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68 J. Air L. & Com. 233 (2003)
Putting the Transporation Security Administration in Historical Context

handle is hein.journals/jalc68 and id is 243 raw text is: PUTTING THE TRANSPORTATION SECURITY ADMINISTRATION IN HISTORICAL CONTEXT KENT C. KRAUSE* RIOR TO THE September 11, 2001 planned suicide hijack- ings of four airliners, hijackings had been the result of hos- tage-related terrorist attacks or a demented individual bent on some misguided cause. The shift of terrorist tactics on Septem- ber 11 spurred the passage of aggressive and comprehensive leg- islation in aviation security.' But even before that now infamous date, aviation security, on paper at least, was a highly regulated area of transportation law.2 Federal laws and regulations gener- ally covered airport security,' airplane operator security,4 and in- direct air carrier security.5 * Mr. Krause is a Texas-licensed attorney with the aviation law firm of Speiser Krause, a Professional Corporation, co-author of a three volume work entitled Aviation Tort and Regulatory Law (West Group), past Chair of the State Bar of Texas Aviation Law Section, and an Adjunct Professor of Aviation Law at Southern Methodist University Dedman School of Law in Dallas, Texas. I Congress and the President have advanced several new laws under the aus- pices of homeland security to reduce terrorism threats that are not directly re- lated to aviation. While beyond the scope of this article, some of the other considered legislation includes the Homeland Security Act, the USA Patriot Act, the Terrorism Risk Insurance Act, and the Enhanced Border Security and Visa Entry Reform Act. 2 See 49 U.S.C. § 44901 (2002); 14 C.F.R. §§ 107-109 (2002). Airline anti-hi- jacking security requirements, including the screening of passengers and bag- gage, originated as and have remained an aspect of federal, rather than state, governmental regulation. See Wagner v. Metro. Nashville Airport Auth., 772 F.2d 227, 230 & n.2 (6th Cir. 1985); United States v. Davis, 482 F.2d 893, 897 (9th Cir. 1973). It appears that no state has attempted to set standards for airline security after the establishment of the federal anti-hijacking program. See also 49 U.S.C. § 44903(b) (3) (2002) (requiring a uniform procedure for searching and detain- ing passengers and property). 3 14 C.F.R. §§ 107, 139. 4 14 C.F.R. § 108. 5 14 C.F.R. § 109. 233

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