He's On a Losing Streak [TSA]

[cheapseats]

Don't fly on their airlines, then. That's how the free market works.

Yeah.

Those big-city airports were ALL up in my business...metal detector plus wand, grimy bins, half-undressed, like the GOOD old days. Hell if I'm putting up with THAT after privatization. No more flying between Los Angeles and New York for ME. Europe was always overrated. Now, I fly exclusively between Cedar Rapids and Waterloo Iowa...no problems, whatever.

 

[cheapseats]

So since these private screeners molest people more efficiently...

...Rand wants to "privatize" security theater, is what...

Generally speaking, society gets more of that which turns a profit.

 

[erowe1]

Here's a quote from today's Mises daily that may be relevant here:

In order to project the image of a scant increase in the number of federal-government employees, a type of shadow economy of contractors has developed to deceive the public's eye. These contractors are employees of the state whether on the official payroll or not. Their income is derived from stolen funds just as much as the budget analyst at any of the alphabet-soup bureaucracy. The so-called private companies they work for do the bidding of the state at what is often an exorbitant price compared to what may prevail under free-market conditions. Government contractors are merely deceptive when describing themselves as private, for-profit companies. They are de facto agents of the state.

http://mises.org/daily/6071/The-Washington-1-Percent

 

[tsai3904]

Here's the text of the bill:

SECTION 1. REQUIREMENT THAT PASSENGER SECURITY SCREENING BE CONDUCTED BY PRIVATE SCREENING COMPANIES.

(a) In General- Section 44901(a) of title 49, United States Code, is amended in the second sentence by striking `except as otherwise' and all that follows through the end period and inserting `except--

`(1) that screening of passengers shall be conducted by employees of a private screening company under a contract entered into pursuant to subsection (m)(1);

`(2) for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs; and

`(3) as otherwise provided in section 44919 or 44920.'.

(b) Requirements- Section 44901 of such title 49, United States Code, is amended by adding at the end the following:

`(m) Conduct of Passenger Screening by Private Screening Companies-

`(1) CONTRACTS-

`(A) IN GENERAL- Except as provided in subparagraph (B), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall enter into a contract with a private screening company selected by the operator of an airport under which employees of that company will conduct the screening of passengers at the airport under subsection (a)(1).

`(B) COMPANIES WITH UNSATISFACTORY PERFORMANCE RECORDS- The operator of an airport may not select a private security screening company for purposes of subparagraph (A) if the Assistant Secretary determines that the performance record of the company is unsatisfactory.

`(2) EMPLOYMENT AND TERMINATION DECISIONS- Notwithstanding section 44903(g)(1)(C), section 44935(e), or any other provision of this chapter, the operator of an airport and the private screening company conducting passenger screening at that airport pursuant to a contract entered into under paragraph (1)(A) shall have the authority to make final decisions with respect to the employment and termination of individuals conducting passenger screening at that airport.'.

(c) Mandatory Approval of Applications Under Security Screening Opt-Out Program- Section 44920 of title 49, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `Under Secretary' the first place it appears and inserting `Assistant Secretary (Transportation Security Administration) (in this section referred to as the `Assistant Secretary')'; and

(B) by striking `passengers and';

(2) by striking `Under Secretary' each place it appears and inserting `Assistant Secretary';

(3) by amending subsection (b) to read as follows:

`(b) Approval of Applications- The Assistant Secretary shall approve all applications submitted under subsection (a).'; and

(4) in subsection (h), by striking `and passenger'.

(d) Conforming Amendments-

(1) ENFORCEMENT OF SECURED-AREA ACCESS CONTROL REQUIREMENTS-

(A) IN GENERAL- Section 44903(g)(1) of title 49, United States Code, is amended--

(i) in subparagraph (A), in the first sentence, by striking `employees' and inserting `Federal employees'; and

(ii) by adding at the end the following:

`(C) SANCTIONS FOR EMPLOYEES OF PRIVATE SECURITY SCREENING COMPANIES- The Under Secretary shall develop and publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees of private screening companies conducting passenger screening at airports for infractions of airport access control requirements in consultation with those companies.'.

(B) PUBLICATION OF GUIDELINES- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish in the Federal Register--

(i) such revisions to the guidelines under subparagraph (A) of section 44903(g)(1) of title 49, United States Code, as are necessary to implement the amendments made by subparagraph (A); and

(ii) guidelines under subparagraph (C) of that section (as added by subparagraph (A)).

(2) THREAT AND VULNERABILITY ASSESSMENTS- Section 44904(b)(5) of title 49, United States Code, is amended by striking `the United States Customs Service, the Immigration and Naturalization Service, and air carriers' and inserting `U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, private screening companies conducting passenger screening at airports, and air carriers'.

(3) QUALIFICATIONS OF SECURITY SCREENERS-

(A) IN GENERAL- Section 44935(e)(2)(A) of title 49, United States Code, is amended in the first sentence by inserting `and individuals employed by private screening companies to conduct screening of passengers at airports' after `personnel'.

(B) REVISIONS TO QUALIFICATION STANDARDS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall make such revisions to the qualification standards for security screening personnel under section 44935(e)(2)(A) of title 49, United States Code, as are necessary as a result of the amendment made by subparagraph (A).

(e) Reduction in Employees of Transportation Security Administration- The Assistant Secretary of Homeland Security (Transportation Security Administration) shall decrease the number of employees of the Transportation Security Administration assigned to an airport by an amount that is equivalent to the increase in the number of employees of private screening companies assigned to the airport pursuant to a contract entered into under subsection (m)(1) of section 44901 of title 49, United States Code, as added by subsection (b) of this section, as soon as practicable after the contract takes effect.

(f) Effective Date- The amendments made by this section shall--

(1) take effect on the date of the enactment of this Act; and

(2) apply with respect to the screening of passengers at airports on and after the date that is 180 days after such date of enactment.

SEC. 2. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING COMPANIES.

(a) Amendment to National Labor Relations Act- Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:

`(h) Right To Work for Employees of Private Passenger Screening Companies- Notwithstanding any other provision of this Act, the first and second provisos of subsection (a)(3) shall not apply to an employer that is a private passenger screening company conducting passenger screening at an airport. In the case of a labor organization representing the employees of such employer, paragraphs (2) and (5) of subsection (b) shall be applied without regard to whether there is an agreement authorized under subsection (a)(3).'.

(b) Amendment to Railway Labor Act- Title II of the Railway Labor Act (45 U.S.C. 181 et seq.) is amended by adding at the end the following:

`SEC. 209. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING COMPANIES.

`Notwithstanding any other provision of this Act, paragraph Eleventh of section 2 shall not apply to any employee of a private passenger screening company that has entered into a contract with a carrier by air.'.

 

[truthsaga]

Is he turning it over to government contractors or putting the role of security back to the airports? If the airports are responsible for security they will find the most cost effective way of conducting security. Some may hire government contractors and others would hire private companies to conduct security - at the end of the day the quality of the service offered will be the determining factor. However, we are relying on government completely stepping out of the airports..

 

[tsai3904]

Is he turning it over to government contractors or putting the role of security back to the airports?

The operator of the airport gets to choose a private screening company of their choice but it cannot select a private company the TSA has determined as unsatisfactory. That private screening company will then enter into a contract with the TSA.

 

[truthsaga]

I would like to see the list of approved contractors and look up the owners of the private security companies.

 

[tsai3904]

I would like to see the list of approved contractors and look up the owners of the private security companies.

There is no list of approved contractors. There is a list of companies deemed unsatisfactory based on their performance records. In the beginning, I'm assuming all companies will be ok since they will not have a performance record.

 

[atomicsink]

Don't fly on their airlines, then. That's how the free market works.

If the government mandates ALL airlines have them it isn't free market. Just because market forces still apply doesn't make it free market. Free market would be airports can have security, don't need to, and don't get dictated the manner in which they implement security.

On a related note, on my return from Mexico to the United States I went through 5 lines in America and just 1 in Mexico.

 

[truthsaga]

The only logical conclusion I can come to is that the Senator is trying to move the process (one small step) to eventually be free of government control, but I do agree atomicsink that this is far from normal market operations.

 

[Feeding the Abscess]

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