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17 Air & Space Law. 1 (2002-2003)

handle is hein.journals/airspaclaw17 and id is 1 raw text is: 



THE


AIR & SPACE


      L A W                                                                 E R
AMERICAN BAR ASSOCIATION  VOL.ME 17, NI1MBER I SIMMER 2002
                                                 !0=0S     7VI-1111F,


The Birth of the Transportation
Security Administration:
A View from the Chief Counsel

       By Francine Kerner with Margot Bester


nly history and hindsight will fully reveal the
      impact of the tragic events of September 11,
      2001, on our nation. The hijackings, which con-
verted passenger aircraft into missiles of destruction,
have affected Americans in both their private and nation-
al lives. Just as many of us have found it necessary to
make sone alteration In the way we ((tdluct our own
lives, our national Institutions have taken some extraordi-
nary steps to protect our safety and security. A primary
example is Congress's enactment of the Aviation and
Transportation Security Act (A''SA) on November 19,
2001.' Congress believed the events of September I Ith
required a fundamental change In the way it approaches
the task of ensuring the safety anti security of the civil air
transportation system .. and that sccurity functions at


United States airports should become :a Federal govern-
ment responsibility.2 To that end, AISA established a
new federal agency, the Transportation Security
Administration (SA), and transferred the responsibility
for inspecting persons and property carried aboard pas-
senger aircraft to TSA on February 17, 2002. The enormi-
ty i such an action cannot be underestimated. Congress
had not created a new civilian agency since World War I1
and the task before TSA In establishing an organization of
such magnitude is staggering. John W. Magaw, Under
Secretary of Transportation for Security, leads TSA.
Admiral James M. Loy Is Deputy Under Secretary of
Transportation for Security and Chief Operating Officer,
Stephen J. McHale is Deputy Under Secretary of
                          continued on page 21


                Known Travelers vs. Unknown Threats:
t   a   Balancing Security with a Sound Aviation System
                      By John M. Moloney


    M .I     F   rom the cocktail
                 party to tie office
                 water cooler to
the halls of Congress, everyone has
taken notice of how travel has changed
since Congress passed and the presi-
dent signed the Aviation and Trans.
portatton Seetrity Act of 2002 (ArSA)
into law' These changes were man-


dated by a Congress and a president uni-
fied In their desire to protect the pub-
lic from another devastating and deadly
attack against our nation's aviation sys-
tem. But the racheting up of security
has come with a price. A PhIladelphia
Inquirer columnist recently noted,
   Out in the hinterland, people have conic
   to accept that soime airports have all the


charm of a Siberian labor camp, with
lines of weary, shtlling travelers. At any
ntontent, an isol ated breach of security
can wreak havoc, requiring evacuation
of the terminal. At other times, travelers
flid airptirt scurity emlent and pain.
kl.s, but dat kves diem an hiour or mom
of idle time before their flights depart.1
       continued on page 23


Forum  on  Air and  Space


I


La w

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