In Support of Federalizing Airport Security

In the days and weeks following the attacks of September 11th, two premises have become crystal clear. First, the airlines’ procedures for ensuring the security of airports and airplanes and thus the safety of the traveling public are clearly flawed. Second, the federal government must assume full responsibility for airport and airplane security to ensure that our citizens are protected to the fullest degree possible.

With the passage of H.R. 3150, the Secure Transportation for America Act of 2001, by a strongly bi-partisan vote of 286-139, the U.S. House of Representatives has sought to diligently address both of these premises. I was pleased to join with 74 of my Democrat colleagues and all but 2 of my Republican colleagues in supporting this legislation.

The Merits of H.R. 3150

Under H.R. 3150, airline security screening is federalized under a new Transportation Security Administration (TSA) within the U.S. Department of Transportation. The TSA is required to: 1) enact stricter standards for the screening of airline passengers and baggage; 2) conduct extensive background checks on all airport security personnel; 3) provide the training for and testing of all airport security personnel; and 4) provide uniformed federal officials to supervise the screening of all passengers and baggage at airports.

H.R. 3150 mandates that all airport security screening personnel must be U.S. citizens and that law enforcement personnel must be stationed at each security screening location, not merely at each airport. Following the Israeli and European models for airport security, H.R. 3150 does not mandate that all security screening personnel must be federal employees. Rather, it provides the President with flexibility in implementing the highest standard of security. H.R. 3150 does, however, mandate that the TSA develop and impose minimum hiring and retention standards for all security screening personnel, federal employees or not, and permits the setting of minimum compensation levels for said security personnel.

Additional provisions in H.R. 3150 require the TSA to train, supervise, and deploy federal air marshals on selected passenger flights, to strengthen airplane cockpit doors, and to conduct background checks for individuals seeking flying lessons on large aircraft or flight simulators for such aircraft.

Prior to final passage of H.R. 3150, the House rejected the Senate’s airport and airplane security legislation, S. 1447, by a 218-214 vote. While this vote was mainly along party lines, it is important to note that several senior Democrat members of the House joined with most Republican members in defeating the Senate legislation.

S. 1447’s Shortcomings

The Senate security package was flawed in numerous ways, including the following examples. First, the Senate bill inappropriately established different security requirements for larger and smaller commercial airports. Under the Senate bill, federal security screening personnel would only be required at the Nation’s 142 largest airports. State or local officials would be permitted at the remaining 297 airports. Second, the Senate bill did not mandate U.S. citizenship for all screening personnel. Third, the Senate bill’s baggage screening provision was less detailed than the House legislation and did not specify a firm deadline for the screening of all bags. Fourth, and perhaps most importantly, the Senate bill did not include authorization for the Department of Transportation (DOT) to use expedited rule-making procedures. The implementation of new security procedures could thus be delayed for years. Using current law, DOT rulemakings take 3.8 years on average. The House legislation authorizes the issuance of rules immediately to avoid traditional bureaucratic delays.

Conclusion

The House and Senate are now conferencing on the two bills passed. Please be assured that I will continue to support and actively push for a comprehensive airport and airplane security package that seeks to implement the highest level of security in the quickest manner possible. The time for the federal government to accept full responsibility for and aggressively protect the safety of the traveling public is long overdue.

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