Public Law 108-7 (Feb. 20, 2003 117 Stat. 421 Section 352)
Sec. 352. FAA Notice to Airmen FDC 2/0199. (a) In General.—The Secretary of Transportation–
(1) shall maintain in full force and effect, for a period of 1 year after the date of enactment of this Act, the restrictions imposed under Federal Aviation Administration Notice to Airmen FDC 2/0199 and the restrictions that had been in effect on September 26, 2002 and that were imposed under local Notices to Airmen based on or derived from Notice to Airmen FDC 1/3353;
(2) shall rescind immediately any waivers or exemptions from those restrictions that are in effect on the date of enactment of this Act; and
(3) may not grant any waivers or exemptions from those restrictions, except–
(A) as authorized by air traffic control for operational or safety purposes; (
(B) for operational purposes of an event, stadium, or other venue, including (in the case of a sporting event) equipment or parts, transport of team members, officials of the governing body and immediate family members and guests of such teams and officials to and from the event, stadium, or other venue;
(C) for broadcast coverage for any broadcast rights holder;
(D) for safety and security purposes of the event, stadium, or other venue; or
(E) to operate an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic procedures.
(b) Waivers.–Beginning no earlier than 1 year after the date of enactment of this Act, the Secretary may modify or terminate such restrictions, or issue waivers or exemptions from such restrictions, if the Secretary promulgates, after public notice and an opportunity for comment, a rule setting forth the standards under which the Secretary may grant a waiver or exemption. Such standards shall provide a level of security at least equivalent to that provided by the waiver policy applied by the Secretary as of the date of enactment of this Act.
(c) Funding Limitation.–Unless and until the Secretary promulgates a rule in accordance with subsection (b) above, none of the funds made available in this Act or any other Act may be used to terminate or limit the restrictions described in paragraph (a)(1) above or to grant waivers of, or exemptions from, such restrictions except as provided in paragraph (a)(3) above. 8
(d) Broadcast Contracts Not Affected.–Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.
Public Law 108-199 (Jan 23, 2004 118 Stat.343 Section 521)
Sec. 521. (a) In General.–The Secretary of Transportation–
(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from such restrictions, except–
(A) as authorized by air traffic control for operational or safety purposes;
(B) with respect to an event, stadium, or other venue–
(i) for operational purposes;
(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such team members and officials to and from such event, stadium, or venue;
(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;
(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue; and
(v) for safety and security purposes related to such event, stadium, or venue; and
(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.
(b) Limitations on Use of Funds.–None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection(a)(2).
(c) Broadcast Contracts not Affected.–Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.
The following proposed revisions, in these laws,
would appear to solve the problem,
as follows:
Public Law 108-7 (Feb. 20, 2003 117 Stat. 421 Section 352)
Sec. 352. FAA Notice to Airmen FDC 2/0199. (a) In General.—The Secretary of Transportation–
(1) shall maintain in full force and effect, for a period of 1 year after the date of enactment of this Act, the restrictions imposed under Federal Aviation Administration Notice to Airmen FDC 2/0199 and the restrictions that had been in effect on September 26, 2002 and that were imposed under local Notices to Airmen based on or derived from Notice to Airmen FDC 1/3353;
(2) shall rescind immediately any waivers or exemptions from those restrictions that are in effect on the date of enactment of this Act; and
(3) may not grant any waivers or exemptions from those restrictions, except–
(A) as authorized by air traffic control for operational or safety purposes; (
(B) for operational purposes of an event, stadium, or other venue, including (in the case of a sporting event) equipment or parts, transport of team members, officials of the governing body and immediate family members and guests of such teams and officials to and from the event, stadium, or other venue;
(C) for broadcast coverage for any broadcast rights holder;
(D) for safety and security purposes of the event, stadium, or other venue; or
(E) to operate an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic procedures.
(b) Waivers.–Beginning no earlier than 1 year after the date of enactment of this Act, the Secretary may modify or terminate such restrictions, or issue waivers or exemptions from such restrictions, if the Secretary promulgates, after public notice and an opportunity for comment, a rule setting forth the standards under which the Secretary may grant a waiver or exemption. Such standards shall provide a level of security at least equivalent to that provided by the waiver policy applied by the Secretary as of the date of enactment of this Act.
(c) Funding Limitation.–Unless and until the Secretary promulgates a rule in accordance with subsection (b) above, none of the funds made available in this Act or any other Act may be used to terminate or limit the restrictions described in paragraph (a)(1) above or to grant waivers of, or exemptions from, such restrictions except as provided in paragraph (a)(3) above. 8
(d) Broadcast Contracts Not Affected.–Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.
Public Law 108-199 (Jan 23, 2004 118 Stat.343 Section 521)
Sec. 521. (a) In General.–The Secretary of Transportation–
(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from such restrictions, except–
(A) as authorized by air traffic control for operational or safety purposes;
(B) with respect to an event, stadium, or other venue–
(i) for operational purposes;
(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such team members and officials to and from such event, stadium, or venue;
(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;
(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue; and
(v) for safety and security purposes related to such event, stadium, or venue; and
(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.
(b) Limitations on Use of Funds.–None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection(a)(2).
(c) Broadcast Contracts not Affected.–Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.
