of
the covenants herein contained be made by the Board to the
extent such covenants are performable by it; providing and
describing events of default and the consequences thereof;
providing a method of amending this ordinance; ordaining
other matters incident and relating to the subject and
purpose hereof; and declaring an emergency.
Whereas, the Cities of Dallas and Fort Worth have
heretofore determined that the present commercial aviation
and airport facilities of the Cities, specifically Love Field
Airport (hereinafter called and defined as ``Love Field'') of
the City of Dallas and Greater Southwest International
Airport (hereinafter called and defined as ``GSLA'') of the
City of Fort Worth, are wholly inadequate to meet the
foreseeable commercial aviation needs of the citizens of the
Cities and the residents and citizens of the entire North
Central Texas Region; and
Whereas, the Cities have further found and determined that
the most effective, economic and efficient means of providing
needed airport facilities is the construction and equipment
of a centrally located airport for the Cities and to that end
by an agreement entitled and hereinafter defined as the
``Contract and Agreement,'' the Cities continued, expanded
and further defined the powers and duties of the Dallas-Fort
Worth Regional Airport Board (hereinafter defined as the
``Board'' or ``Regional Airport Board'') theretofore created;
created the Joint Airport Fund of the Cities; and provided
for the construction and operation of an airport to be known
as the ``Dallas-Fort Worth Regional Airport''; and
Whereas, in accordance with the requirements of the
Contract and Agreement, the Board has submitted to the City
Councils of the Cities a report containing its over-all
preliminary plan for the construction of said Regional
Airport which plan preliminarily defines and sets forth the
estimated, partial cost thereof, together with statements of
its projected size, scope and location; and
Whereas, the City Councils have each, by duly adopted
resolution, approved said plan within the context of the
Contract and Agreement, and accordingly the Cities, having
been requested so to do by the Board in the manner
contemplated by the Contract and Agreement, propose to
proceed with the financing of the Regional Airport through
the issuance of the joint revenue bonds contemplated by the
Contract and Agreement, all in accordance with Article 1269j-
5, Article 1269j-5.1, Article 1269j-5.2, Article 46d, and
other applicable provisions of Texas Revised Civil Statutes,
as amended; and
Whereas, the City Councils have each found and determined
as to each that the matters to which this Ordinance relates
are matters of imperative public need and necessity in the
protection of the health, safety and morals of the citizens
of each of the Cities and, as such, that this Ordinance is an
emergency measure and shall be effective as to each City
respectively upon its adoption by its City Council;
Now, Therefore, Be It Ordained by the City Council of The
City of Dallas, Texas:
Now, Therefore, Be It Ordained by the City Council of The
City of Fort Worth, Texas.
Mr. Speaker, I reserve the balance of my time.
Mr. MICA. Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the
distinguished gentleman from Texas (Mr. Barton), who is also Chairman
of the Energy and Commerce Committee.
Mr. BARTON of Texas. Mr. Speaker, I am told that the gentlewoman from
Dallas (Ms. Eddie Bernice Johnson) will also yield me 1 minute. If that
is true, could she yield it at this time so I can do my speech at one
time?
Mr. SENSENBRENNER. Mr. Speaker, the big-hearted gentleman from
Wisconsin yields an additional 1 minute to my friend from Texas.
Mr. BARTON of Texas. Thank you, Chairman Sensenbrenner.
The SPEAKER pro tempore. The gentleman is recognized for 2\1/2\
minutes.
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Speaker, I thank the distinguished chairman
of the Judiciary Committee for his gracious offer; and I rise today in
strong support of Senate 3661, the Wright amendment compromise of 2006.
I want to use the brief time that I have to explain what the compromise
is all about.
Back in the 1960s, the two cities of Dallas and Fort Worth could not
agree on anything, including where to locate their two respective
airports. The Civil Aeronautics Administration said we will fund one
Federal Aviation airport in the D/FW area but not two. That brought the
two cities together to create what is now known as Dallas/Fort Worth
Airport.
When a struggling airline called Southwest decided to fly their one
plane out of Love Field to Houston and to San Antonio, they went to
court and won the right to fly commercial air service out of Love
Field, which had been suspended when D/FW came into existence. Hence,
we got what is called the Wright compromise, which restricted flights
from Love Field to an area within Texas or States contiguous to Texas.
Today, D/FW Airport is one of the five largest commercial aviation
airports in the country. Love Field is a regional airport that
currently has in use, I believe, 13 gates and several hundred flights
per day. The compromise before us would repeal the Wright amendment
over an 8-year period. It would allow thru-ticketing immediately from
Love Field, and it would create what I call a super-regional airport,
where the majority of the gates, over 100 gates, would be at D/FW, and
no more than 20 gates would be at Love Field, which, as Congressman
Johnson pointed out, is only eight miles from the eastern-most runway
at D/FW.
There are currently only in use at Love Field 13 gates. So this
limitation, so-called, of 20 gates, would actually allow an expansion
of gates in actual use at Love Field. There are more empty gates at D/
FW right now today than there are total gates at Love Field.
This compromise is supported by almost every member of the Texas
delegation and may yet be supported by every member of the delegation.
It would put to bed an issue that has been vexatious for a number of
years, in fact, you could say a number of decades.
I know my good friend from the Judiciary Committee has some antitrust
exemptions, but again I will point out there are more empty gates at D/
FW than there are total gates at Love. This would be pro-competitive.
Mr. Speaker, I rise today in strong support of S. 3661, ``The Wright
Amendment Reform
[[Page H8006]]
Act.'' This is a very timely bill that will help resolve, once and for
all, a local dispute stemming from the Wright Amendment. What we are
doing here today is important to my constituents and the north Texas
region.
I want to thank the Speaker and the Majority Leader for their
willingness to schedule this legislation. I also want to give special
thanks to Chairman Don Young; Ranking Member Oberstar; and Subcommittee
Chairman Mica for their leadership and excellent contributions in
crafting this responsible and beneficial compromise into legislation.
Their committee staff members also deserve a big, Texas ``Thank You''
for all of their hard work and support in this effort. I also want to
thank my staff director, Theresa Lavery, for her tireless work on this
issue.
As you may know, I have long supported the covenant between the
cities of Dallas and Fort Worth because I believe the best public
policy for the north Texas market is to have competing airlines, not
competing airports. Today's legislation embodies a compromise intended
to firmly cement the role of Dallas-Fort Worth International Airport
and Love Field Airport, and put to rest calls for immediate repeal of
the Wright Amendment.
This bill, once signed into law, will give our region and the
traveling public resolution on this issue and leave time for public and
private stakeholders to plan for final repeal in eight years. In the
interim, consumers across the Nation will reap the benefits of
immediate thru-ticketing at Love Field.
The compromise was hammered out in a deliberative fashion,
considering valid concerns and unique factors of operation that have
benefited the growth of the Dallas-Fort Worth metroplex since enactment
of the Wright Amendment. This bill is a balanced compromise that has
the support of Dallas and Fort Worth, as co-owners of DFW Airport.
Finally, this agreement ensures that Love Field will continue to
offer an important alternative for consumers while not diminishing the
capacity for competition available at DFW Airport. Growth at Love Field
is restricted, as it is a land-locked airport and therefore should not
be reconstituted for greater traffic with repeal of the Wright
Amendment. Love Field will be reduced to 20 gates over time, and this
will allow the residents of the area peace of mind concerning
pollution, noise, traffic, and safety concerns.
I view this agreement as facilitating a ``super'' airport, where the
terminals at DFW Airport serve national and international destinations,
and Love Field's gates provide a regional function with select national
routes offering direct competition via thru-ticketing. Importantly,
after eight years the Wright Amendment as it exists today will be
repealed. This is truly the best of both worlds for consumers in Texas
and throughout the country.
Mr. Speaker, local leaders have negotiated a thoughtful, viable
alternative to the status quo that should be supported. I commend
everyone involved for their efforts. I urge my colleagues to support S.
3661.
My fellow north Texas colleague, Congressman Burgess, has traveled to
Texas today for the funeral of his friend, Byron Nelson, but he would
like me to express his support for S. 3661. As a representative of DFW
International Airport, he feels strongly in protecting the economic
engine of north Texas. While he believes in the integrity of the
original Wright Amendment, he is pleased that the local entities'
constructed a compromise that met the needs and wishes of all parties.
Not only will the airports and airlines benefit from the compromise but
also the tens of thousands of employees and residents of north Texas.
Mr. Speaker, I certainly hope we will get a two-thirds vote, and I
again thank Mr. Sensenbrenner for yielding me 1 minute.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. Mr. Speaker and members of the various committees that
are on the floor, before I begin my comments it is my observation that
this may be the last bill that the House Judiciary Committee may be
involved in until we adjourn, and so it becomes my responsibility as
the ranking member to commend Chairman James Sensenbrenner for his
efforts as chairman over almost the last 6 years.
He has been on the Committee of Judiciary for many years, and I have
had the honor to serve and work with him throughout his career on the
House Judiciary Committee. He has worked hard all the way up to the
title of chairman.
{time} 1915
It has than been my pleasure and honor to join with him, and I would
like to just take a moment to tell you why I am making this statement.
The first thing that comes to my mind is the fact that he has done a
stellar job in protecting the jurisdiction of the Judiciary Committee.
In doing so, he has brought us more work than anybody ever has. We
handled more bills than almost any but one committee. And he has been
willing to stand up to special interests wherever his convictions lead
him.
Secondly, I commend this chairman for his willingness to protect the
integrity of our antitrust laws and fight for competition. Time and
time again, whether it was in sports, transportation or
telecommunication, I have been proud to work with him together to
ensure that America's consumers were protected from unfair competition.
Finally, I will never forget the unstinting work that he has put in
voter rights legislation, starting back in 1982 when we reauthorized
it, and certainly in 2006 where, without his strong leadership, we
would not have been able to forge a bipartisan coalition to pass the
bill, stronger and with greater ease in both bodies, than we have ever
been able to do before. There is no doubt in my mind that he has been a
leading, stalwart supporter of voting rights and its enforcement for
all Americans throughout his career.
I salute the chairman of the House Judiciary Committee for his many
years of service, particularly his leadership as chairman.
Now, Mr. Speaker, if I may return to the measure before us, because I
am impressed with the argument that has been propounded by all my
friends here, particularly the gentlewoman from Dallas, that there is
no intent in this bill's language to provide antitrust immunity.
I take everyone at their word, of course, and if that is so, I am
disappointed that the antitrust savings clause drafted by the House
Judiciary Committee has been eliminated. It has disappeared. We voted
this measure out with an antitrust provision. It has come back to us
today, just hot off the press from the other body, and there is no
antitrust provision. There has not been a sufficient amount of
discussion about that.
Now, we are all ``anti'' a lot of things, but I want you to know I am
not anti-consumer. These things called ``consumers,'' you know, are the
people in every district that are the ones called upon to vote and
expend their resources on everything, including air travel.
Mr. Speaker, I love Dallas, Texas. I don't know much about Fort
Worth, but I even get invited there from time to time, and I enjoy it
very much.
By the way, I want to mention the former Speaker of the House for
whom this amendment is named is someone who is remembered for his great
work, not only as a leader in the Congress from Texas but as the
Speaker of the House himself.
So, Mr. Speaker, to me, we have got a bit of difficulty here that may
be resolved by restoring the antitrust exemption. We put it in before.
Most of the Members that I am looking at have never expressed any
hostility toward the antitrust exemption itself. This agreement between
private parties missing the antitrust exemption is a very questionable
act that we are about to do in the closing hours of this session.
We, with the chairman of the Judiciary Committee's leadership,
amended the original bill to include the anti-savings clause, but this
so-called new bill, hot off the press, doesn't contain such
protections. It has never been considered by either the Transportation
Committee or the Judiciary Committee. It was drafted, and just
recently, I don't know what hour of the day or night, something
happened in the other body, but it has not been considered by any
committee on either side of the Capitol.
This new bill and the agreement preserves the Wright amendment for 8
more years, restricts the number of gates; and, if it weren't for this
antitrust scrutiny, it seems to me that we would all be able to agree
on supporting this measure.
So I rise very reluctantly, but nevertheless I have to do it. As I
have said, I am not anti-consumer. The Consumers Union has guided some
of my views in this matter.
Mr. Speaker, I include for the record a letter from the Consumers
Union, Gene Kimmelman, Vice President, as
[[Page H8007]]
well as an article from the Washington Post, ``Low-Fare, and Now No-
Fair.''
Consumer Federation of America,
September 29, 2006.
Dear Member of Congress: We are writing to urge you to
stand with American consumers by voting ``No'' today on H.R.
6228, the ``Wright Amendment'' legislation. This bill
codifies a private agreement between American Airlines and
Southwest Airlines, along with the cities of Dallas, Ft.
Worth and Dallas/Fort Worth Airport, to divide up the airline
market for Dallas at the expense of the flying public. The
Antitrust Division of the U.S. Department of Justice has
called the bill a ``per se'' violation of the antitrust laws.
The proponents of H.R. 6228 are employing extraordinary
tactics to bring this anti-consumer and anticompetitive
legislation to a vote in the final hours prior to
adjournment. In fact, the language of H.R. 6228 has never
been considered by the Transportation and Infrastructure
Committee, nor the Judiciary Committee. Even more
objectionable, however, is the fact that H.R. 6228 completely
ignores the vital work of the Judiciary Committee to strike
the ``deal's'' antitrust immunity provisions.
The Judiciary Committee approved an amendment by Chairman
Sensenbrenner and Ranking Member Conyers that would at least
ensure that the bill comply with the nation's antitrust
laws--laws enacted to protect consumers from this very type
of special interest legislation. Instead of honoring these
important amendments, the bill's proponents now bring this
unacceptable version to the House floor under suspension of
the rules. Erasing the important work of the committee
charged with protecting consumers from anticompetitive
behavior would constitute a breakdown of rational governance
in the House of Representatives.
Passage of H.R. 6228 would not only harm consumers and
competition in the Southeast and Southwest, it would be an
affront to citizens across the nation. We agree with the
attached column from The Washington Post which states, ``The
loser (in this deal), of course, was the only party with no
seat at the negotiating table--namely, consumers. Any
consumer representative would have immediately recognized the
deal for what it is--collusion between two dominant
competitors to limit supply, carve up a market and keep out
other competitors. In other words, a flagrant violation of
the antitrust laws.''
As you and your colleagues work to conclude your business
before the November elections, please don't forget about
American consumers. With this assault on the anti-trust laws,
a bad bill that affects an important part of the country has
become one of national significance. We urge you to vote
``No'' today on H.R. 6228.
Thank you for considering our views.
Sincerely,
Gene Kimmelman,
Vice President, Federal and International Relations,
Consumers Union.
Mark Cooper,
Research Director, Consumer Federation of America.
____
[From The Washington Post, July 28, 2006]
Low-Fare, and Now No-Fair
(By Steven Pearlstein)
It's been one of the longest-running David and Goliath
stories in American business.
Back in 1971, a scrappy, low-fare airline named Southwest
started service from Dallas's Love Field, challenging
American Airlines on its home turf and turning its back on
the big new Dallas-Fort Worth International Airport, the pet
project of the region's political and business establishment.
Years of litigation ensued as American and DFW tried in vain
to use the courts to deny Southwest access to Love Field.
Then Jim Wright, a Texas congressman and the House majority
leader at the time, attached a tiny little rider to an
unrelated piece of legislation that limited flights from Love
Field to destinations in Texas and four surrounding states.
Southwest soldiered on anyway, growing from its Dallas
roots to revolutionize American commercial aviation with
cheap airfares from other ``secondary'' airports.
But the Wright amendment always stuck in the craw of
Southwest's Herb Kelleher. So two years ago, the airline's
chairman launched an advertising and lobbying blitz to get it
repealed--``Wright is wrong'' was the catchy slogan. The
public began to get behind it, and some members of Congress
took notice--among them Sen. Kit Bond of Missouri, who pushed
through a little rider of his own adding St. Louis to the
list of approved Love Field destinations. Fares between the
two cities plunged and traffic soared.
Sensing the ground was shifting, American and the mayors of
Dallas and Fort Worth opened discussions with Southwest. Last
month, they announced they had finally struck a deal.
The agreement is premised on Congress repealing the Wright
amendment in 2014. Under the deal, Love Field would be
reduced from 32 to 20 gates, with 16 going to Southwest, the
others to American and Continental. In the meantime,
Southwest could offer one-stop flights and fares from Love to
anywhere it wanted. And to top it off, both American and
Southwest agreed, in effect, that they wouldn't add to the
total number of gates in the Dallas region.
It was, certainly, a good deal for American, which managed
to put off the biggest threat to its fortress hub at DFW
since the Justice Department took it to court in 1999,
accusing it of using predatory practices to crush competition
there. (That case got thrown out, alas.)
It was also a sweet deal for Southwest, which could add
significantly to its Dallas traffic while keeping JetBlue or
some new upstart from challenging its domination at Love
Field.
Perhaps the biggest winner of all, however, was DFW, which
was already reeling from Delta Air Lines' decision to close
its Dallas hub and was desperate not to lose more traffic to
Love.
The loser, of course, was the only party with no seat at
the negotiating table--namely, consumers. They would have to
wait another eight years for full repeal of the Wright
amendment, and even then, there would not be the kind of
robust competition that has produced airfares elsewhere that
are half of what they are in and out of DFW.
Any consumer representative would have immediately
recognized the deal for what it was--collusion between two
dominant competitors to limit supply, carve up a market and
keep out other competitors. In other words, a flagrant
violation of antitrust laws. That's why, when legislation was
introduced this month by Texas Sen. Kay Bailey Hutchison to
codify the deal, it contained a blanket antitrust exemption.
Normally a free-market Republican, Hutchison defends this
deal as a local solution to a seemingly endless local
dispute, preferable to anything Washington might come up
with. And from a competition standpoint, it's certainly
better than the status quo.
How much better, however, is open to debate. An unnamed
staff attorney at the Justice Department's antitrust division
wrote in a review of the legislation that it ``narrowly
benefits the area's two dominant airlines at the expense of
everyone who would benefit from real competition.''
Meanwhile, several airlines voiced opposition. ``We are
concerned when any number of carriers get together to decide
how big an airport should be and who should operate at that
airport,'' said Ed Faberman, executive director of the Air
Carrier Association of America.
All of this flak has set back Hutchison's plans to fast-
track the legislation through Congress. Rep. James
Sensenbrenner, chairman of the House Judiciary Committee,
demanded this week that the legislation be referred to his
committee rather than brought up on voice vote as
uncontroversial. And in the Senate, Vermont Democrat Patrick
Leahy promised a parliamentary challenge to Hutchison's plan
to tack it onto an appropriations bill.
Back in Dallas, meanwhile, Southwest is struggling to
square its starring role in ``Wright Redux'' with its image
as an evangelist for ``unfettered airline competition.''
Company officials adamantly reject the idea that the
agreement will make it harder for other low-cost carriers to
enter the market.
``Any airline that wants to serve the [region] can go to
DFW today and fly anywhere they want,'' spokesman Ed Stewart
explained to the Fort Worth Star-Telegram.
Funny. That's almost word for word what American used to
say in defending the Wright amendment against criticism from
Southwest.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 1\1/2\
minutes to the gentleman from Minnesota (Mr. Oberstar).
Mr. OBERSTAR. Mr. Speaker, I had two concerns about the agreement
that came from the two cities. The first was safety.
Years ago, I held hearings when I chaired the Aviation Subcommittee
on Safety at Love Field, between Love Field and Dallas. There are only
2 miles of air space in the approach and departure patterns of those
two airports. I was concerned that removing the limitations on
operations at Love Field would create greater safety concerns than they
did at the time. Since then, the FAA has fixed the safety issue with an
innovative departure and arrival arrangement that will assure safety,
provided there is no increase in operations.
That leads us to the second issue, and that is competition. The
agreement limits the number of gates to 20. That is something that
local citizens are concerned about, noise, safety, congestion. Congress
has a right to act on safety and on noise and to limit operations in
the interests of safety and of noise, without infringing upon the
antitrust issue. In fact, the language that we have before us is an
improvement over the agreement of the two cities that in fact would
have had antitrust implications.
So the antitrust exemption has been removed, but the bill directs
action and closing of gates, which is an authority Congress has, in the
interest of safety and congestion.
[[Page H8008]]
Mr. Speaker, I rise in support of H.R. 6228, The Wright Amendment
Reform Act, which would implement the agreement reached by the Cities
of Dallas and Fort Worth, the Dallas/Fort Worth International Airport
Board, American Airlines and Southwest Airlines to reform the so-called
``Wright Amendment.''
The Wright Amendment was an effort by our former colleague, Jim
Wright, then Majority Leader, later, Speaker Wright, to codify an
agreement reached in 1979 among the Dallas and Fort Worth business and
political communities, and Southwest Airlines, which resisted efforts
to move its operations to the newly opened Dallas/Fort Worth (DFW)
Airport. This agreement ensured that DFW would be the primary airport
for the DFW metropolitan region, and that Love Field would remain a
limited, short haul airport.
Recently, the Dallas and Fort Worth communities, along with American
Airlines and Southwest Airlines, came forward with a new agreement that
would, in their view, make repealing the Wright Amendment acceptable.
The Transportation & Infrastructure Committee has chosen to deal with
the issues surrounding the Wright Amendment legislatively, rather than
allow it to erode piecemeal as it has over the years, without a view to
the larger national aviation context. The ``stakeholders'' in this
process are not just the Cities of Dallas and Fort Worth, the airlines,
nor the airport authorities. The ``stakeholders'' are all Americans.
If you approve a law for an additional highway on the East Coast, it
does not do much for traffic on the West Coast. However, if you approve
a law for additional feet of runway at an airport on the East Coast, it
does make traffic from the West Coast more accessible to the East Coast
because of the nature of air travel. Similarly, dealing with DFW and
Love Field is a national matter.
H.R. 6228, would implement three core provisions of the parties'
contract: to repeal the Wright Amendment 8 years after enactment of
this Act; eliminate the restrictions on through-ticketing from Love
Field; and to cap the Love Field gates at 20 in perpetuity.
Importantly, the bill addresses two very significant issues that I
raised in Committee: safety and new entrant access.
Love Field is approximately 8 miles from DFW. In 1991, when I served
as Chairman of the Aviation Subcommittee, I held a hearing during which
significant safety concerns were raised regarding the potential
expansion of flights at Love Field. Many witnesses attending that
hearing expressed concern that the proximity of approach and departure
procedures to and from both DFW and Love Field, along with conflicting
flight patterns, could decrease the margin of safety.
While I have the utmost confidence in our nation's air traffic
controllers, I want to ensure that by adding more flights at Love
Field, we are not reducing the cushion of safety. Controllers should
not need to slow air traffic to accommodate the safety margin, nor
should they be compelled to operate at the outside of the power curve
to avoid delays in and around the Dallas-Fort Worth area.
H.R. 6228 addresses this very significant issue by including a
provision that prohibits the legislation from taking effect until the
Federal Aviation Administration (FAA) notifies Congress that additional
aviation operations in the airspace serving Love Field and the Dallas-
Fort Worth area, which are likely to be conducted after the enactment
of this Act, can be accommodated in full compliance with FAA safety
standards, in accordance with the FAA's mandate to maintain safety at
the highest possible level, and without adverse effect on airspace use
in the area.
The second issue is competition. The agreement would change the gate
availability at Love Field to greatly increase the difficulty of any
carrier other than Southwest or American to serve Love Field.
Currently, there are 32 gates at Love Field, with 19 in use, and 13
available for new entrants. The agreement would reduce the gates to 20,
and allocate all of these gates to American, Southwest, and
Continental. To ensure that a prospective new carrier would have
reasonable access to these 20 gates at Love Field, H.R. 6228 preserves
the FAA's authority to enforce grant assurances that obligate Love
Field to make its facilities available on a reasonable and non-
discriminatory basis.
Further, Love Field continues to be subject to all federal
requirements relating to safety, security, labor, environmental, civil
rights, small business concerns, veteran's preference, disability
access and revenue diversion that are applicable to all airports.
As to antitrust issues, this legislation does not implicitly or
explicitly provide antitrust immunity to the parties. However, the
legislation directs the City of Dallas to reduce the number of
operational gates to no more than 20, which includes the removal of the
6 so-called Lemmon Avenue gates, and allows the City to allocate the
use of the remaining gates based on existing leases and obligations.
These directives could be advanced as a defense in an antitrust case.
Accordingly, I want to thank the Chairman Young and the Texas
delegation for working with me on this legislation to ensure that my
concerns on safety and new entrant access are addressed and I urge my
colleagues to support H.R. 6228.
wright amendment reform act antitrust bullets
The Judiciary Committee opposed the original bill reported by the
Transportation Committee because our bill included an exemption from
the antitrust laws. To meet this concern the bill has been modified to
remove the exemption. This change met the antitrust concerns of the
Chairman of Senate Judiciary who now supports the bill.
The House Judiciary Committee Chair argues that even though the
antitrust exemption has been removed, the bill still directs actions,
such as the closing of gates, which would violate the antitrust laws if
done by agreement of private parties. This is not a valid argument.
Congress has the authority to direct the closing of gates for safety,
environmental or economic reasons, even if private parties would not be
allowed to do this under the anti-trust laws. The antitrust laws are
only Congressional legislation, and Congress can pass subsequent
legislation creating exceptions.
Mr. MICA. Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the
gentlewoman from Texas (Ms. Granger), one of the prime crafters and
initiators of this compromise agreement.
Ms. GRANGER. Mr. Speaker, I would first like to thank the House
Transportation Committee for their work on this bill and the leadership
of Chairman Don Young, Ranking Member Oberstar and Aviation
Subcommittee Chairman Mica.
Also, I want to thank the Speaker and Majority Leader for working so
hard to get this bill done and on the floor.
All of the Texas delegation, including our two Senators, have played
a part in making this bill possible; and the five stakeholders, the
cities of Dallas and Fort Worth, American and Southwest Airlines and
Dallas-Fort Worth International Airport, have all come together in
really an unprecedented way to forge an agreement and get this issue
behind us.
The Mayors of Fort Worth and Dallas and community leaders met from
both cities for months putting this agreement together, and they
deserve much credit. Everyone gave up something for the better good,
and then they gave their product to us to put into law, as is required
for this to work.
Having worked and struggled with this issue for 15 years, first as
Mayor and then as Congresswoman, I am more than ready to move on to
something else and proudly support this legislation and urge a yes vote
for its passage.
I also extend to Mr. Conyers an invitation to come to Fort Worth. You
will love it, and they will love you for helping with this bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield 30 seconds to the gentleman
from Michigan (Mr. Conyers).
Mr. CONYERS. Mr. Speaker, I thank the chairman of the Judiciary
Committee.
Mr. Speaker, I have heard the best arguments presented about why this
is a good measure: Safety is increased, noise is decreased, congestion
is mitigated, competition is increased. Is there anybody on any of the
committees that wants to say something about the consumers? Is that
something that hasn't been contemplated up until now?
Come on, guys. Give me a break. Consumers consist of everybody in
America. They are not just in Texas.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 30 seconds
to the gentleman from New York (Mr. Meeks).
(Mr. MEEKS of New York asked and was given permission to revise and
extend his remarks.)
Mr. MEEKS of New York. Mr. Speaker, I rise to urge all of my
colleagues to support S. 3661. This is a fair and pro-consumer
compromise that is in the public's best interests and was passed by
unanimous consent this afternoon by the Senate.
Local communities should have input to limit airport size in order to
deal with the issues of noise, congestion and safety. Accordingly, this
bill respects the desire of the community to make sure that the more
urban of its two airports does not become overbearing. Failure to do so
will send a signal that the Federal Government is prepared to override
every other community that wants to limit the size of its airport
facilities to protect the environment for safety reasons.
[[Page H8009]]
I urge my colleagues to vote ``yes'' on S. 3661.
Mr. SENSENBRENNER. Mr. Speaker, I yield 30 seconds to the gentleman
from Michigan (Mr. Conyers).
Mr. CONYERS. Mr. Speaker, to my brother from New York, Brother Meeks,
this is a pro-consumer compromise that all the consumer organizations
that I have consulted and that have consulted me are strenuously
opposed to. Can anyone can explain to me how this is a pro-consumer
bill?
{time} 1930
Mr. MICA. I am pleased at this time to yield to one of the most
distinguished Members, not only of the Texas delegation but of the
entire Congress, a real hero, Sam Johnson, for 2 minutes.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I appreciate that. And I thank
the gentleman for his opposition. The fact is that you have the whole
Lone Star State delegation backing a bill to repeal that outdated
Wright amendment.
Back in 1979, Congress created that law. Look at there. That is what
those stewardesses were wearing in those days. That is where we were
from, and today is a victory for freedom and free enterprise. That was
1979. People had mood rings, Rubik's cubes, smiley face stickers, and
pet rocks. Just like this picture, so much has changed since 1979; but
the Wright amendment never did.
I want to commend officials in north Texas who worked tirelessly to
craft a local compromise that works for all parties involved. For
Texans, the traveling public, we are making history. It is not perfect.
In my opinion, it doesn't do the job fast enough. But there is one
thing I have learned in the people's House: you have got to give a
little to get a little.
Here, compromise can save the day, and it gives me great pleasure to
come into the 21 century and cast my vote to end the outdated Wright
amendment once and for all.
Mr. MICA. Mr. Speaker, I have one additional speaker at this time,
another great Texan, a wonderful representative from the State, Mr.
Sessions. I yield to him 1 minute.
(Mr. SESSIONS asked and was given permission to revise and extend his
remarks.)
Mr. SESSIONS. Mr. Speaker, I thank all the gentlemen and ladies who
are here on the floor tonight talking about the Wright amendment, that
we are going to pass this amendment tonight.
But to answer the gentleman's question from Michigan, the reason why
this is a pro-consumer bill is that effective immediately, when the
President signs this, every single person that takes off from Love
Field will be able to ticket through wherever they want to go. Today,
they have to ticket through to an adjacent State that is close to them,
they have to get off the airplane, they have to get their bags, and
they have to reticket through.
This is a pro-consumer bill. This is the right thing to do. We have
come together as a delegation. I am asking for all the Members of the
United States Congress to please support the bipartisan attempt between
the cities of Dallas and Fort Worth, between the airlines to do
something favorable for consumers tonight.
Our majority leader, John Boehner, was aware of this issue. It has
been a continuing, simmering, boiling issue for the Texas delegation.
We have asked that it be brought here. I am asking for everybody's
vote. Vote tonight ``aye.''
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of time.
Mr. Speaker, some nights when I drive out of here and go home, I
follow some of my Texas friends out of the garage that have a big
bumper sticker that says: ``Don't Mess With Texas.'' Tonight is one of
the nights where I think we ought to mess with Texas, because what is
being proposed here is going to increase the fares of anybody who goes
to Texas or decides to go out of the Dallas-Fort Worth area by a
significant amount, because it protects monopoly status until 2025.
This is the most anticonsumer, antifree enterprise legislation that has
come before this House in a long time.
At Dallas-Fort Worth, approximately 85 percent of all passengers
board an American or American Air regional carrier flight. This keeps
American's near monopoly at DFW. And at Love Field, Southwest has a 95
percent market share.
Now, without the Wright amendment, both of those market shares are
monopolistic. And despite what you hear about how this does away with
the Wright amendment, it keeps these monopolies in place until the year
2025.
There has been a lawsuit that has been filed against Love Field by
people who are standing up for consumers. This legislation extinguishes
that lawsuit. The people who filed their lawsuit won't have a day in
court to be able to get a fair determination by the judge, because what
it does is it provides a backdoor antitrust exemption.
Now, we have to ask ourselves as elected representatives of the
people whether we are going to allow a private group of local officials
and business people in any community to come to Congress to get
themselves exempted effectively from an antitrust law. What this bill
does is it effectively delegates that power on this issue to the people
who came to Congress, and they asked us to ratify this agreement. We
shouldn't be delegating antitrust immunity to anybody. That should be
determined by the court.
So if you believe in the operation of the law and letting people have
their day in court, this bill ought to be voted down, particularly if
you represent the 42 States that aren't covered by the Wright
amendment.
Mr. Speaker, I yield back the balance of my time.
Mr. MICA. Mr. Speaker, I submit for printing in the Record a
statement relating to the Wright Amendment Reform Act and the antitrust
issues that have been raised, and information relating to how S. 3661
will enhance airline competition and benefit consumers, in response to
questions that have been raised in regard to those items.
Wright Amendment Reform Act--Antitrust Issues
The Judiciary Committee opposed the original Wright
amendment bill (H.R. 5830), which was reported by the
Transportation and Infrastructure Committee, because our bill
included an exemption from antitrust laws.
To meet the concerns expressed by the Judiciary Committee,
S. 3661 has been modified to remove the exemption.
Chairman Sensenbrenner argues that even though the
antitrust exemption has been removed, S. 3661 still directs
actions, such as the closing of gates, which would violate
the antitrust laws if carried out through an agreement of
private parties.
This is not a valid argument. Congress has the authority to
direct the closing of gates for safety, environmental or
economic reasons, even if private parties would not be
allowed to do this under the antitrust laws.
S. 3661 Will Enhance Airline Competition and Benefit Consumers
Congress Must Fix Mess that it Created by Enacting Amendment
The Wright amendment was intended to protect the then-new
Dallas-Fort Worth International Airport, DFW.
Since DFW is now the third-largest airport in the U.S. in
terms of annual passenger enplanements, the Wright amendment
is no longer needed.
By restricting commercial air service out of Dallas Love
Field to cities in Texas and eight surrounding states, the
Wright amendment has resulted in higher fares and fewer
service options for consumers in the Dallas-Fort Worth
market.
Immediate Repeal of Wright Amendment No Viable Option
Due to complex and long-standing political, economic and
environmental concerns, the ideal solution--immediate repeal
of the Wright Amendment--was not supported by the Cities of
Dallas and Fort Worth, local communities and affected
airlines.
Consequently, S. 3661 represents a locally-generated,
bipartisan compromise that balances carefully the interests
of the local parties.
Consumers Will Benefit Immediately Under S. 3661
S. 3661 will intensify competition in the entire Dallas-Ft.
Worth market by lifting all existing geographic restrictions
on commercial air service at Dallas Love Field in eight
years.
Two independent studies found that S. 3661 will increase
traffic to and from North Texas by 2 million passengers
annually and produce $259 million per year in fare savings
immediately.
Airlines serving Dallas Love Field could immediately begin
marketing connecting commercial air service from Love Field
to cities outside the Wright Amendment's geographic area.
20-Gate Limitation at Love Field Will Not Hinder Competition
Due to safety and environmental concerns raised by local
communities, S. 3661 would limit capacity at Dallas Love
Field to 20 gates for commercial service.
[[Page H8010]]
S. 3661 would not reduce existing capacity at Dallas Love
Field, where fewer than 20 gates are currently being used by
airlines for commercial air service.
S. 3661 protects existing procedures that ensure any
airline seeking to provide new commercial passenger service
at Love Field may do so.
In addition to utilizing Dallas Love Field, airlines that
wish to provide new commercial service to the Dallas-Fort
Worth area can operate at DFW Airport, which is located just
eight miles from Love Field and currently has 20 unused
gates.
I am pleased now to yield 1 minute to a very distinguished member of
the Transportation and Infrastructure Committee, a newer member on the
team but has also heard this issue, Kenny Marchant, the gentleman from
Texas.
Mr. MARCHANT. Mr. Speaker, the Wright amendment is the number one
business issue in my district, District 24. American Airlines
headquarters and Dallas-Fort Worth International Airport are both based
in District 24.
The job statistics speak for themselves: American Airlines has 7,300
employees in my district, and DFW Airport itself has 16,000 jobs. The
airport itself is responsible for almost 260,000 jobs in the metroplex.
Therefore, it is obvious that the people of my district have a lot
riding on this bill.
Mr. Speaker, the Wright amendment was a unique law created for a
unique circumstance; therefore, its repeal calls for a unique solution.
I think the bill before us today provides just that, and I urge the
House to suspend the rules and pass the bill.
Mr. MICA. Mr. Speaker, I am very pleased to yield to the
distinguished Chair of the full Transportation and Infrastructure
Committee, a gentleman who has helped craft this historic agreement and
codify it today, Mr. Young.
Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding.
I want to thank the Texas delegation for working together to bring
forth this bill and solving a problem. My job is to solve problems, and
this bill does solve a problem. It takes two cities and puts them
together, and allows the State to go forward and we won't have this
problem before us anymore.
A lot of times we lose sight of solving problems in this body by
hanging up on jurisdiction or hanging up on a small clause. But we are
the people that write the laws, we create the laws, and we try to make
them work.
This is a bill that will take and rectify a mistake, I believe, in
the past, and bring both parties together, both cities together, all
airlines together, and provide for the service of the people of Texas
and this Nation. I urge the passage of this bill.
Mr. COSTELLO. Mr. Speaker, I rise today to support S. 3661, the
Wright Amendment Reform Act of 2006.
I'd like to thank Chairman Young, Mr. Mica, Mr. Oberstar, and Mr.
Johnson for their hard work on getting0legislative agreement on
repealing the Wright amendment. I know there was a lot of ``give and
take'' on both sides to reach this legislative agreement.
In particular, Ms. Johnson has been a leader on this matter and she
should be commended for her hard work. Without her persistence, we
would not be here today.
This legislation seeks to fully repeal the Wright amendment, with
several conditions.
In 1979, the cities of Dallas and Fort Worth came together and
reached an agreement to have one regional airport--Dallas/Fort Worth
International Airport, DFW--thus restricting service at other local
airports. This local agreement was codified by congressional action
known as the Wright amendment.
The Wright amendment was a logical step when enacted in 1979. It
brought stability to the north Texas air market.
As a result, I have supported the Wright amendment as a way to
enhance DFW's growth and development. The airport has done its part by
fueling the region's economy.
However, today, DFW is far from a small regional airport. As an
international airport, its influence is far-reaching and has become a
major player in markets that other airlines could not serve from Love
Field.
In response, some have sought to repeal the Wright amendment through
a piecemeal approach, an approach that is ineffective and very poor
policy.
On June 15, 2006, it was announced that American, Southwest, DFW
Airport, and the cities of Dallas and Fort Worth worked out a local
agreement.
The Aviation Subcommittee held a hearing July 12, 2006, on this
historic agreement where many questions, concerns, and issues were
addressed.
While S. 3661 addresses many of those concerns, I must say that I
have reservations that by accepting this agreement, we are restricting
the aviation capacity at Love Field.
Congress, in part, will be making it harder for new airlines to enter
the market--5 years, 10 years, or even 20 years from now--by allowing
the infrastructure that a new competitor will need at Love Field to be
destroyed.
I question the idea of restricting and destroying infrastructure that
could be used in the future in order to address a problem today.
I hope the Transportation and Infrastructure Committee and the FAA
will closely monitor the implementation of this legislation to ensure
consumer protection, economic growth, and competition.
Mr. Speaker, that said, I will support S. 3661.
Mr. BURGESS. Mr. Speaker, I rise today in strong support of S. 3661,
the Wright Amendment Reform Act of 2006. As a representative of D/FW
International Airport, I have always felt strongly in protecting the
economic engine of north Texas. To this day, I still believe in the
integrity of the original Wright amendment; however, I am pleased that
the local entities' constructed a compromise that met the needs and
wishes of all parties. It was long in coming, but thorough in its
mission. Not only will the airports and airlines benefit from the
compromise but also the tens of thousands of employees and residents of
north Texas.
I commend all the parties associated with this historic compromise.
At the urging of Congress, Mayor Moncrief of Fort Worth and Mayor
Miller of Dallas spent endless hours working on the best deal possible
for the region. Together with DFW International Airport, American
Airlines, and Southwest Airlines, they brought to Congress an agreement
that will protect and benefit my constituents and allow for better
service at Love Field. I sincerely thank the mayors for their
commitment and dedication to this delicate and complicated task.
Also, the north Texas delegation has worked endlessly on this matter,
and the passage of this legislation today is a testament to the
determination and dedication of my colleagues. We have all had to make
concessions, but at the end of the day, the enactment of this
legislation is crucial for our districts.
I ask for my colleagues to support the north Texas delegation and as
we try to solve a unique problem with this unique and important
legislation.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of S. 3661,
the Wright Amendment Reform Act. This legislation implements a locally
achieved compromise resolving the longstanding controversy over the
1979 Wright amendment, which imposed Federal restrictions on commercial
airline service to and from Dallas Love Field.
I note Mr. Speaker that all of the key stakeholders--Southwest
Airlines, Fort Worth, DFW Airport, American Airlines, and the city of
Dallas--support the locally achieved Wright amendment compromise and
urge Congress to approve this legislation. But as Southwest CEO, Herb
Kelleher, states: ``The only victor, the only sure fire winner from
this locally achieved agreement, is the public--the public citizens who
will find it easier and far less expensive to travel to and from North
Texas for business and personal reasons; the citizens who will reap
vast economic benefits in their communities from enhanced travel and
tourism, at a lower cost.''
A key component of the compromise is the change in Federal law
embodied in the legislation allowing Southwest Airlines to immediately
begin selling ``through tickets'' for travel to and from Dallas Love
Field. This change will enable Love Field customers to travel on a one-
stop basis to and from cities within our nationwide system which are
outside the limited number of States Southwest currently is allowed to
serve under the terms of the Wright amendment.
A recent study indicates that through ticketing at Dallas Love Field
will increase passengers traveling to and from north Texas by 2 million
annually and produce $259 million per year in fare savings.
Additionally, the study found that through ticketing will generate over
$2 billion annually in spending and related economic activity for north
Texas and for many communities outside the current Wright amendment
perimeter.
Because of through ticketing, the local compromise will have a very
significant and widespread economic impact from the beginning. Further,
the local compromise calls for the Wright amendment to be repealed in
its entirety in 8 years, allowing airlines serving Love Field to fly
nonstop to any domestic destination--generating substantial additional
economic benefits for consumers nationwide.
Approval of this legislation by the Congress will bring to a close a
dispute that preoccupied the Dallas Metroplex for nearly 30 years all
the while negatively impacting the rest of the Nation. I applaud
Congresswoman Eddie Bernice Johnson and other members of the Texas
congressional delegation for their yeoman work in bringing this saga to
a happy
[[Page H8011]]
conclusion. I ask my colleagues to join me in supporting this
legislation. I ask you to vote for S. 3661.
Mr. HENSARLING. Mr. Speaker, as many know, last year, I authored the
Right to Fly Act which would completely and immediately repeal the
Wright Amendment. The legislation ignited quite a debate in the
metroplex.
Within a year the cities of Dallas and Fort Worth as well as D/FW
Airport, American Airlines and Southwest Airlines reached an historic
consensus among them. I saluted Mayors Miller and Moncrief for their
tenacity and leadership in forging that consensus. Although
disappointed, I certainly was not surprised to learn that their plan
did not mirror my own. Still, I stood ready to compromise and support a
congressional plan that provided immediate ``through-ticketing'' and
full repeal of Wright 8 years later. Then I read the fine print.
Although I respect my Congressional colleagues with differing
opinions, in my view, the Wright Amendment is not really repealed under
this plan. It is simply repackaged. As a fervent supporter of free
markets, I simply believe that the U.S. Congress should not interfere
in the market competition between airports.
Still, I have always maintained a willingness to support Wright
Amendment repeal plans aside from my own as long as they met a two-fold
test: (1) the plan clearly benefits consumers and (2) the plan removes
Congress from the business of airport protectionism, which costs us
greatly. According to the Department of Transportation, we pay about
\1/3\ more for long distance airfares.
With respect to consumers, I am concerned that the agreement
essentially constitutes an 8 year extension of the current Wright
Amendment as opposed to a gradual phase-out. One study indicated that
consumers annually pay almost $700 million extra in airfares due to the
Wright Amendment. An 8-year extension would cost consumers an
additional $5 billion--which, even by Washington standards, is a big
number and a huge burden to American families.
On the other hand, I believe immediate ``through-ticketing'' can
positively impact competition and airfares. American Airlines and
Southwest Airlines commissioned a study--the findings of which I
announced at a recent Congressional Hearing on the Wright Amendment--
that concluded that through-ticketing can produce $259 million in fare
savings annually. I find it encouraging that consumers could recoup
some of their losses from this part of the local agreement.
My main concern is that the agreement does not get Congress out of
the business of interfering with airport competition. That is the
essence of the Wright Amendment, not the specific interference of
perimeter restrictions. For example, in the local agreement, the City
of Dallas agrees to reduce the number of gates at Love Field from 32 to
20. Though I might not like it, I respect their right to contractually
bind themselves and decide whether Love Field is limited to 20 gates,
10 gates or even shut down. It is their airport.
But I believe it is wrong for the parties to ask Congress to
establish into Federal law their private contractual obligations. Those
are enforceable in court. By including these privately made agreements
in a new federal law, Congress would be replacing one complex set of
anti-competitive rules with another. Terminating today's version of the
Wright Amendment, whereby Congress imposes distance limitations on an
airport, only to replace it with a new version of the Wright Amendment
whereby Congress imposes gate limitations on an airport, does not
constitute repeal--today, in 8 years or ever. Additionally, the unusual
anti-trust exemption language is troubling.
For far too long the Wright Amendment has been a burden on both
consumers and the national economy. In the spirit of compromise, I
again would support a simple federal law that would enact immediate
through-ticketing, fully repeal of Wright in 8 years while respecting
the rights of American Airlines, Southwest Airlines, D/FW and the
cities of Fort Worth and Dallas to otherwise enter into lawful
contracts to mutually bind themselves as they choose.
Try as I may, I cannot in good faith support the current bill, which
I fear simply replaces one version of the Wright Amendment with
another.
Should this legislation become law, I hope it proves to be of
significant benefit to the air traveling public. If it does, I will
take some satisfaction knowing I helped play a small role as its
catalyst.
The SPEAKER pro tempore (Mr. Bass). The question is on the motion
offered by the gentleman from Florida (Mr. Mica) that the House suspend
the rules and pass the Senate bill, S. 3661.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
____________________