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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