Senate Fails to OK Head of Anti-Terrorist Agency

After criticizing the Bush administration for not moving quickly to improve airport security, the Senate has failed to approve the head of a new agency created to help prevent terrorist attacks.

The delay means the new Transportation Security Administration will be without a permanent leader as it scrambles to meet a Jan. 18 deadline set by Congress for initial screening of all checked bags for explosives. The Senate does not return from its holiday recess until Jan. 23.

Democratic and Republican congressional staffers said Friday that a GOP senator blocked the expected confirmation of nominee John Magaw on Thursday.

The senator, whose name was not released, wanted to gain attention on an unrelated legislative issue, a Republican staffer said.

By tradition, members can secretly place such holds on any matter brought before the Senate.

Some Bush administration officials said they were irritated by the Senate’s failure to act.

The president could grant Magaw a temporary appointment during the congressional recess, but such maneuvers are usually only employed on behalf of nominees that run into opposition.

The senator who is blocking Magaw reportedly has no objection to him.

“Magaw cannot make any decisions until he is confirmed,” said an administration official, who spoke on condition of anonymity. “The Senate comes back on the 23rd--that’s five days after the [explosives screening] deadline. And he can’t act until he is sworn in.” Officials said they still intend to meet the goal, however.

Magaw, a former director of the Secret Service and the Bureau of Alcohol, Tobacco and Firearms, is working as a consultant to the Transportation Department until he is sworn in.

Although there is little doubt that he will ultimately be approved by the Senate, the delay runs counter to the sense of urgency elected officials have invoked in responding to the terrorist attacks.

“We are hopeful the Senate will act on it quickly upon their return,” said White House spokeswoman Claire Buchan. “It’s an important position.”

Ron Bonjean, a spokesman for Senate Republican Leader Trent Lott of Mississippi, said there was some question over whether the Commerce Committee had followed proper procedure when it sent Magaw’s nomination to the floor.

But Democratic and Republican committee staffers said the problem was a Republican senator blocking the nomination.

On Thursday, Sen. Arlen Specter (R-Pa.) had appeared at Magaw’s confirmation hearing to question him over a dispute from the nominee’s days at the ATF.

Specter said that he has concerns about Magaw’s judgment because, as ATF director, he had maintained that the agency had acted properly in the 1992 siege at Ruby Ridge. The incident took place before Magaw arrived at the agency.

Magaw said Thursday: “We found a number of mistakes in the investigation and we corrected them.” Specter then said he was satisfied with the answer and would not block the nomination.

Republican staffers said Friday that they do not believe Specter is blocking the nomination.

After his confirmation hearing Thursday, Magaw, 66, told reporters he had been planning to retire in January when Bush unexpectedly asked him to head the new agency.

For the last two years, he has been an anti-terrorism advisor to the Federal Emergency Management Agency.

“I was thinking of retiring, but when [the Sept. 11 attacks] occurred, you have to step up,” Magaw said. “I’m invigorated by the assignment and ready to step forward.”