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First-of-Its-Kind California Bill Targets TSA Airport Security Line Cutters


Laurie Baratti

A pair of California
state senators from opposing parties have joined together to propose a new bill,
the first of its kind in the nation, which critics say would eliminate the expedited
security screening service CLEAR
from airports. But, proponents say that
CLEAR would simply need to change its method of operation to retain its presence
in California.

 

The bill,
spearheaded by Democratic state senator Josh Newman and Republican senator Janet
Nguyen, takes aim at the current practice of what is being labeled “line cutting”
by CLEAR members, who are allowed to bypass the usual TSA screening queues for
a fee. 

The service allows
passengers to skip to the front of the line after their identity is verified at
a CLEAR kiosk; but, unlike TSA Precheck, does not expedite the actual TSA checkpoint
screening process. So, effectively, CLEAR members are just holding up all those
who have been standing dutifully in line because they can’t spend the extra
money. 

Both senators, who
frequently fly between their Southern California districts and Sacramento, have
expressed frustration at CLEAR’s “pay-to-play” model, which they argue gives an
unfair advantage to those who can afford to pay the annual fee of $189, while
those who can’t afford it languish longer in TSA security lines. 

“The least you can
expect when you have to go through the security line at the airport is that you
don’t suffer the indignity of somebody pushing you out of the way to let the
rich person pass you,” Newman, who co-created the bill, told Politico.

CLEAR kiosks at San Jose International Airport, California.

CLEAR kiosks at San Jose International Airport, California. (Photo Credit: Adobe Stock/MichaelVi)

Although certain
industry groups are opposing the measure—mainly airlines for whom the CLEAR
program generates revenue—others are backing the new bill, including flight
attendants and TSA agents, who are affronted by the notion that passengers can
pay to cut in front of everyone else.

James Mudrock,
president of AFGE Local 1230, wrote in a letter to Senate Transportation
Committee chair Dave Cortese that CLEAR is, “nothing more than the luxury
resale of upcharge of space in the airport security queue, where those who pay
can skip the line at the direct expense of every other traveler.”

In a letter of
support for the bill, Sarah Nelson, head of the flight attendants’ union,
expressed concern about the security protocols CLEAR relies on, stating that
the service “doesn’t add any enhanced layer of security”. She opined that the proposed
legislation would, “restore equal access and treatment at the airport security
checkpoint.”

Newman and Nguyen’s
bill would require CLEAR—and any other third-party vendors who might adopt the
same business model—to establish and operate its own TSA security lane in order
to continue operating at the nine California airports where it currently has a
presence. But, critics say that it’s simply unrealistic to expect the TSA to
dedicate officers to a special airport security screening lane, which would require
federal approval to fund and operate, since the TSA is a federal agency. 

The bill is set to
be brought before the Senate
Transportation Committee on April 23. Major airlines Delta, United,
Southwest, Alaska, JetBlue and Hawaiian intend to battle its passage, pointing
to revenue loss that they said cause airfare prices to go up. Neither
California Governor Gavin Newsom nor Senate President Pro Tempore Mike McGuire were willing to comment
on the measure.

 


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