For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31150 ------------------------------------------------------------------------------ Order Code RL31150 CRS Report for Congress Received through the CRS Web Selected Aviation Security Legislation in the Aftermath of the September 11 Attack Updated December 14, 2001 Robert S. Kirk Economic Analyst, Transportation Resources, Science, and Industry Division Congressional Research Service ~ The Library of Congress Selected Aviation Security Legislation in the Aftermath of the September 11 attack. Summary The September 11, 2001 hijacking of four airliners, and the enormous loss of life from the use of these airplanes as weapons, has focused congressional concerns on aviation security. During the debate in Congress the overarching issue was the degree of federal involvement needed both to make commercial air travel safer and to restore the public's confidence in the security of our Nation's airway and airports. On October 11, 2001, the Senate passed, after multiple amendments, the Aviation Security Act of 2001, S. 1447 (introduced by Senator Hollings). The bill provided for the federalization of most aspects of airport security. The responsibility for much of the law enforcement aspect of airport security would have been shifted from the Department of Transportation (DOT) to the Department of Justice (DOJ). Front-line screening of passengers and baggage would be carried out by federal agents under the authority of the Attorney General. DOT would have continued to administer the Federal Air Marshals (FAM) program but under DOJ guidelines. On November 1, 2001, the House passed a bill that was significantly different from Senate-passed S. 1447. The Airport Security Federalization Act of 2001 (S. 1447 amended by the text of H.R. 3150, introduced by Representative Young), included provisions to shift the responsibility for the security of all modes of transportation to a new administration, the Transportation Security Administration (TSA), within DOT. The bill called for the oversight of all airport screeners by uniformed federal agents but would have allowed for the use of contract employees as front-line security screeners. On November 19, 2001, President Bush signed the Aviation and Transportation Security Act (ATSA) (P.L. 107-71; H. Rept. 107-296). ATSA, includes elements of both the House and Senate bills as well as new provisions added to facilitate the final compromise that was agreed to in conference. On the contentious issue of whether screeners should be federal agents or contractor personnel, ATSA provides that, within one year, federal employees shall be hired to take over airport security screening services at all but five U.S. commercial airports. Two years later, however, airports may opt-out of the federal screener system and switch to contractor screeners. The Act also establishes a new Transportation Security Administration (TSA) headed by an Under Secretary of Transportation for Security. Within three months of enactment, the responsibilities for aviation security would be transferred from the Federal Aviation Administration (FAA) to the TSA. Also included in the Act are provisions: requiring that, within 60 days, airports provide for the screening or bag-matching of all checked baggage; allowing pilots to carry firearms; requiring the electronic transmission of passenger manifests on international flights prior to landing in the U.S.; requiring background checks, including national security checks, of persons who have access to secure areas at airports; and requiring that all federal security screeners be U.S. citizens. Contents Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Airport Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Security in the Aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Federal Role in Aviation Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Federalizing Airport Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Strengthening and Enforcing the Regulation of Airport Security . . . . . . . . . 3 Aviation Security: a Legislative Overview of S. 1447 . . . . . . . . . . . . . . . . . . . . . 3 The House and Senate-Passed Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Airport Security Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Federal Air Marshal and Cockpit Security Provisions . . . . . . . . . . . . . 4 Funding Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Other Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Conference Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Federalization of Airport Security Screeners . . . . . . . . . . . . . . . . . . . . 5 What Federal Agency Should Have Security Responsibility . . . . . . . . 6 The Aviation and Transportation Security Act (ATSA) . . . . . . . . . . . . . . . . . . . 6 Airport Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Funding and Liability Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Federal Air Marshals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Cockpit and Cabin Security Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Guns and Less-Than-Lethal Weaponry for Flight Crews . . . . . . . . . . . . . . . 8 Passenger Manifests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Carry on Baggage and Unusual Cargo Provisions . . . . . . . . . . . . . . . . . . . . 9 List of Tables Table 1: Side-by-Side Comparison of Selected Provisions From Aviation Security Legislation in the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Selected Aviation Security Legislation in the Aftermath of the September 11 attack. The September 11, 2001 hijacking of four airliners, and the enormous loss of life from the use of these airplanes as weapons, has focused congressional concerns on aviation security. During the debate in Congress following the attack the overarching issue was the degree of federal involvement needed to both make commercial air travel safer and to restore the public's confidence in the security of our Nation's airway and airports. On November 19, 2001, President Bush signed the Aviation and Transportation Security Act (ATSA) (P.L. 107-71). After a brief background discussion, this report discusses different policy approaches to the federal role in aviation security. The report provides an overview of the bills that passed in the House and Senate. It then discusses the conference agreement compromise and highlights the provisions of ATSA. Finally, a side-by-side presentation of selected provisions from the House, Senate and enacted bills are displayed in Table 1. Background Airport Security Airport security efforts are generally directed toward preventing access to aircraft or secure areas of airports by terrorists and others who pose as passengers, infiltrate as employees, or slip into restricted zones at an airport to plant explosives or hijack an aircraft. To counter these efforts, airlines screen passengers and baggage. Airports and airlines also require employee background checks.1 They have also tightened secure area access requirements. During the past two years, however, General Accounting Office (GAO) and Department of Transportation (DOT) Inspector General (IG) investigations have criticized security measures at major airports. In its report, Long-Standing Problems Impair Airport Screeners' Performance (GAO/RCED-00-75; June 28, 2000), GAO found that screeners' performance in detecting dangerous objects was not satisfactory. A DOT IG's March 23, 2001, Aviation Security memorandum to the FAA administrator stated that baggage screeners were screening fewer bags per day than the recently installed explosive detection systems could screen per hour. The IG also found that airport operators and airlines frequently were not complying with the background check requirements for employees with access to secure areas of their airports. The IG found that, while the FAA had made significant progress in 1 See also CRS Report RL31151. Aviation Security Technologies and Procedures: Screening Passengers and Baggage, by Daniel Morgan. CRS-2 deploying existing advanced security technologies, it had failed to integrate the various security assets into a seamless security system. Security in the Aircraft Since the late 1980s, the focus of security efforts was on intercepting explosives in the airport. The September 11 terrorist attacks have changed this. Following the attack there was renewed interest in expanding the Federal Air Marshal (FAM) program in the belief that an armed federal agent might have thwarted the hijackers. Supporters of expanding the FAM program argued that an expanded program would also have a deterrent effect on would-be hijackers. The security of the cockpit has also became an issue. Supporters of stronger cockpit doors, locks, and latches argued that if the cockpits had been more secure the September 11 terrorists might not have been able to seize the controls.2 The Federal Role in Aviation Security A history of less-than-satisfactory investigative reports on airport security and long delays in the regulatory implementation of security improvements included in legislation, led to statements of frustration by Members in both houses of Congress. This past failure to improve the current system, combined with the totally unforeseen scope of the September 11 attack by policy makers, led to a consensus for a deeper federal involvement in aviation security. Federalizing Airport Security For many proponents, federalizing airport security simply meant making airport security a federal law enforcement or national security function. Federal agents would screen passengers and baggage and, in some proposals, would also patrol both the secure and public areas of airports. FAA estimated that this would require 28,000 full time equivalent employees at a cost of roughly $1.8 billion per year.3 This federalizing option had the advantage of conceptual simplicity. Having federal law enforcement agents providing the security at U.S. airports was also, according to proponents, the best way to restore public confidence in the aviation system. During the post-September 11 aviation security debate in Congress, they argued that it is doubtful that merely imposing federal oversight and supervision on the already failed U.S. system of contractor airport security screeners would achieve the scope of change needed to assure the public of the effectiveness of U.S. airport security. Critics, however, warned that this option would create a bureaucracy that could become as ineffective as the current system and at a much higher cost. Critics also argued that the change to a totally federal workforce is an enormous undertaking and that imposing strict federal control over contractors could be accomplished more 2 The Bush Administration has set aside $500 million of emergency appropriations to help pay for the retrofitting of cockpit doors. Most airlines on their own initiative have begun reinforcing the cockpit doors and locks in their aircraft. 3 Since the passage of ATSA, the estimates of the costs for all its provisions (i.e. airport security, air marshals, and equipment) have been as high as $5 billion. CRS-3 easily. Finally, critics argued that to quickly improve the performance of airport security screeners, managers must have more freedom to dismiss and discipline employees than would be likely under any system that utilized federal employees. Strengthening and Enforcing the Regulation of Airport Security Under this option the federal presence and oversight would increase but private companies would continue to provide the security employees. They would, however, work under stricter, background checks, training, and supervision. This was seen by proponents as less expensive than hiring the estimated 28,000 federal agents that would be needed for the 100% federal employee option. They also argued that this option would also give federal security managers more freedom to hire and fire based on merit and performance than they could if employees were protected by U.S. civil service law. Opponents of this solution generally argued that in the U.S., profit- driven contract airport security services have performed poorly over many years and it is doubtful that they will ever achieve the level of security that could be provided by using federal agents. Aviation Security: a Legislative Overview of S. 1447 The House and Senate passed significantly different aviation security bills. The Senate bill, the Aviation Security Act of 2001, S. 1447 (introduced by Senator Hollings)4, passed with multiple amendments, by a 100-0 vote on October 11, 2001. On November 1, 2001, the House passed the Airport Security Federalization Act of 2001 (S. 1447 as amended by the text of H.R. 3150, introduced by Representative Young). During the House debate the bill was strongly supported by the House Majority leadership and President Bush. The major issues of whether to make security screeners federal employees and whether to shift airport security responsibility to a different agency, along with many other differences had to be resolved in conference. This section provides a brief comparative overview of the House and Senate passed versions of S. 1447. It then discusses the major provisions of The Aviation and Transportation Security Act (ASTA) (P.L. 107-71) as enacted. All three versions of the bill would have increased the federal role in assuring aviation security. The degree of federal involvement provided for in the bills, however, varied significantly. Table 1, at the end of this report sets forth, in side-by-side format, selected provisions from the House, Senate, and enacted versions of S. 1447. The House and Senate-Passed Bills Airport Security Provisions. As passed by the Senate, S. 1447 would have federalized the responsibilities for much of airport security. Most of the law 4 In the House, H.R. 2951, contains identical language to S. 1447 as introduced. H.R. 3165 is identical to the Senate-passed version of S. 1447. CRS-4 enforcement aspects of airport security would have been carried out by the Department of Justice (DOJ). Front-line screeners of passengers and baggage would have been federal employees under the authority of the Attorney General. The bill also would have required the screening of all airline, airport, and concessionaire personnel before they may enter restricted secure areas at an airport. New background checks would have been required for existing employees who have not undergone such checks within the last five years. The Senate bill included significantly more provisions concerning perimeter and secure area access at airports than the House bill. The House bill (S. 1447 as amended by the text of H.R. 3150) provided for the creation of a new administration, the Transportation Security Administration (TSA), within the DOT. Under the House bill, a new Under Secretary for Transportation Security would head the TSA, and would be responsible for transportation security of all modes of transportation, including aviation. This bill did not specify whether, airport security screeners must be federal or contractor employees. It merely prescribed that the screening must be carried out by "persons and procedures acceptable to the Under Secretary." Most supporters of the bill, however, voiced support for contract screener personnel under uniformed federal supervision. The bill was less directive, than the Senate version, concerning access to secured areas. It required the Under Secretary to consult with FAA and then to implement methods to impose standards for the screening of persons or vehicles having access to secure areas of an airport. Federal Air Marshal and Cockpit Security Provisions. The Senate- passed bill, would have kept the FAM program in DOT but directed that the Secretary administer the program under guidelines prescribed by the Attorney General. The House bill would have shifted the responsibility for the FAM program from FAA to the TSA. Both bills called for a major expansion of the FAM program. Both bills contained cockpit security provisions. The Senate-passed bill limited access to authorized flight deck personnel, required strengthening of cockpit doors and locks, and required that cockpit doors be locked during flight and restricts possession of cockpit door keys to the flight deck crew assigned to the flight. The House bill also required the strengthening of cockpit doors and restricted the opening of cockpit doors during flight but, in addition, required cabin video monitors be installed as well as switches that would allow cabin crew to secretly warn flight crews when there are security breaches in the cabin. The House and Senate bills both included provisions that allowed pilots, after successfully completing a training program, to carry a firearm on an aircraft. Funding Provisions. Security Fees. The Senate-passed bill provided that air carriers pay a $2.50 charge for each boarding passenger to offset the costs of providing aviation security services to air carriers. The revenues were only be used to for the costs of providing aviation security services. CRS-5 The House bill provided for a fee, of up to $2.50 for each one-way trip, on airline passengers to pay for the costs of screening passengers and property. Allowable costs were to be limited to salaries and benefits of screening personnel, supervisors, trainers and for the acquisition, operation, and maintenance of their equipment. In addition, the Under Secretary could impose a fee on air carriers to pay the difference between the costs and the revenues collected from the passenger fee. The passenger fee revenues were to be treated as offsets. Authorization. The Senate-passed bill authorized such sums as may be necessary for security funding for FY2002-FY2004. It also authorized such sums as necessary for FY2002 to compensate airports for FAA mandates imposed after September 11, 2001. In addition, the bill expanded the eligibility for Airport Improvement Program funds and use of existing passenger facility charges to include funding for a broader range airport security costs. The House-passed bill authorized $500 million for fortifying cockpit doors, installing video monitors and continuous transponders. The bill authorized $1.5 billion for the direct costs of FAA security related mandates following September 11. This bill also expanded AIP eligibility for FY2002 for small hub and nonhub airports to include staffing and training costs and reimbursement of law enforcement personnel. Other Provisions. There are a number of other provisions of note. Both bills included language requiring the development of programs of training for flight crews for dealing with hijacking attempts. Both bills also included provisions requiring criminal history and background checks for students seeking flight training on certain classes of aircraft. The House bill included a provision that significantly limited the scope of liability for damages arising out of the crashes of September 11. The House version also included a provision requiring the Under Secretary for Transportation Security to deputize all airport screening personnel as federal transportation security agents. Conference Issues Although both the House and Senate bills included many similar provisions there were only two issues of major conflict during conference: the issue of federalization of airport security screeners and the issue of which agency should oversee aviation security. Federalization of Airport Security Screeners. At issue was whether requiring the hiring of federal agents as passenger and baggage screeners would reassure the traveling public of the safety of air travel more than providing federal supervisory personnel to manage contractor employees. This issue was the most difficult to resolve. The compromise provided that, within one year of enactment, all screeners would be federal personnel. Up to five airports, participating in a pilot program, would be exceptions and would operate with security contractor personnel. Three years after enactment airports could opt-out of the federal screener system and contract with private companies for screener services. CRS-6 What Federal Agency Should Have Security Responsibility. Both bills provided for a shift in aviation security responsibilities from the FAA but they differed over which department should take over. The underlying issue was whether aviation security is primarily an aviation issue that can be best managed by a new administration within DOT (the House bill) or is primarily a law enforcement issue that can be best managed by the Attorney General (the Senate bill). The conference agreement included the House proposal for a new Transportation Security Administration within DOT but outside of FAA. The Aviation and Transportation Security Act (ATSA) On November 19, 2001, President Bush signed the Aviation and Transportation Security Act (ATSA) (P.L. 107-71). ATSA shifts much of the responsibility for aviation security from the airports and airlines to the federal government. The Act establishes a new Transportation Security Administration (TSA) headed by an Under Secretary of Transportation for Security. Within three months of enactment, the responsibilities for aviation security would be transferred from the Federal Aviation Administration (FAA) to the TSA. The Under Secretary shall assume the rights and responsibilities of air carriers under their existing security screening contracts and may also make agreements with air carriers to transfer to the United States Government, at no cost, the ownership of equipment, property, and supplies associated with such security screening. The new Administration will be responsible for the security of all modes of transportation but, clearly, most of its personnel and efforts will be directed toward security at airports and of aircraft. The following discussion analyzes ATSA's provisions for airport security, funding, air marshals, cockpit security, and other measures. Airport Security ATSA provides for federal oversight of airport security and requires that security screening personnel be federal employees. Although these screeners would be entitled to most standard federal employee benefits, they can be dismissed at will and are prohibited from striking. The law provides for a one-year transition to a security force staffed by federal employees. Two years later, airports choosing to leave the federalized screening system can elect to return to a system utilizing some private security contractors. The law also provides that five airports can volunteer for a pilot program using private contractors. ATSA includes additional airport security provisions: ! within 60 days, all airports must have in place a system to screen all checked baggage, using explosive detection systems (EDS), alternatives to EDS, such as manual search or bomb sniffing dogs, or a bag match system; ! all checked baggage must be screened by EDS by December 31, 2002; ! the Under Secretary can issue security rules immediately without notice and comment, DOT or OMB review, or cost-benefit analysis (subject to review by a Transportation Security Oversight Board); CRS-7 ! the federal government will assume existing screening contracts within 90 days; [contracts may be extended for 180 days and then an additional 90 days beyond the initial 90 day period]; ! within one year, all screening personnel will be federal employees who (among other requirements) must: be United States citizens; have at least a high school diploma or equivalent; be able to speak, read, and write English; successfully undergo a background check including employment, criminal and national security risk checks; and have the necessary physical ability and dexterity to perform the duties of the screener position; ! members, former members of the armed forces and armed forces retirees are to be given a preference in the hiring of security screeners; ! screening companies participating in the security screening pilot program or contracted by airports taking advantage of ATSA's opt-out provisions, must be U.S. controlled companies; ! all individuals, goods, property, vehicles, and other equipment seeking access to secure areas at an airport, must be screened and inspected before entry; ! at no fewer than 20 airports the Administrator is to establish pilot programs to test and evaluate new and emerging technology for providing access control for closed or secure area of airports; ! the Airport Improvement Program and Passenger Facility Charge Program eligibility for security funding is expanded; ! within 30 days the Under Secretary is to transmit a report on airspace and other security measures that can be deployed to improve general aviation security. Funding and Liability Provisions ASTA authorizes such sums as may be necessary for aviation security for FY2002, FY2003, FY2004, and FY2005. To pay the costs of the new and expanded aviation security programs ASTA authorizes a passenger fee of $2.50 per enplanement (capped at $5 per one-way ticket). Additional funds may be appropriated or come from a fee imposed on air carriers. In addition, the Act authorizes a total of $1.5 billion for FY2002 and FY2003 to reimburse airport operators and on-airport service providers for the cost of post-September 11 FAA security mandates. ASTA also authorizes $500 million for air carriers to defray the costs of security enhancements to aircraft such as fortifying cockpit doors or installing video surveillance cameras. The liability limitations of the Air Transportation Safety and System Stabilization Act (P.L. 107-42) are extended to aircraft manufacturers, airports, New York City, and World Trade Center owners (airport security firms are excluded from the limitations). Federal Air Marshals ATSA provides for the transfer of a greatly expanded Federal Air Marshals program to the TSA. Air Marshals may be deployed on every passenger flight but must be deployed on every flight determined to present high security risks. Carriers CRS-8 are required to provide a free seat for an Air Marshal on any flight designated by the Secretary. A seat on a space-available basis, at no cost, is to be provided for an off- duty Air Marshal returning home after completing his or her assigned flight. The Under Secretary for Transportation Security is to provide for the appropriate training, supervision and equipping of Federal Air Marshals. The Under Secretary is also to establish procedures to ensure that Federal Air Marshals are made aware of any armed or unarmed law enforcement personnel on an aircraft. The age requirement is waived for retired law enforcement, retired military, or furloughed air carrier crew members who otherwise meets the background and fitness requirements for Federal Air Marshals. Cockpit and Cabin Security Measures ATSA requires the strengthening of the cockpit door and locks on any passenger aircraft that has a rigid door in a bulkhead between the flight deck (cockpit) and passenger area. Access to the cockpit is limited to authorized persons. Cockpit doors are to remain locked during flight except when needed for the entrance and exit of authorized persons. The Act prohibits possession of the cockpit door key by anyone not assigned to the flight deck. The Under Secretary is to develop and implement methods to: use video monitors or other devices to alert pilots in the cockpit to activity in the cabin; ensure continuous operation of an aircraft transponder in the event of an emergency; provide ways that cabin crew can discreetly notify pilots of a security breach occurring in the cabin, including the installation of switches or other devices. The FAA is directed to develop a mandatary program of instruction for flight and cabin crews in dealing with hijack situations. Guns and Less-Than-Lethal Weaponry for Flight Crews ATSA authorizes the pilot of a passenger aircraft to carry a firearm into the cockpit subject to the approval of the Under Secretary for Transportation Security and the air carrier. The firearm must be approved by the Under Secretary and the pilot must have had proper training in the use of the firearm. Within 90 days of enactment, ATSA requires the National Institute of Justice (NIJ) to assess the range of less-than-lethal weaponry available for use by a cockpit crew member to temporarily incapacitate an individual who presents a clear and present danger to the safety of the aircraft, passengers, or people on the ground. If, after receiving the recommendations of the NIJ study and the approval of the Attorney General and the Secretary of State, the Secretary of Transportation determines that it is appropriate and necessary and would effectively help avoid air piracy, the Secretary may authorize members of the flight deck crew on any aircraft to carry a less-than-lethal weapon. The Secretary shall prescribe the rules for the training and proper use of the weapon and also the guidelines setting forth the situations under which the weapons may be used. CRS-9 Passenger Manifests ATSA requires that within 60 days of enactment, each air carrier operating a flight in foreign air transportation, shall provide to the Commissioner of Customs, by electronic transmission, prior to landing, in the manner, time, and form prescribed by the Customs Service, a passenger and crew manifest. The manifest is to contain for each passenger or crew the following: 1) full name; 2) date of birth and citizenship; 3) passport number and country of issuance; 4) the United States visa number or resident alien card number; and 5) such other information as the Under Secretary in consultation with the Commissioner of Customs, determines is reasonably necessary to ensure aviation safety. This information may be provided to other federal agencies, upon request, for the purpose fo protecting national security. Carry on Baggage and Unusual Cargo Provisions ATSA includes a provision that set forth that it is the sense of the Congress that the FAA should maintain its current restriction on carry-on baggage of one bag and one personal item (a backpack is to be considered a personal item). The Act also includes sense of the House of Representatives provisions that the Under Secretary should develop security procedures to allow musicians to transport their musical instruments in the cabin notwithstanding carry-on baggage restrictions but subject to reasonable security procedures, terms, and conditions, including imposing additional charges. The other sense of the House is that air carriers that contract to carry United States Postal Service mail should transport any animal that the Postal Service allows to be shipped through the mail. As an enhanced security measure, the Under Secretary for Transportation Security may, in consultation with the Food and Drug Administration, may develop alternative security procedures under which a medical product (including human tissues such as stem cells) would not be subject to an inspection (such as opening and handling or x-ray) that would irreversibly damage the product. Table 1, sets forth selected provisions of the House, Senate, and enacted versions of S. 1447. CRS-10 Table 1: Side-by-Side Comparison of Selected Provisions From Aviation Security Legislation in the 107th Congress Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Federalization In carrying out the program, the Department of A new administration, the Transportation Security Creates the TSA as in the House bill. Keeps the Justice (DOJ) would take over passenger and Administration (TSA) will be created and headed by responsibility for aviation security in DOT but out of (Many provisions could be property screening. The supervision of screening a new Under Secretary for Transportation Security. FAA.. seen as "federalizing" and the actual screening of passengers and property The Under Secretary will be responsible for aviation (Sec. 101) provisions, see also Airport will be done by federal DOJ employees. (Sec. 108) security (which would be transferred from FAA) and Perimeter Access Provisions, The Federal Air Marshal program (FAM) would be also the security of other modes of transportation. However, in requiring that airport security screeners Federal Air Marshals, and administered by the Secretary of DOT but under (Sec. 2) Airport Security Screening would be be federal employees ATSA draws from the Senate Security Screening entries) guidelines prescribed by the Attorney General. It supervised by uniformed federal agents, but the bill. would be expanded substantially and would continue Under Secretary would have the option of (Sec. 110) to be staffed by federal agents. (Sec. 105) contracting for the actual screeners. (Sec. 3) The FAM program would also be under the authority of the Under Secretary. (Sec. 104) Airport Perimeter Access DOT, in consultation with the airport operator and __ Similar to Senate version. Security: deployment of armed law enforcement authorities, may order the (Sec. 106) personnel deployment of such personnel as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier operations at the airport, or to meet national security needs. (Sec. 106) Airport security plan for small FAA shall develop a plan to provide technical __ Similar to Senate version. and medium size airports support to small and medium airports to enhance (Sec. 106) security operations including screening operations, and to provide financial assistance to those airports to defray the costs of enhancing security. (Sec. 106) Airport security for small and Directs FAA in consultation with local and state law Similar to S. 1447, except that the eligibility for the If an airport, after consultation with the appropriate medium airports: threat enforcement authorities to re-examine the safety restriction waiver is not limited to small community state and local law enforcement authorities, assessment and removal of requirements for small community airports to reflect airports. determines that sufficient safeguards are in place to certain restrictions a reasonable threat to those individual small (Sec. 121) sufficiently protect public safety, and so certifies in community airports including the parking of writing to the Under Secretary then the restrictions passenger vehicles within 300 feet of the airport shall not apply after 15days for nonhub airports, 30 terminal building. (Sec. 106) days for small hub airport, 60 days for medium hub airport, and 120 days for a large hub airport; unless, the Under Secretary notifies the airport that the safeguards in place are not adequate and the restriction must be continued. (Sec. 106) CRS-11 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Airport/transportation security Within 60 days of enactment, the Attorney General __ __ performance study and the Secretary of Transportation shall transmit a report to the Congress containing their joint recommendations on additional measures for the federal government to address transportation security functions. (Sec. 112) Airport Perimeter Access DOT shall require all air carriers and airports to __ Similar to Senate version. Security: Awareness Programs develop security awareness programs for airport (Sec. 106) employees, ground crews, and others employed at such airports. (Sec. 106) Airport Perimeter Access FAA shall establish pilot programs in no fewer than __ Similar to Senate version. Security: pilot program to 20 airports to test and evaluate new and emerging (Sec. 106) evaluate emerging technology for providing access control and other technologies security protections for closed or secured area of the airports. Such technology may include biometric or other technology. (Sec. 106) Airport security personnel: The Attorney General shall require any potential The Under Secretary shall require more thorough The Under Secretary shall require that individuals to background checks airport security screener to undergo a background background checks of airport security screeners and be hired as security screeners must undergo and check (including a criminal history record check and persons that have access to aircraft or to secured employment and criminal background check. In a national security risk assessment). Also requires areas of an airport including a review of immigration addition, the Under Secretary is to establish background checks for currently employed security records, law enforcement databases, and records of procedures to ensure that no individual who presents screeners. (Sec. 109) other government and international agencies to a threat to national security is employed as a security determine whether the person may be a threat to screener. (Sec. 111) FAA shall require employment investigations and civil aviation. (Sec. 106) criminal background checks of existing employees Current employees: requires background checks that are security screeners or have access to aircraft Airport operators, air carriers, or certified screening (including criminal history and review of available or secured areas at an airport regularly serving a companies may implement these requirements in law enforcement data bases and records of other certificated air carrier, within 9 months unless such advance of the effective date if their security governmental and international agencies) for any individuals have has such investigations and checks programs conform to section 44936 as amended by individual who currently has unescorted access to an within 5 years of enactment. (Sec. 201) H.R. 3150. (Sec. 107) aircraft or secure area of an airport or screens passengers or property. (Sec. 138) *Current employees: requires background checks (including criminal history and review of available law enforcement data bases and records of other governmental and international agencies) for any individual who currently has unescorted access to an aircraft or secure area of an airport or screens passengers or property unless the individual underwent such a check before the individual began his/her current employment.* (Sec. 107) CRS-12 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Airport Perimeter Access DOT shall require airports to maximize the use of __ Similar to Senate version. Security: chemical and technology and equipment that is designed to detect (Sec. 120) biological weapon detection. potential chemical or biological weapons. (Sec. 106) Airport Perimeter Access DOT, in deploying security personnel, shall consider __ Similar to Senate version. Security: security of aircraft the physical needs of air traffic control facilities, (Sec. 106) and ground access parked aircraft, aircraft servicing equipment, aircraft supplies (including fuel), automobile parking facilities within airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation. (Sec. 106) Airport Perimeter Access DOT, after coordination with the ASCC, shall The Under Secretary, after consultation with FAA, The Under Secretary, as soon as practicable after Security: Screening of Airport consider whether airport and air carrier personnel shall develop and implement methods to impose enactment, shall require the screening or inspection and Air Carrier Personnel with access to secure areas should be screened to standards for the screening or inspection of persons of all individuals, goods, property, vehicles and prevent individuals who present a risk to aviation and vehicles having access to secure areas of an other equipment before entry into a secured area of security or national security from gaining access to airport. (Sec. 106) an airport. Is to establish procedures to ensure the such areas. safety and integrity of: all persons providing (Sec. 106) services; of all supplies; and all persons providing such supplies. Requires vendors to develop security programs. (Sec. 106) Airport Perimeter Access On an ongoing basis, FAA is to assess and test for The Under Secretary after consultation with FAA Similar to Senate version. Security: Improvement of compliance with access control requirements, report shall provide for the use of electronic technology (Sec. 106) Secured-Access Control annually findings of the assessments, and assess the that positively verifies the identity of each employee effectiveness of penalties in ensuring compliance and law enforcement officer who enters a secure with security procedures and take any other area of an airport. (Sec. 106) appropriate enforcement actions when noncompliance is found. FAA shall also work with airport operators to strengthen access control points in secured areas (including air traffic control operations, maintenance areas, crew lounges, baggage handling areas, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.(Sec.106) CRS-13 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Airport Perimeter Access DOT may enter into a memorandum of __ Similar to Senate version. Security: deployment of federal understanding with the Attorney General or other (Sec. 106) law enforcement personnel federal law enforcement agency to deploy federal law enforcement personnel at an airport in order to meet aviation safety and security concerns. (Sec. 106) Anti-hijacking training DOT shall develop and implement a mandatory In consultation with FAA the Under Secretary shall Not later than 60 days of enactment, the program of training for flight and cabin crews in develop and implement methods to update training Administrator of FAA, in consultation with the dealing with attempts to commit aircraft piracy. procedures used by the FAA, law enforcement Under Secretary for Transportation Security and DOT shall develop the training in consultation with agencies, air carriers, and flight crews during appropriate experts, shall develop detailed federal law enforcement agencies with expertise in hijackings to include measures relating to suicidal guidanced for flight and cabin crewmembers for terrorism, self-defense, hijacker psychology and hijackers and other extremely dangerous events not potential threat conditions. Within 60 days later, air current threat conditions. FAA shall review currently described in the training procedures. carriers must develop their training program based procedures by which cabin crews can notify flight (Sec. 106) on the guidance developed by the FAA. FAA shall deck crew of security breaches. (Sec.107) review the plans within 30 days. Within 180 days after approval the air carriers are to have trained all flight and cabin crew members. (Sec. 107) Attorney General of the United The Attorney General: 1) is responsible for the day- The Under Secretary's duties include to: 1) manage The Under Secretary of Transportation for Security States: responsibilities to-day federal security screening operations for and provide, on a day-to-day basis, operational shall head the Transportation Security passenger air transportation [including employment guidance to the field security resources of the TSA, Administration (TSA). The Under Secretary's Under Secretary of standards and training]; 2) shall work in conjunction including security managers; 2) supervise all airport duties are a blend of the House and Senate versions. Transportation Security: with the FAA Administrator with respect to any security and screening services using federal (Sec. 101) responsibilities actions or activities that may affect aviation safety or uniformed personnel; 3) to assess and distribute air carrier operations; 3) is responsible for hiring intelligence related to transportation security; 4) and training personnel to provide security screening assess threats to transportation; 5) develop policies, at all United States airports involved in passenger strategies for dealing with transportation security air transportation in consultation with DOT, DOD, threats; 6) make plans related to transportation and other appropriate federal agencies; 4) shall security, including countermeasures with other parts actively cooperate and coordinate with the Secretary of the federal government; 7) serve as the primary of DOT, the Secretary of DOD, and heads of other liaison for transportation security to the intelligence appropriate federal agencies with responsibilities for and law enforcement communities; 8) enforce national security and criminal justice enforcement regulations; 9) identify and undertake R&D activities, related to aviation security, through the activities necessary to enhance transportation ASCC. security; 10) inspect, maintain, and test security (Sec. 102) facilities, equipment and systems; 11) oversee implementation of security measures; 12) ensure security of cargo transportation; 13) perform background checks of screening and other critical personnel; 14) develop standards for hiring and retention of security screening personnel; 15) train and test security screening personnel. (Sec. 101) CRS-14 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Aviation Security Coordination Establishes the Aviation Security Coordination Establishes the Transportation Security Oversight Similar to the House version. Council (ASCC) and the Council (ASCC), chaired by the Secretary of DOT or Board (TSOB), chaired by the Secretary of DOT. (Sec. 102) the Secretary's designee.(Sec. 103) (Sec. 112) Transportation Security Oversight Board (TSOB): Establishment Aviation Security Coordination The ASCC membership shall be: the Secretary of The TSOB membership shall be: the Secretary of Similar to the House version, except that the Council/ Transportation DOT or the Secretary's designee, the Attorney DOT or the Secretary's designee, the Attorney Director of the CIA or the Director's designee is General or the Attorney General's designee, the General or the Attorney General's designee, the included and the National Security Council and the Security Oversight Board: Secretary of Defense or the Secretary's designee, the Secretary of Defense or the Secretary's designee, the Office of Homeland Security both get a membership. Secretary of the Treasury or the Secretary's Secretary of the Treasury or the Secretary's (Sec. 102) membership designee, the Director of the Central Intelligence designee, one member appointed by the President to Agency or the Director's designee, and any other represent the National Security Council or the Office federal agency determined by the Secretary of DOT of Homeland Security. (Sec. 112) in consultation with the Attorney General. (Sec. 103) Aviation Security Coordination The Council shall work with the intelligence The Board shall: review and ratify or disapprove any The Board shall: review and ratify or disapprove any Council/ Transportation community to coordinate intelligence, security, and regulation or security directive issued by the Under regulation or security directive issued by the Under Security Oversight Board: criminal enforcement activities affecting the safety Secretary of Transportation for Security within 30 Secretary of Transportation for Security within 30 function and duties and security of aviation at all U.S. airports and air days after issuance; share intelligence information days after issuance; facilitate the coordination of navigation facilities involved in interstate or with the Under Secretary; review plans for intelligence, security, and law enforcement activities intrastate air transportation. The Secretary of DOT, transportation security; review performance affecting transportation; facilitate the sharing of such working through the Council shall enter into standards for airport security screeners; review information among federal agencies and with memoranda of understanding with other federal screener compensation; review security equipment carriers and other transportation providers as agencies to share or otherwise cross-check data on procurement; review selection performance and appropriate; explore the technical feasibility of such individuals identified on federal agencies compensation of senior executives in the TSA; developing a common database of individuals who databases and may utilize other available data bases review budget requests of the Under Secretary; and may pose a threat to transportation or national and evaluate and assess technologies in development make recommendations regarding the above. security; review plans for transportation security; or use at federal departments, agencies, etc, that make recommendations to the Under Secretary might be useful in improving the safety and security The Under Secretary shall establish a Transportation regarding matters reviewed. (Sec. 102) of aviation in the U.S. (Sec. 103) Security Advisory Council (TSAC) to provide advice and counsel to the Under Secretary on issues concerning the administration of the TSA. (Sec. 112) Background checks for aliens Prohibits the sale, lease, or charter of any aircraft to __ __ engaged purchase or leasing of an alien without the certification of the completion aircraft of a background investigation of the alien by the Attorney General. (Sec. 131) CRS-15 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Baggage and freight: property __ *Property security program: 1) final deadline for Requires that a system must be in operation to security program screening­no later than December 31, 2003, a screen all checked baggage at all airports within 60 system must be in operation to screen all checked days of enactment. All commercial service airports baggage at all airports in the United States; 2) the in the United States are to have sufficient explosive Under Secretary shall ensure that explosive detection equipment to screen all checked baggage detection equipment installed at airports to screen no later than December 31, 2002. The Under checked baggage is used to the maximum extent Secretary is to assure that all deployed systems are possible; 3) the Under Secretary shall install fully utilized. If the equipment is not available all additional explosive detection equipment at airports checked baggage must be screened by an alternative as soon as possible to ensure that all checked means. baggage is screened before being placed in an aircraft; 4) interim bag match programs­until Where EDS is not available baggage must be enough detection equipment is installed to screen all screened by one or more of the following: bag match baggage the Under Secretary shall require air program; manual search; dog sniffing; other means carriers to implement bag-match programs to ensure approved by the Under Secretary. that no baggage is stowed unless the passenger (Sec. 110) checking the baggage is on the aircraft.* (Sec. 106) Cabin and secure area access: __ *The Under Secretary shall establish a uniform Similar to House version. identification system for armed system of identification for all state and local law (Sec. 109) state and local law enforcement personnel for use in obtaining enforcement personnel permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport.* (Sec. 106) Carry-on baggage: medical __ *The Under Secretary shall, in consultation with the Similar to House version. products Commissioner of Food and Drugs, develop security (Sec 109) procedures under which a medical product to be transported on a flight of an air carrier would not be subject to manual or x-ray inspection if conducting such an inspection would irreversibly damage the product.* (Sec. 106) Carry-on baggage __ The Under Secretary shall develop and implement a Similar to House version. property security program to ensure the security of (Sec. 110) all property carried on passenger aircraft by; mandating that such property is screened; or ensuring that no checked baggage is carried on the aircraft unless the passenger who checks the baggage is aboard the aircraft; or other methods. The Under Secretary shall ensure that baggage screening equipment is used to the maximum extent. (Sec. 106) CRS-16 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Chemical and Biological DOT shall require airports to maximize the use of __ Similar to Senate version. Weapon Detection technology and equipment that is designed to detect (Sec. 120) potential chemical or biological weapons. (Sec. 106) Cockpit (flight deck) security: FAA is authorized to permit, a pilot, co-pilot, or DOT shall not take any action to prevent a pilot of A pilot of a passenger aircraft can be authorized to arming flight deck crew with flight engineer, who has successfully passed a an air carrier from taking a firearm into the cockpit, carry a firearm into the cockpit, if the Under firearms voluntary training program and is not otherwise if it is the policy of the air carrier to permit pilots to Secretary approves, the air carrier approves, the prohibited by law from possessing a firearm, to be armed and the pilot has successfully completed a firearm is approved by the Under Secretary, and the possess or carry a firearm approved by the FAA for training program for the carriage of firearms aboard pilot has received proper training for the use of the the protection of the aircraft. (Sec. 125) aircraft that is acceptable to the Under Secretary. firearm. (Sec. 106) (Sec. 129) Cockpit (flight deck) security: Calls for a National Institute of Justice Study to The Under Secretary in consultation with FAA shall Calls for a National Institute of Justice Study to arming flight deck crew with assess the range of less-than-lethal weapons for use develop procedures and authorize equipment for assess the range of less-than-lethal weapons for use less-than-lethal weaponry by flight crews. (Sec. 122) pilots and other member of the flight crew to use to by flight crews. If, after reviewing the defend an aircraft against acts of criminal violence recommendations of the study and with the approval or aircraft piracy. (Sec. 106) of the Attorney General and the Secretary of State, the Secretary determines it is appropriate and necessary and would serve the public interest in avoiding air piracy, the Secretary may authorize members of the flight deck crew to carry a less-than- lethal weapon. (Sec. 126) Cockpit (flight deck) security 1) Limits cockpit access to authorized personnel; 2) The Under Secretary shall develop and implement Combines the Senate and House provisions. measures requires strengthening of cockpit door and locks to methods to restrict the opening of a cockpit door (Sec. 104) prevent their being opened from the cabin side; 3) during flight and to fortify cockpit doors to deny cockpit doors must be kept locked during flight access from the cabin to the cockpit; to use video except for passage of the flight crew in and out; 4) monitors or other devices to alert pilots in the prohibits possession of cockpit door key by any crew cockpit to activity in the cabin; to ensure continuous member who is not assigned to the flight deck; 5) operation of an aircraft transponder in the event of take such other action, including modification of an emergency; and to provide for the installation of safety and security procedures, to ensure the safety switches in an aircraft cabin to enable flight and security of the aircraft. (Sec. 104) attendants to discreetly notify pilots of a security breach in the cabin. (Sec. 106) Department of Justice for Within 120 days of enactment, the Attorney General __ __ Aviation Security: report on will report to the appropriate congressional new responsibilities committees on the new responsibilities fo the Department of Justice for aviation security under the Act. CRS-17 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Deputy Secretary of The Deputy Secretary shall, during a national __ Similar to the Senate version. Transportation for Aviation emergency: 1)coordinate domestic transportation, (Sec. 101) Security: National Emergency including aviation, rail, and other surface Responsibilities transportation, and maritime transportation (including port security); 2) coordinate the transportation-related responsibilities of other departments and agencies of the federal government (excepting DOD); 3) establish uniform national standards and practices for transportation during a national emergency; 4) coordinate and provide notice [to all levels of government] about threats to transportation; 5) carry out other duties as prescribed by the Secretary of DOT. The authority of the Deputy Secretary shall not supercede the authority of any other department or agency of the federal government. The Deputy will report to Congress on an annual basis. (Sec. 102) Deputy Secretary of Provides that until the President appoints the Deputy Transfer of FAA authority to the Under Secretary to Same as House version. Transportation for Aviation Administrator, his/her functions will be carried out take place within three months. (Sec. 101) (Sec. 101) Security of Under Secretary for by the Assistant Administrator for Aviation Security. Transportation Security: (Sec. 102) transition Deputy Secretary of Creates a new position within the DOT: Deputy Creates the Transportation Security Administration Same as House version. Transportation for Secretary for Transportation Security. Appointed by (TSA) to be headed by the Under Secretary of (Sec. 101) Transportation Security or the President. The Deputy Secretary shall carry out Transportation for Security. The Under Secretary is Under Secretary of duties and powers prescribed by the Secretary to be appointed by the President and is to be Transportation for Security relating to security of all modes of transportation. responsible for security in all modes of (Sec. 102) transportation. (Sec. 101) CRS-18 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Deputy Secretary for The Deputy Administrator shall: coordinate and The Under Secretary shall be responsible for Similar to House version. Transportation Security or direct, as appropriate, the functions and security in carrying out 49 U.S.C. chapter 449 (Sec. 101) responsibilities of the Secretary of Transportation relating to aviation security and security Under Secretary of and the Administrator of FAA under 49 U.S.C. responsibilities currently exercised by the modal Transportation for Security: chapter 449 [Security]; work in conjunction with the Administrations of the DOT. Duties under chapter Administrator of the FAA with respect to any actions 449 are to be assumed not later than 3 months after administrative authority or activities that may affect aviation safety or air enactment. Upon request by the Under Secretary, an carrier operations; and coordinate with the Attorney air carrier may enter into agreement with the Under General and the Secretary of Defense and other Secretary to transfer any contract the carrier has federal agencies whose responsibilities for national entered into with respect to carrying out any security and criminal justice enforcement activities screening or security function. In addition, the are related to aviation security, through the Aviation Under Secretary has the administrative authority Security Coordination Council. (Sec. 102) over facilities, personnel, funds transfers, and acquisition at the same level as head of other DOT Administrations. (Sec. 101) Duties: to Review Security The Deputy is to review and develop ways to The Under Secretary shall conduct research and The TSA assumes the security research and Technology strengthen and enhance the ability to detect development activities appropriate to develop, development activities currently carried out by the nonexplosive weapons, such as biological, chemical, modify, test and evaluate means of protecting FAA. or similar substances; and to evaluate such passengers and property against act of criminal (Sec. 101) additional measures to enhance physical inspection violence and aircraft piracy. of passengers, luggage, and cargo. (Sec. 101) (Sec. 102) Encouraging airline employees Exempts airline employees from civil liability for __ Similar to Senate version. to report suspicious activities any truthful disclosure of suspicious activities to law (Sec. 125) enforcement officials. (Sec. 121) Enhanced security for aircraft Requires FAA, within 90 days of enactment, to __ __ implement programs to provide security screening for all aircraft larger than 12,500 pounds not yet operating under security procedures prescribed by the FAA. Within one year FAA shall implement a similar program for all aircraft under 12,500 pounds. (Sec. 131) CRS-19 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Federal Air Marshals: DOT may appoint retired law enforcement officers *The Under Secretary is to provide, in choosing Similar to Senate version. appointment of retired law or retired military as a federal air marshal, among applicants for a position as a federal air (Sec. 105) enforcement officers and regardless of age, or discharged or furloughed from a marshal, a preference for the hiring of a pilot of an furloughed airline flight crew commercial airline cockpit crew position, if the air carrier whose employment with the air carrier personnel individuals otherwise meets the background and was terminated as a result of a reduction in the fitness qualifications required of federal air workforce of the air carrier if the pilot is otherwise marshals. qualified for the position.* (Sec. 105) (Sec. 105) Federal Air Marshals: Interim DOT may, after consultation with the heads of other *Provides that the U.S. may use, in consultation and Similar to House measure. Measures federal agencies and departments, use personnel concurrence of the heads of federal agencies and (Sec. 105) from those agencies and departments, to provide air departments, personnel from those agencies and marshal service on domestic or international flights. departments, on a non-reimbursable basis, to (Sec. 105) provide air marshal service.* (Sec. 105) Federal Air Marshals: training, Within 30 days of enactment DOT will: 1) provide The Under Secretary shall; 1) provide for The Under Secretary shall: 1)provide for appropriate supervision, and flight for deployment of federal air marshals on air appropriate background and fitness checks for training, supervision and equipping of federal air assignments. transportation flights; 2) provide background and candidates for appointment as federal air marshals; marshals; 2) require air carriers to provide seating fitness checks for air marshal candidates; 3) provide 2) provide for appropriate training, supervision, and for an air marshal at no cost, regardless of seat for appropriate air marshal training, supervision, and equipment of federal air marshals at the FAA's availability; 3) require that, on a space-available equipping; 4) require air carriers to provide seating facility in New Jersey; and 3) require air carriers to basis, a seat be provided to off-duty federal air for air marshals without regard to seat availability. provide seating for a federal air marshal at no cost marshals returning home. (Sec. 105) and regardless of availability. 4) *requires that, on a (Sec. 105) space available basis, a seat be provided to off-duty federal air marshals returning home.* (Sec. 105) Federal Air Marshals: DOT may place federal air marshals on every The Under Secretary shall provide for deployment of Similar to Senate version. deployment priority scheduled commercial passenger flight and shall federal air marshals on selected passenger flights of (Sec. 105) place them on every such flight determined by DOT air carriers. (Sec. 105) to present high security risk. In making this determination, nonstop long-haul flights, such as those targeted on September 11, 2001, should be a priority. (Sec. 105) CRS-20 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Federal Air Marshals: Attorney The Attorney General shall prescribe guidelines for The Under Secretary of Transportation for Security, Similar to House version. General responsibilities the training and deployment of individuals under the authority provided the Secretary of (Sec. 105) authorized, with the approval of the Attorney Transportation is to administer the deployment of General, to carry firearms and make arrests under 49 federal air marshals. (Sec. 105) U.S.C. 44903 (d). The Secretary of DOT shall administer the air marshal program under that section in accordance with the guidelines prescribed by the Attorney General. (Sec. 105) Federal Air Marshals: __ The Under Secretary shall enter into agreements Similar to House version. assistance from armed law with federal, state, and local agencies under which (Sec. 105) enforcement personnel appropriately-trained law enforcement personnel from such agencies, when traveling on a flight, will carry a firearm and be prepared to assist federal air marshals. (Sec. 106) Flight school student Requires INS status, criminal history, and national The Under Secretary shall provide for background Requires INS status, criminal history, and national background checks security risk background checks by the Attorney checks of individuals seeking instruction (including security risk background checks by the Attorney General for any aliens or others specified by DOT, training through the use of flight simulators) in General for any aliens or others specified by DOT, before they can receive training in the operation of flying aircraft that has a minimum certificated before they can receive training (including training any jet aircraft. Flight schools must submit records takeoff weight of more than 12,500 pounds. (Sec. in a simulator) in the operation of any aircraft of aliens receiving training for jet aircraft. DOT to 106) having a maximum certificated take-off weight of work with ICAO to improve international aviation 12,500 pounds or more. DOT is to work with ICAO security through screening programs for candidate to improve international aviation security through flight students. screening programs for candidate flight students. (Sec. 111) (Sec. 113) Flights to the U.S.: passenger __ Within 60 days the Under Secretary shall require all Identical to House version. manifests international flights into the U.S. to transmit (Sec. 117) electronically a passenger and crew manifest including: full name; date of birth and citizenship; gender; passport number and country of issuance; U.S. visa number or resident alien card number; passenger name record; and other information determined by the Under Secretary. (Sec. 111) CRS-21 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Funding: Flexibility for Expands the Airport Improvement Program (AIP) Expands AIP eligibility to include: the staffing and Blend of House and Senate versions. aviation security (AIP and eligibility to permit AIP formula or discretionary training costs or reimbursement for law enforcement (Sec. 119) PFCs) funds for FY2002 be used to defray expenses personnel at non-hub or small hub airports; in imposed after Sept. 11th by law or regulation. For FY2002, any non-primary airport's activities, if that FY2002 non-capital expenses, such as hiring, airport is located within the confines of enhanced training , providing appropriate personnel are also class B airspace, as defined by Notice to Airmen made eligible. The federal share for aviation FDC 1/0618 issued by the FAA; in FY2002, security related costs is 100%. Passenger facility payments for debt service on indebtedness incurred charge (PFC) requests for security purposes shall *by a sponsor or at a privately owned or operated receive expedited processing and approval. (Sec. airport passenger terminal financed by indebtedness 119) incurred by the sponsor*, to carry out a project if the Secretary determines that such payments are necessary to prevent default. The federal share for these specific costs (but not all capital costs) is 100%. (Sec. 113) Funding: Authorization Authorizes such sums as may be necessary for Authorizes such sums as may be necessary for the Authorizes such sums as may be necessary for fiscal aviation security funding for fiscal years 2002, 2003, operations of the TSA. Authorizes $500 million to years 2002,2003,2004,2005 for security activities. and 2004. fortify cockpit doors, install video monitors, and Also authorizes $500 million for FY2002 to fortify (Sec. 118) continuous transponders. Authorizes, for FY2002 cockpit doors, provide for cabin video monitoring, to *and FY2003*, $1.5 billion to reimburse airport ensure continuous transponder use, and other Employment authorization: the Attorney General is operators for direct costs incurred to comply with technologies. (Sec. 118) authorized to employ, appoint, and fix the new additional or revised security requirements compensation of such a number of individuals as imposed on airport operators by the FAA on or after In addition, ATSA authorizes for FY2002 and may be necessary to carry out 49 U.S.C. 44901, Sept. 11, 2001. *Requires airport operators to FY2003, $1.5 billion to reimburse airport operators Screening of Passengers and Property, and 49 U.S.C. provide DOT with assurances that they will meet and vendors of on-airfield services for the direct 44903 [Air Transportation Security], for such a with airport tenants to discuss rent adjustments to costs incurred to comply with new, additional or number of individuals as the Attorney General account for losses in revenue incurred by the tenants revised security requirements imposed on such determines to be necessary to carry out the on and after September 11. Operators must provide operators by the FAA. (Sec. 121) passenger security screening functions under 49 DOT with an itemized list of costs incurred by the U.S.C. 44901. (Sec. 109) operator to comply with the security requirements and include costs relating to landing fees, automobile parking revenues, rental cars, restaurants and gift shops.* (Sec. 109) CRS-22 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Funding: Security fee DOT is to collect a user fee from commercial air Within 60 days of enactment, the Under Secretary is The Under Secretary shall impose a fee on carriers to offset the Department's costs of to impose a fee on airline passengers on flights passengers on flights originating in the U.S. The fee providing aviation security services to air carriers. originating at airports in the U.S. to pay for the costs is not to exceed $2.50 per enplanement or $5 for Commercial air carriers are to pay $2.50 for each of screening passengers and property. The revenues each one-way trip. The revenues are to be treated as passenger enplanement. The amounts collected may are to be treated as offsetting collections. The costs off-setting receipts. The fee is to pay for the costs of be used solely for the costs associated with are limited to salaries and benefits of screening Salary, benefits, retirement, etc. for screening providing aviation security services and may be used personnel, supervisors, trainers and for the personnel, their supervisiors and managers and only to the extent provided in advance in an acquisition, operation and maintenance of their federal law enforcement personnel at airports; for appropriation law. Effective 180 days after equipment. The fee may not exceed $2.50 on a 1- training costs; for background check costs; for the enactment. (Sec.118) way trip. In addition to the fee, the Under Secretary Federal Air Marshals program; and for security may impose a fee on air carriers to pay for any research. If the passenger fee is insufficient a fee difference between the costs and the amount may be imposed on air carriers but they are not to collected under the passenger fee. Air carriers are pay more than their costs for security screening in not to pay more than they payed for screening calendar year 2000. activities in 2000. (Sec. 108) (Sec. 116) Funding: amending the Air -- *The President may set aside a portion of the Similar to House version. Transportation Stabilization amount payable to air carriers under section (Sec. 125) Act (P.L. 107-42) to 101(a)(2) of the Transportation Safety and System compensate air ambulance Stabilization Act (P.L. 107-42), to provide services compensation to air carriers providing air ambulance services. The $4.5 billion provided in the Act will be reduced by the amount set aside.* (Sec. 114) General Aviation and Air DOT shall submit to the Congress within three __ Similar to Senate version. Charter Security Report month after the date of enactment a report on how to improve security with respect to general aviation and air charter operations in the U.S. (Sec. 15) CRS-23 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Liability limitation for __ *Amends the Air Transportation Safety and System Similar to House version, however, ATSA does not damages arising out of the Stabilization Act (P.L. 107-42) to prohibit any protect airport security contractors from liability. crashes of September 11 federal court or agency or state court or agency from (Sec. 201) enforcing a federal or state law holding any person, or any state or political subdivision thereof, liable for any damages arising out of the hijacking and subsequent crashes of Sept. 11, 2001. If any party to action is determined to be liable­total damages ordered by the court may not exceed the amount of insurance minus any payments made pursuant to a court approved settlement, which such party is determined to have obtained prior to September 11, and which is determined to cover liability for any damages arising out of the hijacking and subsequent crashes of Sept. 11. The party shall not be liable for interest prior to judgement or for punitive damages. The court shall reduce damages awarded to a plaintiff by the amount of collateral source compensation that the plaintiff has received or is entitled to receive. Attorney fees are subject to the discretion of the court but are not to exceed 20%. Exempts from these provisions the hijackers or conspirators.* (Sec. 201) Limitation on liability for acts __ An individual shall not be liable in any action in a Similar to House version. to thwart criminal violence or federal or state court arising out of the acts of the (Sec. 144) aircraft piracy individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual in good faith believed that such an act was occurring or was about to occur. (Sec. 110) Mail and freight waivers During a national emergency, the Secretary of DOT The Under Secretary may grant a waiver similar to Similar to Senate version. in consultation with the ASCC may grant a full or S. 1447, except that the waiver is limited to flights (Sec. 127) partial waiver of restrictions on the carriage by to or from a community that is not accessible by aircraft of freight, mail, emergency medical supplies, road, or is more than 200 miles from a hub airport personnel, or patients on aircraft. (Sec. 123) and there does not have to be a national emergency. The waiver is subject to review and limitation by the TSOB. (Sec. 120) CRS-24 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) National air space restrictions Within 30 days of enactment the President shall Rescinds any Notice to Airmen FDC 1/0618 issued Upon the request of an operator of an aircraft submit to certain congressional committees a report by the FAA, or any other regulation, order, or affected by the restrictions imposed under notice to describing any remaining restrictions that are a directive that restricts U.S. registered aircraft in Airmen FDC 1/0618 or any other notice issued after result of the Sept. 11th attacks and a justification for enhanced class B airspace, on the 10th day following 9/11 that restricted registered aircraft from operating such restriction remaining place. enactment. in class B air space, such restrictions shall cease to (Sec. 129) (Sec. 119) be in effect 30 days after the request unless DOT publishes a notice in the Federal Register before the 30th day reimposing the restriction and explaining why. (Sec. 146) Penalties for Interference With An individual within the airport jurisdiction of the __ Senate provision. Security Personnel U.S. who, by assaulting or intimidating a federal, (Sec. 114) airport, or air carrier employee who has security duties within the airport interferes with the performance of the duties of the employee, shall be fined under title 18, imprisoned for not more than 10 years, or both. If a dangerous weapon is used, the individual may be imprisoned for any term of years or for life. (Sec. 16) Screening passengers and Amends the Wendell H. Ford Aviation Investment *The Under Secretary shall deputize, for __ property: and Reform Act to permit the deputizing of state and enforcement of such federal laws as the Under Deputizing state and local Law local law enforcement officers to function as airport Secretary determines appropriate, all airport enforcement personnel security screeners. (Sec. 108) screening personnel as federal transportation security agents and shall ensure that such agents Deputizing current contractor operate under common standards and common personnel uniform, insignia, and badges. The authority to arrest an individual may be exercised only by supervisory personnel who are sworn, full-time law enforcement officers.* (Sec. 102) Security Screening by private __ __ The Under Secretary shall establish a pilot program companies of up to 5 airports using private screening companies. (Sec. 108) Screening passengers and Allows small nonhub commercial airports to use __ __ property at small community state or local law enforcement personnel. Screening airports services must be at the same level as at checkpoints staffed by federal screeners. The Attorney General in consultation with DOT may modify the requirements under certain circumstances. (Sec. 108) CRS-25 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Screening passengers and The Attorney General shall provide for the screening __ Similar to Senate provision. property: employee screening of all persons, including airport, air carrier, foreign (Sec. 106) air carrier, and airport concessionaire employees, before they are allowed into sterile or secure areas of the airport, as determined by the Attorney General. The use of available nonintrusive and other inspection and detection technology is to be maximized. (Sec. 108) Screening passengers and DOT shall explore the feasibility of establishing and The Under Secretary, in consultation with air The Under Secretary is to work with the TSOB to property: cross-checking implementing a system for cross-checking data on carriers and other government agencies, establish explore the feasibility of developing a common security-related databases and individuals identified on all federal agency security- policies and procedures requiring air carriers to use database of individuals who may pose a threat to other shared-data systems related data bases. (Sec. 103) information from government agencies to identify transportation or security. (Sec. 102) individuals on passenger lists who may be a threat to civil aviation and , if an individual is identified, to notify appropriate law enforcement agencies and prohibit the individual from boarding an aircraft. (Sec. 106) Screening Passengers and The Attorney General shall require manual searches The Under Secretary shall require a manual process Similar to House version. Property: Manual process at explosive detection system screening locations in at explosive detection system screening locations in (Sec. 110) airports where explosive detection equipment is airports where explosive detection equipment is underutilized. This is to augment the Computer underutilized. This is to augment the Computer Assisted Passenger Pre-screening System (CAPPS) Assisted Passenger Pre-screening System (CAPPS) selections to assure that the minimum number of selections to assure that the minimum number of bags, prescribed by the Attorney General, is bags, prescribed by the Under Secretary, is searched. searched. In setting the number of bags to be (Sec. 103) searched, the Attorney General is to seek to maximize the use of the explosive detection equipment. (Sec. 108) CRS-26 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Screening passengers and The Dept. of Justice under the Attorney General, in The Transportation Security Administration (TSA), Blend of both versions. Federal employees must do property: the agency consultation with the Secretary of DOT, shall be under the Under Secretary of Transportation for the screening after one year. responsible and its role responsible for the screening of all passengers and Security assumes the responsibility for the screening (Sec. 110) property, including the U.S. mail, cargo, carry-on of passengers and property on passenger aircraft and checked baggage, carried aboard or in the cabin that, on date of enactment, was performed by an of a commercial aircraft. employee or agent of an air carrier, intrastate air carrier or foreign air carrier. *The Under Secretary The screening must: 1) be done prior to boarding may perform any additional screening that the Under and 2) be carried out by federal government Secretary deems necessary.* The Under Secretary personnel (except at small community airports). shall prescribe regulations requiring screening of all DOT is to maximize the use of available passengers and property that will be carried in a nonintrusive and other inspection and detection cabin of an aircraft. technology approved by the FAA.(Sec. 108) The screening must: 1) be done prior to boarding; 2) be done by persons and procedures acceptable to the Under Secretary; 3) be supervised by uniformed federal personnel of the TSA who shall have the power to order the dismissal of nay individual performing such screening. (Sec. 102) Screening program: opting-out __ __ If two years after the federalization of the airport of the federal screening system security screening is certified. Airports may apply to opt out of the use of federal screeners in favor of hiring private screeners. (Sec. 108) Screening Passengers and __ *Requires that any private security firm retained to Similar to House version. property: security firm provide airport security services be owned and (Sec. 108) ownership controlled by a citizen of the United States, to the extent that the President determines that there are firms owned and controlled by such citizens.* (Sec. 104) CRS-27 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Security Screening Personnel: Within 30 days of enactment the Attorney General The Under Secretary shall prescribe employment Blend of Senate and House versions. Hiring Qualifications and will develop a plan for training of federal airport standards for persons who screen passengers and (Sec. 111) Employment Standards security screening personnel, which shall, at a property, which shall include: a requirement that all minimum, require an individual to 1) get a personnel who screen passengers and property be satisfactory score on the screening exam; 2) have citizens of the United States; a preference for hiring been a national of the U.S. for at least 5 consecutive retired armed forces personnel. Until the final rule years; 3) have passed a drug test; 4) have at least a is issued the bill specifies an number of high school diploma; 5) have a variety of physical requirements including: 1) a high school diploma, abilities needed to properly operate the equipment GED, or their equivalent; 2) a variety of physical and perform searches; 6) be able to adequately read, abilities needed to properly operate the equipment write, and speak English. 7) pass a rigorous and perform searches; *the ability to demonstrate background check. 8) pass an annual proficiency daily a fitness for duty without any impairment due review. (Sec 109) to illegal drugs, sleep deprivation, medication or alcohol*; and 3) an adequate command of English. (Sec. 104) Security screening personnel: The Attorney General, notwithstanding any other The uniformed federal personnel of the TSA who Similar to Senate version. The report language suspension and removal provision of law, may employ, appoint, discipline, shall supervise all screening of passengers and asserts that it is the expectation of the conferees that terminate, and fix the compensation, terms, and property at airports shall have the power to order the employees shall receive the standard health, workers conditions of employment of federal service for such dismissal of any individual performing such compensation, and retirement benefits received by a number of individuals as the Attorney General screening. (Sec. 104) federal employees. determines to be necessary to carry out passenger (Sec. 111) screening functions. (Sec. 109) Security screening personnel: Applies the prohibition against strikes by federal Individuals that screen passengers or property, or strike prohibition workers to security screeners. (Sec. 109) both, at an airport may not participate in a strike or assert the right to strike, against the person (including a governmental entity) employing such an individual. (Sec. 104) Security screening personnel: The Attorney General shall establish, within 30 days Per 49 U.S.C. 44935, as amended by the Act, the Similar to Senate version. qualification standards of enactment, qualification standards for individuals Under Secretary is to prescribe standards, within 6 (Sec. 111) to be hired by the United States as airport security months of enactment, for the employment of screening personnel, who must: 1) have a security screeners. (Sec. 104) satisfactory or better score on a federal security screening personnel selection exam; 2) be a U.S. citizen; 3) meet the employment history verification and criminal history record check requirements of 14 C.F.R. 107.31; and 4) pass a drug test. (Sec. 109) CRS-28 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Security screening personnel: The Attorney General is authorized to employ, __ __ authorization of employment appoint, and fix the compensation of such a number of individuals as may be necessary to carry out 49 U.S.C. 44901, Screening of Passengers and Property, and 49 U.S.C. 44903 [Air Transportation Security], for such a number of individuals as the Attorney General determines to be necessary to carry out the passenger security screening functions under 49 U.S.C. 44901. (Sec. 109) Security Screening Personnel: The Attorney General, within 60 days of enactment, Within 6 months of enactment, the Under Secretary Similar to Senate version. Training is to develop a plan for the training of security shall issue a final rule on the certification of (Sec. 111) screening personnel. The plan shall, at a minimum, screening companies. The Secretary shall require 1) require: 40 hours of classroom instruction; 60 hours all screeners, screener supervisors, and screener of on the job instruction; successful completion of an instructors to have satisfactorily completed all on-the-job examination (training must be equipment initial, recurrent, and appropriate specialized specific). DOT will require training in the most up- training necessary to ensure compliance with the to-date equipment. DOT must make periodic requirements of section 44935 [Employment assessments of dual-use items (e.g. box cutters) and Standards and Training]. 2) during on-the-job inform screening personnel. training, may perform security functions if the (Sec. 109) individual is closely supervised and does not make independent judgments; 3) individuals that fail an operational test may not perform screening until the individual has successfully completed remedial training. (Sec. 104) Security screening personnel: The Attorney General must by rule require all The Under Secretary shall develop standards and Similar to Senate version. testing federal screeners to be tested for proficiency not less procedures, *and performance goals*, for the (Sec. 111) than once each year. In addition the Attorney issuance, renewal, and revocation of a certificate of General shall also provide for the operational qualification for airport security screeners. Also testing of such personnel. shall provide for the use of threat image projection (Sec. 109) or similar devices to test screeners and establish procedures to revoke screener certification for screeners that fail to maintain a required level of proficiency. (Sec. 106) Security personnel: alcohol and __ The authority of FAA to test airport security Similar to House version. drug testing screening personnel are transferred to the Under (Sec. 111) Secretary. Requires testing of these employees by their employers instead of by air carriers. Applies to FAA safety-sensitive employees and TSA employees whose duties include responsibility for security- sensitive functions. (Sec. 115) CRS-29 Topic Aviation Security Act of 2001 Airport Security Federalization Act of 2001 Aviation and Transportation Security Act (S. 1447--Hollings) (S. 1447 as amended by H.R. 3150--Young) (P.L. 107-71) Passed Senate Passed House Nov. 1, 2001 Enacted Nov. 19,2001 Oct. 11, 2001 (*...* denotes provisions from manager's amendment of Nov. 1, 2001) Security technologies Within 6 months the Deputy Secretary for Aviation __ __ deployment: deployment of Security shall assess: the effectiveness of biometric emerging technologies system currently in use; the effectiveness of increased surveillance at access points; the effectiveness of card or key pad-based access systems; emergency exit systems; the elimination of the "piggy-backing" phenomenon. The Deputy shall commence deployment of short-term upgrades to CAPPS and the distribution of "watch list" information. (Sec. 211) Security technologies Authorizes an additional $50 million annually for __ Similar to Senate version. deployment: research and FY2002 through FY2006 for research in security (Sec. 137) development technologies. Also authorizes $20 million for the FAA to issue research grants in conjunction with the Defense Advanced Research Projects Agency for research in longer term improvements to airport security including weapons detection, secure information networking, biometric, and other technologies for preventing acts of terrorism in aviation. (Sec. 221) Ticket provision: honoring __ *Provides that air carriers must honor other air Same as House version. other air carrier tickets on war carriers' tickets on a route where an air carrier has (Sec. 145) or terrorism impacted routes had to suspend, interrupt or discontinue air passenger service because of an act of war or terrorism.* (Sec. 122) Voluntary provision of DOT is to carry out a program to permit qualified __ Similar to Senate version. emergency services during law enforcement officers, firefighters, and (Sec. 131) commercial flights emergency medical technicians to provide emergency services on commercial air flights during emergencies. Exempts volunteers from liability. (Sec. 130) ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31150