Reaching Compromise with a Reactionary Government

Congressman Bob Barr, November 28, 2001

Since the unprecedented terror attacks of September 11th, Americans have been looking to their government for answers, action and assurance. Roughly two-and-a-half months later, we have made significant progress on these three fronts. Within days of the attacks, our government identified and took strong action against the terrorist organizations responsible for September 11th. In using strong military force against Taliban-controlled Afghanistan, America sent a message to the world that the days of harboring and supporting terrorist activity were over. This action is still ongoing, but the terrorists are on the run and their days are numbered.

However, the campaign against terror is a sustained effort; one that will require the attention and determination of all Americans. In particular, Americans should be paying close attention to actions being taken on the domestic front and the measures being put in place to meet the requested, and required, assurance that such attacks will never happen again. Unfortunately, too often in recent weeks, politicians have sought to achieve this assurance with the mere appearance of action; substituting soundbites for substantive change. History has proven, however, the path of least resistance, while more expeditious, is too often a poor substitute for thoughtful, reasoned debate. On a number of issues, I believe our country will be better off in the long-term for not giving into the persuasive desires of reactionaries and instead, choosing well thought-out compromises.

The efforts of reasoned compromise and thoughtful debate will perhaps be felt nowhere more than in the future of aviation security. In hijacking four U.S. aircraft on September 11th, terrorists made clear the serious shortcomings and failures in American airport security procedures. They laid bare the loopholes that exist and exposed the effects of years of lax oversight. Yet, despite the fact it was a federal agency, the FAA, which had failed in its oversight responsibilities, the Senate, in an effort to create the appearance of safety, rushed through legislation to completely federalize airport security. This legislation was less the result of thoughtful debate and serious examination, than it was an immediate reaction by Senator after Senator who went on television to tell the American people they deserved to "feel" safe.

While having all airport security personnel wear matching federal uniforms and carry official-looking badges may in fact accomplish the goal of making people "feel" safe, the much more serious question of whether in fact, Americans would actually “be” safer remained unanswered. After this legislation was rushed through the Senate, the House listened to the President’s calls for a real examination of this issue and its historical contexts. We learned quickly that federalization of airport security by many countries in Europe, as well as Israel, had proved a failure.

A nationalized system lacks accountability and flexibility, and establishes a massive federal bureaucracy. Therefore the Republican-led House crafted a plan to establish strict federal standards for screening, held those in charge of security accountable for their actions, and ensured physically safer cockpits. This was a good bill, but one that would have to be reconciled with the very different version passed by the Senate.

In the end, Congress was able to reach agreement on a historic piece of legislation. The legislation now signed into law by President Bush, will go far to ensure the safety and security of American air travel, but not handcuff us to an enduring federal bureaucracy. Under the compromise legislation, a trained federal workforce will be in charge of security at all airports for the first two years. However, after two years, each airport will be given the flexibility to work with the federal government to determine if a federalized workforce or a private security workforce, operating under strong federal guidelines, would be the best system for that particular airport. It also authorizes important steps, not included in the initial, Senate-passed bill, for the Administration to ensure increased safety, such the ability to hire and fire those employees who do not perform their required duties. Equally important, it not only ensures much stronger cockpits, but allows the Department of Transportation to authorize firearms for use by pilots.

Neither the flexibility granted the Administration in determining the security needed at individual airports, nor these additional, important provisions, would have been achieved if the House had rubber-stamped the bill rushed through the Senate. While perhaps this legislation was not passed as quickly as some would have liked, the final version signed into law by President Bush before the busy holiday travel season is a bill that will not only make Americans "feel" safer, but more importantly, make sure they are safer.

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