What Does the Constitution Say? Who Asks?
If it prompts a look at
Article I, Section 1 of the
Constitution, that could be a good thing. Congress makes
all the federal laws, that Article says -- and it
doesn't give Congress the right to let others make laws,
and Congress, over a hundred years, has now seen its
regulatory-body-happy irresponsibility come back to bite, this time
in the form of the TSA. Now, we're at a point where Congress has to
effectively ask permission of the TSA... and this latest great idea
will give the TSA more ideas on how to screw down aviation, even
worse.
National Air Transportation Association (NATA) president James
K. Coyne thanked key Congressional aviation leaders Thursday in the
U.S. House of Representatives for their continued support of
legislation to restore non-scheduled commercial flights at Ronald
Reagan Washington National Airport (DCA).
H.R. 2144, the "Aviation Security Technical Corrections and
Improvement Act," requires the U.S. Department of Homeland Security
(DHS) to "issue regulations allowing non-scheduled air carriers to
operate at Ronald Reagan Washington National Airport under a
security program" approved by DHS. The provision would take effect
30 days after the bill's enactment into law.
Well-meaning...
The bill, sponsored by U.S.
Reps. Don Young (R-AK), Chairman of the House Committee on
Transportation and Infrastructure; James Oberstar (D-MN), Ranking
Minority Member of the House Committee on Transportation &
Infrastructure; John Mica (R-FL), Chairman of the House
Subcommittee on Aviation; and Peter DeFazio (D-OR), Ranking
Minority Member of the House Subcommittee on Aviation, was approved
earlier Thursday by the full House Committee on Transportation
& Infrastructure by voice vote.
"We sincerely thank the leadership of the House Committee on
Transportation and Infrastructure, especially Chairman Mica and
Congresswoman Eleanor Holmes Norton (D-DC), for their continued
support of this critical legislative provision," Coyne
stated. "This measure provides the necessary Congressional
impetus to force the federal transportation security apparatus to
re-open our nation's capital airport to non-scheduled commercial
operations."
The committee also agreed to an amendment offered by Congressman
Jerry Moran (R-KS) that is similar in nature to the charter
amendment. Instead, the Moran amendment would "facilitate
appropriate background checks for non-commercial aircraft
operations" including fingerprint-based background checks as part
of a security procedure designed to allow private flights to
operate at the airport.
"Congressman Moran continues to be a champion of
America's aviation businesses as demonstrated by his offering of
this amendment," Coyne explained.
Be careful what you wish for...
While
the provision's intent and the will of the Committee in support of
the Moran amendment was quite clear at the mark-up session
Thursday, concern exists that federal regulators with jurisdiction
over aviation security issues may view the amendment as an
opportunity to perform fingerprint-based background checks on all
Part 91 operators, not just those wishing to use DCA.
"We will ensure that this language, while outstanding in nature,
is not misconstrued by our federal aviation security regulators as
they continue to look at promulgating new security mandates for the
general aviation industry," Coyne said.
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