Bush draft airport security proposal

The attached alternative proposes a passenger screening system that would be controlled entirely by the federal government. It requires: What this proposal does not require is that all persons performing screening functions must be federal employees. Instead, it provides that, after a transitional period of 18 months, the Secretary may make an airport-by-airport determination that using contract personnel will achieve a level of security equal to or greater than that provided by federal employee screeners. There are several reasons why it is critical to retain the flexibility to use contract personnel: In the short run, enactment of legislation establishing that all screeners must be federal employees would create insurmountable transitional difficulties that would further threaten and possibly ground the aviation system. Potential consequences of such legislation would include: Permitting the use of contract employees where appropriate will preserve greater flexibility for the federal government to impose standards and to discipline or remove screeners who are not performing up to expectations. While the attached draft language has attempted to give maximum personnel (and acquisition) freedom to the federal government even if federal employees are used, we would expect that to be chiseled away rapidly after the current crisis, leaving the government unable to exercise effective control. Contracting provides much greater flexibility in this regard. Insisting that federal personnel serve as screeners would require the creation of a new federal entity, in excess of 20,000 employees, complete with regional offices across the nation and the entire array of necessary support services (e.g., administrative, budget, payroll, legal). "(d) Assumption of screening function by Secretary. Upon assumption by the Secretary of the screening function, the Secretary shall take steps necessary to ensure the following: that one hundred percent of the managers and supervisors responsible for overseeing the screening functions to be performed by the Transportation Security Administration shall be federal employees; that at every screening checkpoint there will be present at all times such checkpoint is in operation a federal law enforcement officer; that the Transportation Security Administration, under the direction of the Secretary, shall be solely responsible for establishing, maintaining, and enforcing standards of screener performance under section 44935 of this title; that the Transportation Security Administration, under the direction of the Secretary, shall be solely responsible for all employment investigations and restrictions, including background checks, required by section 44935 of this title or otherwise determined by the Secretary to be necessary in the interest of security; and that all persons performing screening functions shall wear a standard law enforcement uniform designated by the federal government (e) The Secretary shall ensure that, by not later than 18 months after the assumption by the Secretary of the screening function, those personnel performing the screening function shall be federal employees, unless the Secretary shall make a determination with respect to any particular airport than an equal or greater level of security can be achieved by the use of contract personnel. In making such a determination, the Secretary shall consider the views expressed by the Inspector General in the report required by subsection (f). Upon making such a determination, the Secretary may enter into such contracts as the Secretary deems appropriate to employ such contract personnel. (f) Within one year of the date of enactment of this Act, the Inspector General of the Department of Transportation shall transmit a report to the Secretary and the Congress on the results of an investigation concerning the comparative level of security that may be provided by having federal employees or contract personnel perform the screening functions. In conducting such investigation, the Inspector General shall consider and report on whether differences in airport size, capacity, traffic, layout, or location affect screener performance and might affect the Secretary's determination referred to in subsection (e). (g) Notwithstanding any other provision of law, the Secretary may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of such a number of individuals as the Secretary determines may be necessary to carry out the screening function of the Secretary under this section (h)(1) The Secretary is authorized to acquire by purchase, lease, condemnation, or otherwise any property, real or personal (including office space and intellectual property), facilities, services (including personal services) or any other items the Secretary decides is appropriate to construct, repair, operate, and maintain, by contract or otherwise, such property, and to utilize, in his discretion, the services of a non-profit entity which may be established to assist in such acquisition services (including any contracts let under paragraph (e)). (2) Notwithstanding any other provision of law, including sections 1341, 6505, and 9701 of title 31 and all sections of title 41, the Secretary is authorized to enter into and perform such contracts, leases, grants, cooperative agreements, international agreements, or other transactions as the Secretary may decide is appropriate with any Federal agency or any instrumentality of the United States, any State, territory, or possession, or political subdiviion thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Secretary may consider appropriate. The Secretary may, with or without reimbursement, use or accept the services, equipment, personnel, or facilities of any other Federal agency, and any other public or private entity. The head of each Federal agency or department shall cooperate with the Secretary and is authorized, notwithstanding any other provision of law, to transfer or to receive from the Secretary, without reimbursement, supplies, equipment, services, personnel and facilities. Notwithstanding any other provision of law, the Secretary is authorized to lease to others or dispose of any property (real or personal). Add new provision to section 44917: "(d) require that all Federal air marshals shall be employees of the federal government."