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Saturday, November 20, 2010

Genuine, Not Modest, Legislative Proposal re the TSA

I have a suggestion. It is a serious one, not a "modest proposal," although some might view it as a trifle wholesale. Here goes. This bill, or something equivalent, needs to be introduced in the next Congressional session. Todd Young (my soon-to-be-Congressman): how about it?

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(a) All legislation establishing the Transportation Security Administration (TSA), defining its duties, funding it, or empowering it in any way is repealed as regards the TSA, effective immediately, except as set forth below.

(b) No other agency, whether currently in existence or subsequently established, may take on any function previously exercised by the TSA.

(c) All regulations and rules of any kind promulgated by the TSA or pursuant to its authority directly or indirectly are nullified and of no future effect. This subsection is effective 30 days from the date this statute is enacted.

(d) Nothing in this or any other federal statute or regulation shall be construed to prohibit individual airports or airlines from adopting rules for the protection of airline passengers and crew. If applied to passengers or crew on interstate or international flights or to airlines conducting such flights, such rules must be posted prominently in any airport where the rule is to be applied, as well as on a website easily reached by inputting either the official name or any commonly used name of the airport or airline in a readily available Internet search engine.

(e) The TSA continues to exist in order to perform the following functions, and only those functions:

(1) Studying possible methods by which airports and/or airlines may protect passengers and crew from terrorist or other intentional destructive acts or from negligent or reckless behavior.

(2) Publicizing the results of the studies described in subsection (e)(1) of this statute.

(3) Receiving complaints from passengers, crew or others as to the security operations of any airport or airline and offering assistance in the resolution of the concerns prompting those complaints. No complainant, airport or airline will be compelled to utilize such assistance, and the use of such assistance shall not be a prerequisite to any other civil or administrative action.

(4) Testing the security at airports within the United States, in any reasonable manner that does not involve direct interaction with passengers or crew. Testing procedures that may result in indirect impacts on passengers or crew, by causing delays if security screening identifies the testing personnel as a threat to airport or airline security, are permitted.

(5) Publicizing the results of the testing described in subsection (e)(5) of this statute. A summary of any such result must be published on the TSA website within seven (7) calendar days of its completion, unless the TSA obtains a court order stating that publication of such a summary would compromise national security or airport or airline security. Any such order must limit the withheld material to the smallest amount consistent with the basis of the order.

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How's that sound?

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