Letter From Rep. Don Young: New Rules Could Be
Unconstitutional
The following is a letter sent from Rep. Don Young
(R-AK), Chairman of the House Transportation Committee, to Admiral
James Loy, head of the Transportation Security Administration
(TSA), regarding new TSA rules regarding pilots the administration
considers potential security risks:
The Honorable James M. Loy
Under Secretary of Transportation for Security
Transportation Security Administration
400 Seventh St., SW, 10126
Washington, DC 20590
Dear Admiral Loy:
I am writing to follow up on our phone conversation last week
about the recent TSA rule to revoke pilot licenses. I am still very
concerned that the rights of pilots may be adversely affected if
the rule is implemented as currently written.
This rule was issued without notice and comment.
It is hard to understand why more than 16 months after the 9/11
terrorist attacks it was suddenly necessary to issue this rule. If
there is new intelligence that indicates that pilots are a greater
threat, I would like to hear about that from you.
Of greater concern to me is there does not seem to be any
meaningful avenue of appeal. A pilot whose license is revoked by
TSA for security reasons may be told the reasons for revocation are
classified. Therefore, the pilot will be unable to defend himself
or establish grounds for appeal. Even if he could learn the reasons
for the revocation, any appeal would evidently be heard by TSA, the
very same agency that revoked the license in the first place. This
is unfair and probably unconstitutional.
While I am certainly aware that some of the 9/11 hijackers had
taken flight training, they boarded the planes as passengers, not
as pilots. It was the failure of our intelligence, immigration, and
perhaps airport security systems that allowed them to board those
planes and commit terrorist acts. This does not justify taking away
the rights of U.S. citizen pilots more than 16 months after the
fact.
A few months ago, TSA staff approached this Committee and asked
us to consider legislation that would allow the emergency
revocation of pilot licenses. However, the security legislation
that was subsequently approved by the Aviation Subcommittee (Title
III of H.R. 5506) did not give TSA this authority. Additionally,
such authority is not encompassed by the Aviation and
Transportation Security Act.
I would urge you to reconsider this rule. First, I
suggest you give the pilots affected an opportunity to comment.
Second, and more importantly, I urge you to provide a reasonable
right to appeal.
Under current law, the Federal Aviation Administration may
immediately revoke a pilot's license for safety reasons. However,
pilots are informed of the reasons for the revocation and have the
right to appeal to an independent third body, the National
Transportation Safety Board. I suggest you adopt a similar
procedure for pilot revocations by TSA. If not, I will have no
alternative but to explore a legislative solution to this
problem.
Sincerely,
DON YOUNG
Chairman
Transportation Committee
US House of Representatives