Sports Leagues' Concerns on Flight Restrictions Waiver

Floor Speech

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Mr. LIEU. Mr. Speaker, I include in the Record a Statement of Administration Policy about protected airspace over major sporting events. Temporary Flight Restrictions over stadiums and related facilities have been in effect for over 20 years, since Congress first enacted them into law in 2002. Congress acted not to protect the stadiums themselves, but the millions of fans who attend events and the athletes who compete in them. I submit as well a letter from the security directors of the National Football League, Major League Baseball, the National Collegiate Athletic Association and NASCAR, in which they affirm that the Temporary Flight Restrictions. which Congress created, form an essential part of the security architecture that protects these events. Section 813 of the pending bill opens up this airspace, putting those fans and athletes at undue risk. There is no valid public policy reason for it. I urge that before this legislation becomes public law, the decision to weaken these restrictions be reversed and the current law be left undisturbed. Statement of Administration Policy H.R. 3935--Securing Growth and Robust Leadership in American Aviation Act July 17, 2023

The Administration supports enactment of a Federal Aviation Administration (FAA) reauthorization bill and applauds the bipartisan work of the House Transportation and Infrastructure Committee. The Administration is focused on ensuring that the aviation sector works well for the American people, and reauthorizing the FAA in a timely manner will help achieve that goal. H.R. 3935, the Securing Growth and Robust Leadership in American Aviation Act, would enhance aviation safety; invest in, and improve on-the-job safety for, our aviation workforce; integrate into the national airspace system new entrants such as Advanced Air Mobility and Commercial Space operators; strengthen passenger rights; and improve our aviation infrastructure.

The Administration looks forward to working with the Congress to address the Administration's concerns with this legislation, a number of which are outlined below.

Protection of Aviation Consumer Rights and Promotion of Competition.

The Administration is strongly committed to protecting the rights of aviation consumers and promoting competition in the aviation industry. The Administration opposes provisions in the bill that would reverse important gains made by this Administration to combat junk fees in the airline industry and would eliminate longstanding consumer protections. The Administration believes that the disclosure requirements currently in place for passenger tickets are necessary to help consumers comparison shop for a ticket. The Administration encourages the Congress to include the Administration's proposals to expand consumer protections by banning family seating junk fees, requiring up-front disclosure of add-on fees, and requiring automatic refunds and additional compensation for controllable flight cancellations and delays. The Administration further supports opening up airport gate access and preventing anticompetitive practices that block new entrants. International Commitments.

While the Administration appreciates the language aimed at ensuring continued U.S. implementation of Open Skies agreements while promoting labor standards for U.S.-based aviation sector workers, the Administration also urges the Congress to add provisions to implement U.S. international commitments and ensure our aviation partners follow suit. The bill should be amended to include provisions for U.S. implementation of global market-based measures of the International Civil Aviation Organization, and to establish U.S. leadership relating to the understanding and mitigation of the non-Greenhouse Gas climate impacts of aviation. Agency Restructuring.

While the Administration supports the goal of improving the efficiency of the organizational structure of the FAA, it does not support the proposed changes in FAA rulemaking review and the weakening of the Administrator's ability and authority to determine the appropriate size and allocation of the air traffic controller workforce. The Administration also has concerns with provisions that would make fundamental changes to the agency's structure, eroding the discretion of the Administrator to manage the agency in the most efficient manner. Implementation Timelines and Program Changes.

The legislation includes multiple rulemakings, reviews, reports, and other requirements with aggressive time lines, along with the creation of numerous programs that are not conditioned on the availability of appropriations.

The Administration is also concerned that proposed major structural changes to airport infrastructure programs are untested, and may be difficult to implement depending on the level of resources made available. The bill would also reduce the amount of competitive airport grant funding, which would reduce the FAA's ability to address important safety and capacity issues. Standards for Airport Service Workers.

The Administration urges the Congress to include provisions that will improve job quality for, and therefore aid in the recruitment and retention of, those who clean planes, handle baggage, assist passengers who use wheelchairs, and provide other services critical to safe, stable, and timely operations for aviation customers. Age Standards for Pilots.

The bill includes a provision that would raise the retirement age for pilots in commercial operations. Making this change without doing research and establishing any necessary policies would be outside the international standard. Maintaining Safe and Secure Airspace During Major Sports Events.

While the Administration supports the goal of providing accessibility to and public use of the national airspace, it is concerned that provisions proposed in the bill could introduce unnecessary risks to those attending major sporting events if the effectiveness of safety and security buffers currently provided by temporary flight restrictions were to be decreased. To the extent that the proposed provisions are intended to accommodate airshows, the Administration urges the Congress to consider alternative methods to deconflict airshows and major sports events rather than potentially put aviation operations in close proximity to events attended by millions of Americans each year. July 18, 2023.

Dear Members of Congress: We write to urge you to oppose the weakening of a law that protects the millions of sports fans and spectators who attend professional and collegiate sporting events each year. The current statutory ban on aircraft--including unmanned aircraft systems (``UAS'') or drones--flying over large stadium sporting events throughout the country provides necessary safety and security protections against real and potential threats.

We are deeply concerned about section 813 ofthe House version ofthe Federal Aviation Administration (``FAA'') Reauthorization Act. If adopted, the language would establish a broad and complex waiver program that would permit countless aircraft to fly near and over stadiums during games, putting millions of fans at risk, and unnecessarily so. Congress wisely eliminated a similar waiver program back in 2003, after discovering troubling and persistent failures, gaps, and vulnerabilities in the process for conducting background checks and issuing waivers.

The FAA first established flight restrictions over large stadium sporting events immediately following the terrorist attacks of September 11, 2001, in response to concerns about terrorists using aircraft as weapons. Congress subsequently twice codified and strengthened these restrictions, providing specific criteria for aircraft operations permitted within the flight restricted area. Section 813 would effectively eliminate the specific criteria and replace it with an open- ended waiver program.

The long-standing, congressionally mandated flight restriction enhances the safety and security of large stadium events, while minimizing the disruption to the National Airspace System (``NAS''). Specifically, airspace over large stadiums--with a seating capacity of 30,000 people or more and where a NFL, MLB, and NCAA Division I football games or major motor speedway events, such as NASCAR and INDYCAR races, are taking place--is closed to all aircraft from one hour before until one hour after a major sporting event. The flight restrictions extend to three nautical miles from the center of the stadium and from the surface to 3,000 feet above the stadium. The flight restrictions do not apply to authorized aircraft, such as Department of Defense, law enforcement or air ambulance flight operations, or those in contact with air traffic control for take offs and landings at nearby airports, among others.

Having devoted substantial resources to secure our stadiums on the ground, we regard the stadium flight restriction as essential to safeguarding the airspace overhead. Moreover, given the proliferation of UAS in our NAS, as well as the continuing need to remain vigilant to other current and emerging risks, the stadium flight restriction is as vital now as ever to our national security and public safety. We believe section 813 complicates the airspace over stadiums, compromises public safety and security, and courts potential disaster.

We, therefore, urge you to uphold current law and maintain existing flight restrictions that protect the safety and security of millions of fans who attend large stadium sporting events every year. Sincerely, Cathy Lanier,

Chief Security Officer, National Football League. David Thomas,

Vice President, Security and Ballpark Operations, Major League Baseball. Bill Rhodes,

Managing Director, Security, National Association for Stock Car Auto Racing. Dan Gavitt,

Senior Vice President, National Collegiate Athletic Association.

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