[Congressional Record Volume 169, Number 127 (Monday, July 24, 2023)]
[Extensions of Remarks]
[Pages E707-E708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 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

                                 ______
                                 

                               speech of

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                         Tuesday, July 18, 2023

  Mr. THOMPSON of Mississippi. 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.

[[Page E708]]

       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.

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