Providing For Consideration Of H.R. 3935, Securing Growth And Robust Leadership In American Aviation Act, And Providing For Consideration Of H.R. 3941, Schools Not Shelters Act
Mr. Speaker, I rise in opposition to H. Res. 597, the rule providing for consideration of the reauthorization bill for the Federal Aviation Administration, H.R. 3935. The rule blocks a large number of amendments that would make important…
Mr. Speaker, I rise in opposition to H. Res. 597, the rule providing for consideration of the reauthorization bill for the Federal Aviation Administration, H.R. 3935.
The rule blocks a large number of amendments that would make important reforms, including two germane amendments I offered that are critical to ensuring the Transportation Security Administration can continue to carry out its mission to secure aviation.
The first amendment would add the text of my legislation, the ``Fund the TSA Act'' (H.R. 3394).
TSA is facing major budget challenges as it works to implement essential reforms to pay and labor rights for its workforce.
That amendment would provide TSA with the funding it needs by making a modest increase to passenger security fees and ending the diversion of fee collections from TSA's coffers.
The other amendment would add the text of my ``Rights for the TSA Workforce Act'' from the 117th Congress.
For too long, TSA workers have labored under unfair working conditions and on little pay, leading to low morale and high attrition.
Though the Biden-Harris Administration has thankfully taken action to address those disparities, the ongoing changes must be codified to ensure their permanence.
My amendment would do so by putting that workforce under the same personnel management system used by most Federal agencies.
TSA's security efforts underlie the entire aviation system, so as we work to reauthorize the FAA and modernize that aviation system, it is a shame that Republicans' Leadership refuses to allow this body to consider desperately needed changes to support the TSA.
Additionally, I am concerned that the rule precludes consideration of a bipartisan amendment submitted by the gentleman from Michigan, Congressman Bergman, to keep the retirement age of pilots at 65.
The current retirement age conforms with international standards, and Congress should maintain it to ensure the continued safety of aviation passengers.
Finally, I have strong concerns with section 813 of the underlying bill, and this rule does nothing to address those concerns.
Section 813 would severely weaken the existing regime for applying temporary flight restrictions to protect major sports events across the country.
Since the FAA established flight restrictions over open-air stadiums after the terrorist attacks of September 11, 2001, they have helped protect millions upon millions of Americans attending large-scale events, with minimal disruptions to general aviation.
Section 813 risks undermining this long-successful security program by introducing a broad, complex, and unnecessary waiver program for aircraft, including drones, to fly near, over, and above crowded stadiums.
To the extent some may have concerns regarding scheduling conflicts between sporting events and airshows, a much more tailored solution could be developed.
As it stands, section 813 degrades homeland security, and I oppose its inclusion in the bill.
I include in the Record a letter from the National Football League, Major League Baseball, the National Association for Stock Car Auto Racing, and the National Collegiate Athletic Association expressing opposition to section 813.
I also include a Statement of Administration Policy from the Biden- Harris Administration, which states the following: ``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.''
With that, I urge my colleagues to oppose H. Res. 597.
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 of the House
version of the 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 1 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.
Statement of Administration Policy
H.R. 3935--Securing Growth and Robust Leadership in American Aviation
Act
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 timelines, 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.