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greyseal
11-18-2010, 06:11 PM
Listed below is the Authority of the TSA, listed in the Federal Register
Department of
Homeland Security
Transportation Security Administration
49 CFR Parts 1520, 1540, and 1562
Ronald Reagan Washington National
Airport: Enhanced Security Procedures
for Certain Operations; Interim Final
Rule
41586 Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules and Regulations

The Transportation Security
Administration (TSA) is issuing this
interim final rule (IFR) to restore access
to DCA for certain aircraft operations
while maintaining the security of
critical Federal Government and other
assets in the Washington, DC
metropolitan area.
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ III. Discussion of the Interim Final Rule
A. Scope and Definitions
This IFR creates a new subpart B in
part 1562 of Title 49 of the Code of
Federal Regulations (CFR). Subpart B
applies to FBOs located at DCA and the
gateway airports.
_________________________________________
This IFR does not apply to operations
into or out of any airports other than
DCA and gateway airports.
__________________________________________________
So according to the regulations listed above, TSA only has authority at DCA and Gateway airports. The definition of gateway airports is listed below in blue. It is worth noting that the rule is an interim rule. As opposed to a final rule, Interim rules don’t have force of law, the purpose is to allow other government agencies to comment on it.


Fly America Act Rules & Regulations
Related Travel Services at Safe Harbors:
FLY AMERICA ACT - RULES AND REGULATIONS
In order to help clarify the basic rules and regulations of the Fly America Act, we have published this brochure to assist those people traveling on international trips being paid for by the U.S. Government. Most of this information is taken directly from Section 301-3.6 of the Federal Travel Regulations as amended on February 23, 1990 and effective on March 23, 1990.
1. Definitions
4. Gateway Airport in the United States - a "gateway airport in the United States" means the last airport in the United States from which the traveler's flight
departs, or the first airport in the United States at which the traveler's flight arrives.
2. General Requirements of the Fly America Act
The Fly America Act, 49 U.S.C. App. 1517, as implemented in the Comptroller General's guidelines, Decision B-138942, March 31, 1981, requires Federal employees and their dependents, consultants, contractors, grantees, and others performing United States Government financed foreign air travel to travel by U.S. flag air carriers:

The Fly America Act is a Treaty with Europe. The “no fly list” is based on the Council of Europe Convention on the Prevention of Terrorism.
Article 14 Jurisdiction
1 Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention:
a when the offence is committed in the territory of that Party;
b when the offence is committed on board a ship flying the flag of that Party, or on board an aircraft registered under the laws of that Party,
Article 15 – Duty to investigate
1 Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in this Convention may be present in its territory, the Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.
2 Upon being satisfied that the circumstances so warrant, the Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person’s presence for the purpose of prosecution or extradition. end. (comment) this is the bases for the “No Fly List’, the nation party to the Treaty is not allowed to inform the detained (arrested i.e. not free to travel) person the name of the complaining nation, it’s a secret.
__________________________________________________ __________________________________________________ _______
Here’s the authority for the TSA to Screen passengers, it only applies to chartered aircraft for the Federal Government


TITLE 49—TRANSPORTATION CHAPTER 401--GENERAL PROVISIONS Sec. 40118. Government-financed air transportation
SEC. 606. CHARTER SECURITY.
(a) IN GENERAL.—Section 44903 is amended by adding at the
end the following:
‘‘(l) AIR CHARTER PROGRAM.—
‘‘(1) IN GENERAL.—The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall implement an aviation security program for charter
air carriers (as defined in section 40102(a)) with a maximum
certificated takeoff weight of more than 12,500 pounds

Here’s the process to correct the obvious misapplication of the law. The Comptroller General administers all of this, this is why the TSA ignores all complaints. In June 1921, Congress effectively hid the Treasury of the United States by creating the General Accounting Office, under direction of the Comptroller General, then moved Treasury employees to GAO. GAO is an independent agency or department, and serves as general agent of the Treasury of the United States, in charge of determining legitimacy of all claims of or against the United States. A claim against the United States cannot be adjudicated in courts of the United States unless it has first been submitted to, and rejected by GAO. This is the reason so many cases against the "United States", etc., are dismissed as stating claims on which relief cannot be granted -- whoever initiates these cases doesn't know the claim must first be submitted to GAO.

Noob
11-18-2010, 06:58 PM
authority for the TSA to Screen passengers, it only applies to chartered aircraft for the Federal Government

If it only applies to chartered aircraft for the federal government than why are all passenger aircraft get it? Or have they all been made chartered aircraft for the federal government becuse of the federal air marshals?

pacelli
11-18-2010, 06:59 PM
Where's the blue part?

greyseal
11-19-2010, 01:13 PM
If it only applies to chartered aircraft for the federal government than why are all passenger aircraft get it? Or have they all been made chartered aircraft for the federal government becuse of the federal air marshals?

The following definitions should clarify the subject of Homeland Security, the authority of the TSA, and the “Patriot Act”.
For anyone not familiar with some of this information, U.S.C. stands for United States Code, and all information can be verified by consulting Cornell law Library on the Web.



18 U.S.C. ß 4001(a):
• ß 4001. Limitation on detention; control of prisons
(a) No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.
18 USC 3551 - Sec. 3551. Authorized sentences

(a) In General. - Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia …..

References In Text
Acts of Congress applicable exclusively in the District of Columbia, referred to in subsec. (a), are classified generally to the District of Columbia Code. The Uniform Code of Military Justice, referred to in subsec. (a), is classified generally to chapter 47 (Sec. 801 et seq.) of Title 10, Armed Forces.

So according to Title 18 U.S.C., Crimes, cited above, all “Acts of Congress’” are classified to the District of Columbia Code, Title 10, Armed Forces, is based on former 5 U.S.C 171 ect. of the Virginia State Executive departments, amended by (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) and does not include the Army, Navy, or Air force, of the several states. See notes following 10 U.S.C definitions.

The following excerpt is the application of any “Act of Congress” (Patriot Act)

Congress' authority is at 4 U.S.C. §§ 71 & 72.
Sec. 72. Public offices; at seat of Government
All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.
Rule 54(c) application of terms, Federal Rules of Criminal Procedure:
*"Act of Congress" includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession.
"State" includes District of Columbia, Puerto Rico, territory and insular possession.

* The term includes is restrictive, it means only the examples listed.
__________________________________________________ _______________________________________

The following excerpt is where the Department of Homeland Security is located.

District of Columbia Code
DIVISION I GOVERNMENT OF DISTRICT
TITLE 7 HUMAN HEALTH CARE AND SAFETY
SUBTITLE J PUBLIC SAFETY
§ 7-2202. Homeland Security and Emergency Management Agency authorized; Director and other personnel; compensation [Formerly § 6-1402].
(a) To carry out the purposes of this chapter, the Mayor of the District of Columbia is authorized to establish in the municipal government of such District a Homeland Security and Emergency Management Agency to consist of a Director and such other personnel as may be needed. Such Director shall be the executive head of such Agency..........
http://michie.lexisnexis.com/dc/lpext.dll?f=templates&fn=main-h.htm


The role of the Air marshal, was created by the Under Secretary of the Transportation Security Administration, and us limited to the two federally owned airports at the District of Columbia, spelled out below.
SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.
(a) IN GENERAL- Chapter 1 of title 49, United States Code, is amended by adding at the end the following:
`Sec. 114. Transportation Security Administration
`(e) SCREENING OPERATIONS- The Under Secretary shall--
`(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935; *(note) 44935 deals with screening potential TSA employees, rather lengthy.

H.R.1086
Sec. 49101. Findings
`Congress finds that--
`(1) the 2 federally owned airports in the metropolitan area of the District of Columbia constitute an important and growing part of the commerce, transportation, and economic patterns of Virginia, the District of Columbia, and the surrounding region;
`Sec. 49103. Definitions
`In this chapter--
`(1) `Airports Authority' means the Metropolitan Washington Airports Authority, a public authority created by Virginia and the District of Columbia consistent with the requirements of section 49106 of this title.
Sec. 49106. Metropolitan Washington Airports Authority
`(b) GENERAL AUTHORITY- (1) The Airports Authority shall be authorized--
`(A) to acquire, maintain, improve, operate, protect, and promote the Metropolitan Washington Airports for public purposes;
TITLE 49 - TRANSPORTATION
Section 115. Transportation Security Oversight Board
(a) In General. - There is established in the Department of
Homeland Security a board to be known as the "Transportation
Security Oversight Board".
(c) Duties. - The Board shall -
(1) review and ratify or disapprove any regulation or security
directive issued by the Under Secretary of Transportation for
security (!1) under section 114(l)(2) within 30 days after the
date of issuance of such regulation or directive;

(2) facilitate the coordination of intelligence, security, and
law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law
enforcement information affecting transportation among Federal
agencies and with carriers and other transportation providers as
appropriate;
(4) explore the technical feasibility of developing a common
* database of individuals who may pose a threat to transportation
or national security;
(5) review plans for transportation security;
(6) make recommendations to the Under Secretary regarding
matters reviewed under paragraph (5).

• (note) the No Fly List

Supreme Court decision UNITED STATES v. LOPEZ No. 93-1260.
Argued November 8, 1994-Decided April 26, 1995

“ the Federal Government has
nothing approaching a police power. “

greyseal
11-19-2010, 01:18 PM
Where's the blue part?

Sorry folks the original Fly America Act was blue in my notes, the Fly America Act in black is the same,opps.