Congressional Research Service Study Raises Questions About The Plan

A study released this week by the Congressional Research Service indicates that a proposal to privatize Air Traffic Control services in the United States could face legal and constitutional concerns.

The Wall Street Journal reports that the study, which was requested by Oregon Democrat Rep. Peter DeFazio, shows that establishing a private, non-profit entity to run ATC could face significant legal hurdles when it comes to setting fees, establishing procedures, and future modernization of the system.

DeFazio has been a vocal opponent of privatizing ATC, a move that is supported by the Republican leaders of the House Transportation and Infrastructure Committee. DeFazio is the ranking Democrat on the panel.

Several broad areas of concern were listed in the study. One example is that courts have ruled that the delegation of government authority to non-governmental entities can result in an infringement on executive powers and due-process requirements.

The Republican leadership of the committee is in the early stages of crafting legislation that would privatize ATC in a way similar to what has been done in Europe, the U.K, Australia and Canada. A majority spokesman said that any proposal "will be fully consistent with the Constitution," and would not change the FAA's role in regulating safety.

FMI: http://transportation.house.gov