The U.S. Response
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Bush installs new transportation security chief
01/07/2002By SCOTT LINDLAW
Associated Press Writer
WASHINGTON — President Bush installed former Secret Service Director John Magaw as head of the new Transportation Security Administration on Monday, acting during Congress' recess and challenging the Democratic-controlled Senate that stalled his confirmation.
Bush announced his selection of Magaw on Dec. 10. He had threatened in recent days to circumvent Congress in appointing members of his administration after the Senate refused to confirm his nominees.
Developing and deploying new security equipment at airports will be a key job of the Transportation Department agency, which was created by Congress last fall, is to take control of airline security by Feb. 19. Magaw's formal title will be undersecretary of transportation for security.
Magaw served in the Secret Service for 26 years and was named director in 1992. During his tenure he oversaw all protective operations for the president and first family.
He headed the Bureau of Alcohol, Tobacco and Firearms from 1993 to 1999.
Magaw is currently acting executive director of the Office of National Preparedness at the Federal Emergency Management Agency.
Bush announced his decision without comment Monday evening.
``Given the importance of moving quickly to protect the public ... and the upcoming deadlines in congressional legislation, the president thought it was too important to wait for Congress, and he was confident when Congress returns that Mr. Magaw would be confirmed,'' said White House spokesman Ari Fleischer.
Addressing reporters on his Texas ranch Dec. 28, Bush said he was frustrated over the Senate's failure to vote on the nomination of Eugene Scalia, son of Supreme Court Justice Antonin Scalia, to be the Labor Department's top lawyer. Also awaiting a confirmation vote is Otto Reich, the president's choice to be secretary of Western Hemisphere affairs.
Senior administration officials had warned Bush might make recess appointments.
Rep. John Mica, R-Fla., chairman of the House aviation subcommittee, had urged Bush to use the so-called recess appointment to install Magaw. Mica argued that the case of a man who tried to blow up a jetliner with a shoe bomb underscored the urgency of getting the new transportation security agency up and running.
The undersecretary will set standards for hiring and training airport screeners, supervise the employees and develop plans to deal with threats to transportation. He also is given the power to bypass normal rulemaking procedures if he ``determines that a regulation or security directive must be issued immediately in order to protect transportation security.''
Under the Constitution, the president has the right to make temporary appointments — bypassing the usual confirmation proceedings — if he acts during the recess of the Senate.
``I am pleased that President Bush has taken this action to allow John Magaw to immediately assume the responsibilities of our nation's new undersecretary for transportation security,'' Mica said.
``The traveling public can now be reassured that someone is in charge and is working to improve security at our airports and other transportation hubs.''