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.

FMI: www.nata-online.org