Dicks, Reichert Introduce Legislation to Protect Airline Passengers

Together, Rep. Dave Reichert (R-WA), Homeland Security Subcommittee Chairman, and Rep. Norm Dicks (D-WA), member of the Homeland Security Committee, introduced H.R. 4607, To ensure passenger safety at airports, on December 16, 2005, as the 109th Congress concluded its first session.

In response to the mid-December move by the Transportation Security Administration (TSA) to allow scissors, screwdrivers, pliers and wrenches to be carried onto passenger planes, Dicks and Reichert introduced legislation that would require TSA to revert to the list of previously prohibited items, as well as to not further modify the list of prohibited items until common sense requirements have been met. TSA said the list of prohibited items was reduced so that they could focus more attention on explosives.

“It does not make sense that we are allowing known potential weapons, not unlike those the 9-11 hijackers used to overcome the crews of four airplanes, to be taken aboard passenger aircraft. Increased and better screening for explosives is necessary - and Congress should fund it and TSA should implement it as quickly as possible - however that screening doesn’t reduce the risk posed by a trained terrorist with an unconventional weapon,” Reichert explained. 

Rep. Dicks concurred with Rep. Reichert, noting that the TSA shift “clearly sends the wrong message to airline passengers as well as to criminals who could use this opportunity to harm crew members, disrupt air travel or, even worse, cause the type of large scale destruction that occurred on Sept. 11th.”  He said that “while there are other high priority issues such as cargo screening that should be accomplished by TSA, we cannot simply ignore the potential for violent actions in the cabin and cockpit.”

Reichert continued, “It’s not just passenger safety that we should be concerned with. The men and women who make up a plane’s crew put their lives in jeopardy each time they fly. It’s our job as much as anyone’s to make sure we make it as safe as possible up there for them. Scissors, screwdrivers and the like pose an unacceptable risk to flight crews as well passengers.”

Background:

On December 22, 2005, TSA began implementing a new directive that allows scissors up to 4 inches in length and screw drivers, pliers and wrenches up to 7 inches in length, onboard commercial aircraft.  TSA will focus on additional screenings of randomly selected passengers and their bags using a variety of methods.  TSA contends the proposed changes will allow them to focus resources on more serious threats, such as explosives.

Summary of Reichert Legislation:

Requires TSA not to increase random body searches or modify the list of items prohibited from being carried aboard passenger aircraft until:

• Each high risk airport is equipped with and using walkthrough explosive detection equipment at security checkpoints;

• TSA conducts a security risk assessment of common items that may be carried aboard a passenger aircraft for their potential use in a terrorist incident;

• TSA develops standards for risk assessment to determine the inclusion or removal of items on the list of prohibited items based on the level of risk determined;

• TSA develops guidelines based on the risk or threat of a terrorist incident, to determine when a body search is warranted;

• TSA must submit a report to Congress regarding the assessment, standards and guidelines. 

Note, 9/11 Commission:

The 9/11 Commission Report Card gave a “C’ grade to “Improving airline screening checkpoints to detect explosives.”  While more advanced screening technology is being developed, Congress needs to provide the funding for, and TSA needs to move as expeditiously as possible with, the appropriate installation of explosives detection trace portals at more of the nation’s commercial airports.