The TSA vs. The American Traveler Dignity Act of 2010

The link found in the title describes a proposed bill by Congressman Ron Paul. In reaction to the Transportation Security Administration's (TSA) heightened security checks using x-ray technology and enhanced pat-down screening protocols, Mr.Paul has written out H.R. 6416:The American Traveler Dignity Act. This bill proclaims that "no law...shall be construed to confer any immunity for a Federal...agency...who subjects an individual to any physical contact...x-rays...as a condition...to be in an airport or to fly in an aircraft."

In light of this development, how can Niskanen's traditional approach help us understand the TSA's actions and the response by Congressman Paul? One of the crucial implications of Niskanen's view is that the federal agency, like a monopoly supplier, will want to produce more than the sponsor wants, thereby getting more profits/funds/power. In accordance with this view, because of 9/11 and terrorist threats, the TSA has expanded and ramped up its efforts to ensure that airports remain safe. Because the demand for their services has become rather inelastic, they have the ability to extract more surplus value. Congressman Ron Paul's proposed legislation though illustrates how the Congress can in fact curve a bureau's ability to "run wild." Some would therefore claim that this provides evidence for Weingast and Moran's model that argues that to "understand regulatory policymaking we must understand legislative politics." Although legislators may not be continously or directly monitoring the federal agency, Congress possesses sufficient rewards and sanctions to creative an incentive system.

The problem with this argument in this particular case is that the legistlation proposed still has to pass through the House Judiciary committee for approval. One of the essential components of the Congressional Dominance Approach is that rewards "go to agencies that pursue policies of interest to the current committee members" while "those agencies that fail to do so are confronted with sanctions." Therefore this bill is not an example of the relevant committee demonstrating its influence over the TSA; rather, this bill seeems to be evidence that the federal agency has operated independently of Congress. Ron Paul, who oftentimes points out the inefficiency of federal agencies, is trying to explicitly limit the power of this "unaccountable government entity." (from Paul's speech) In order to know which model is more accurate, we will have to see what the House Judiciary committee and the subcomittee on the Constitution, Civil Rights and Civil Liberties in charge of overseeing the TSA deciedes. Furthermore, the Weingast and Moran model still might hold because the committee might in fact favor the actions taken by the TSA to heighten security screenings, thus explaining why Mr. Paul's legislation will not pass and the status quo persists. More importantly, if H.R. 6416 fails, it will demostrate how the isolation of some federal agencies allows them to increase their power and reach without being subject to efficiency incentives.