Dems Have Unusual Luck In Amending TSA Reform Bill

Air Safety Week,  March 27, 2006  

Tags: Transportation Security Administration

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As legislation to reform the Transportation Security Administration (TSA) moves slowly forward on Capitol Hill, the measure has picked up several amendments that could change how airport operators are able to finance their security systems. But those same amendments may be voted out of the legislation after the next round of debate.

For now, however, a provision of Rep. Dan. Lungren's (R-Calif.) H.R. 4439 (known as the "Transportation Security Administration Reorganization Act'), giving airports most of the cost savings if they choose to convert from TSA screeners to private screeners, is out of the bill. But at the same time, there's a new provision from Lungren that would provide $3.6 billion in new mandatory funding in fiscal year 2007 for aviation security, Republican staff tell Air Safety Week. Funding could be used for a variety of uses, including new explosives detection system (EDS) equipment.

These changes, and more, were all made over the last two weeks during a pair of working sessions by a subcommittee of the House Homeland Security Committee that Lungren chairs.

Because Lungren didn't have enough fellow Republicans on the second work date on March 16, he made a deal with the minority side, a Democratic aide tells Air Safety Week. Accordingly, a trio of Democratic amendments, which the majority Republicans might otherwise have voted down, were inserted into the bill so Lungren could keep it moving along. Republicans can still vote some of these new amendments out of H.R. 4439 at the next phase in the bill-making process, when the measure is worked on by the full committee.

In the meantime, there still is no companion measure on the other side of the Hill, although many senators are interested in reforming how the TSA operates.

At any rate, the new Democratic amendments may wind up with a very short shelf-life. Then again, it is often more difficult politically to strip provisions out of a bill once they've already been inserted, and then have to explain why, rather than just killing them at the outset with as little fanfare as possible. If the Republicans first agree to these amendments and then vote to take them out, the Democrats and the special interest groups that strongly support the added provisions are likely to criticize the Republicans for appearing to impair the flying publics' safety and security.

One of the Democratic amendments added to the bill in the deal with Lungren was introduced by committee member Pete DeFazio (D-Ore.), and is principally aimed at removing the so-called "Share in Savings" provision from the Screening Partnership Program (SPP). The latter, which is better known as the "Opt Out Program," allows airports to convert from TSA-managed screening to having their screening done by private entities, but still regulated by the TSA. Share in Savings would mandate the TSA to give airports, in the form of an annual grant for at least five years, 90 percent of the cost savings realized from making this conversion.

DeFazio, in particular, is strongly opposed to airports profiting from arrangements that work around the inefficiencies created by the federal screening process. With Share in Savings, there is the fear that airports would choose private screening mostly because of the financial incentives. In a similar vein, DeFazio has been the most vocal member of Congress in objecting to the parts of Verified Identify Pass's contract with the Greater Orlando Airport Authority (GOAA) to operate the Registered Traveler program, which would provide the GOAA with an additional revenue stream for its participation in that program.

Democratic Rep. Bennie Thompson (Miss.), ranking minority member of the full committee, was quick to back the removal of Share in Savings from the full bill. Thompson said the provision "essentially would bribe airports" to accept private screeners.

DeFazio's amendment actually kills not only the Share in Savings provision, but all the provisions of H.R. 4439 that were designed to promote greater use of Opt Out. One such additional provision would have protected airport operators and other third parties from legal liability from serious security breaches when screening is managed by private firms. So far, Opt Out has been a very hard sell in the airport community, and the liability issue has been the primary roadblock.

Even if DeFazio's amendment survives the remaining debate on H.R. 4439 and it becomes law, Opt Out liability protection is already in federal law, as part of the fiscal year 2006 appropriations bill for the Department of Homeland Security (DHS).

Another Democratic amendment inserted into H.R. 4439 in the deal with Lungren is Rep. Ed Markey's (Mass.) measure to restore the TSA's prohibited items list to its former glory with nearly every conceivable type of sharp object again forbidden past the checkpoints. Last fall, the TSA announced that it was removing small scissors and screwdrivers from this list.