Airports Can Opt Out Of TSA Screening

Doug Mataconis · · 4 comments

Apropos of the gathering public outcry against invasive screenings by the Transportation Security Administration that James Joyner wrote about earlier today, Glenn Reynolds passes along a link which shows that airports can opt out of TSA screening:

‘§ 44920. Security screening opt-out program ”(a) IN GENERAL.—On or after the last day of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of the Aviation and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary.

I’m not sure whether this really solves the problem since the private company, and presumably the procedures it uses, must be approved by the Department of Homeland Security. Nonetheless, to the extent that the TSA is the problem this would seem to be an alternative option.

Additionally, there is news that legislators in New Jersey and Idaho have introduced legislation in their respective state legislatures to ban body image scanners. Whether these laws would have any effect in the face of federal law is unclear, though.