Transportation Security Administration

The Aviation and Transportation Security Act (ATSA), signed into law by President George W. Bush on November 19, 200l (Pub. L. No. 107-01), established the Transportation Security Administration (TSA) within the Department of Transportation. The TSA, the creation of which was a direct result of the terrorist attacks of September 11, 2001, and the subsequent demands for a higher level of security at domestic airports, is responsible for securing the movement of people and commerce in all modes of transportation—aviation, maritime, and land—as well as for leading research and development into security technology to aid in safeguarding the nation's transportation facilities and infrastructure. In March 2003, the TSA was moved to the Department of Homeland Security (DHS) as part of the Border and Security Directorate, which was intended to integrate into one agency all government operations for securing U.S. borders and transportation systems.

The ATSA transferred responsibility for civil aviation security from the Federal Aviation Administration (FAA) to TSA personnel. The FAA had permitted individual airlines to determine the level of security screening of passengers and baggage and, in the aftermath of September 11, this system, which relied overwhelmingly on private sector security officers who earned minimum pay levels, was deemed inadequate. Working under very tight deadlines, the federalization of screeners of baggage and passengers at 429 commercial airports in the United States was accomplished within 60 days by the TSA, becoming effective in December 2002. This included the hiring and training of employees to perform the screening of baggage and passengers, raising the employee selection and training criteria, and elevating the standard to 100% checked baggage screening.

In addition to federalizing the workforce of airport screeners, the TSA was mandated to radically[Page 847] change the preemployment policies surrounding these employees, who, during the time they were employed by private security firms, were often hired with virtually no prescreening or training. In contrast, TSA employees undergo extensive background investigations similar to those performed on other federal law enforcement personnel. Additionally, an analysis is done to determine whether the candidate poses a potential terrorist threat or may have been associated with anyone who poses such a threat.

Educational requirements for screeners were upgraded to include a minimum of a high school diploma, a general education degree, or the equivalent. Applicants were also required to be U.S. citizens and to be fluent in English. Preference is given to those with law enforcement backgrounds. Federal screeners at all airports were also required to receive a minimum of 40 hours of classroom training and 60 hours of on-the-job training before they are permitted to work alone at a screening station.