CAA: Legislative Update, "Airport Security Legislation - Comparison of Key Provisions in Senate/House Bills"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Title: Message

Tuesday, October 16, 2001

Airport Security Legislation – Comparison of Key Provisions in Senate/House Bills

AAAE/ACI-NA

 

Now that the details of the Senate-passed airport security legislation have been released and the provisions of the separate House Transportation and Infrastructure Committee Democratic and Republican security bills are emerging, we wanted to give you a better sense of the key items in each.

We also want to urge you to contact your elected officials to share with them the specifics of your situation with regard to new security expenses as soon as possible. We continue to get pushback from folks on the Hill and with the Administration who say that they haven’t really heard from airports on the seriousness of the financial situation. There is a general perception that airports, particularly larger airports, are "awash" in money and will simply have to "adjust revenue streams slightly" to pay for increased security expenses. Without a concerted effort to really hit hard on the financial burdens the FAA security mandates have created, we are not likely to gain anything on direct reimbursement other than continued frustration.

We also appreciate your help in continuing to work with us to make the case on a number of other key issues from deployment of the National Guard, the need for flexibility or elimination of the 300-foot rule, VFR flight restrictions in Class B airspace, etc. With so much on the table, your input with us and with elected officials and the Administration is critical. We are fighting many of these fights at both the legislative and regulatory levels. We will report developments in these areas as they occur.

Airport Security Legislation – Key Provisions

Airport Expenses/Funding

Senate Bill (S. 1447--Passed by Senate on 10/11):

• DOES NOT provide direct federal reimbursement to airports for FAA mandated security expenses, such as law enforcement.

• Authorizes (without direct appropriations) such sums as necessary to allow airports to meet FAA mandated security expenses.
• Gives all airports AIP/PFC flexibility in FY 2002 to pay for security related operational expenses.
• Eliminates the local match for security related operational expenses paid for by AIP funds.
• For FY 2003, allows airports to use either 2000 or 2001 enplanement numbers for entitlement calculations.
• Expedites the approval of PFC requests aimed at paying for security related operational expenses.

House T&I Democratic Bill (H.R. 3110--Introduced in House on 10/12):

• DOES NOT provide direct federal reimbursement to airports for FAA mandated security expenses, such as law enforcement.
• Authorizes a Security Facility Charge of $1 on each paying passenger boarding at an airport to reimburse the airport for FAA mandated security expenses.

• Authorizes (without direct appropriations) $500 million for FY 2002 to reimburse airports for FAA mandated security expenses.

House T&I Republican Bill (To be Introduced in House on 10/17):

• DOES NOT provide direct federal reimbursement to airports for FAA mandated security expenses, such as law enforcement.
• Authorizes (without direct appropriations) $1.5 billion to airports for FY 2002 to reimburse airports for FAA mandated security expenses.
• Gives non-hub and small hub airports permanent AIP/PFC flexibility to pay for law enforcement personnel.
• DOES NOT give airports larger than small hubs AIP/PFC flexibility for security related operational expenses.
• Eliminates the requirement for competition plans for FY 2002 for AIP grants or PFC application if the grant or fee is used to improve security at the airport.
• Eliminates the local match for security related operational expenses paid for by AIP funds at non-hub or small hub airports.

Screening/Access Control Requirements

Senate Bill:

• Gives the Attorney General responsibility for federal security screening operations, including hiring and training of personnel.
• Federal employees are required to provide screening except at non-hubs, where local or state law enforcement can perform these functions provided they have been adequately trained, there is a reimbursable agreement with the airport, and the airport sponsor has been consulted. Modified measures for non-hubs may be prescribed where the airport is not in operation at all hours.
• FAA is required to develop a plan for providing technical support and financial assistance to small and medium airports to enhance security operations, including screening.
• All passengers as well as cargo, carry-on, and checked bags must be screened prior to boarding.
• Screening is required for all persons – including airport, air carrier, and concessionaire employees – before they are allowed into sterile or secure areas of the airport.
• The Secretary of Transportation is required to consider screening for all airport, air carrier and other personnel with access to ground access secure areas such as air traffic control facilities, parked aircraft, aircraft servicing equipment, aircraft supplies, parking facilities within the airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation.
• Requires within 9 months criminal history checks for all existing employees with unescorted access to secure areas unless individuals have had checks within 5 years of enactment.
• Federal law enforcement personnel may be deployed at any airport to meet safety and security concerns.
• Law Enforcement Officials are required at all screening locations at an airport. More than one LEO may be required at each screening point at the top 100 airports.
• Requires pilot program in at least 20 airports to develop new technologies for access control, including biometrics.
• Requires airports to develop security awareness programs for airport employees, ground crews and other individuals employed at the airport.

• Screening and other security activities to be funded by a$2.50 fee on each enplaned passenger. Beyond the fee, additional sums as necessary are authorized.
• Requires better utilization of bulk explosive detection technology with goal of 100 percent bag scanning.
• Makes replacement of baggage conveyer systems and reconfiguration of terminal luggage areas to install bulk explosive detection devices AIP-eligible.
• Expand use of Computer-Assisted Passenger Prescreening System (CAPPS)

House T&I Democratic Bill:

• Under Secretary of Transportation for Security is responsible for screening of passengers and property.
• All security-screening functions are federalized by the end of a one-year transition period with federal employees handling all screening duties at all airports.
• Requires the screening of all persons, vehicles and other equipment entering secure areas.
• Requires catering and other companies with access to secure areas to develop security programs.
• Requires all air carrier, airport and screening personnel with access to secure areas and persons seeking access to secure areas to submit to a background check, criminal history record check and checks against federal national security databases.
• Maximizes use of biometric technology.
• Takes steps to ensure revoked ID cards do not permit access to secure areas.
• Maximizes use of explosive detection equipment for screening by making sure all installed equipment is fully used and requiring screening of all bags and cargo no later than 3 years after enactment.
• Expand use of Computer-Assisted Passenger Prescreening System (CAPPS)
• Restricts carry-on baggage to one bag plus one personal item.
• Imposes a one-way fee on passenger tickets to pay for screener workforce. Fee cannot exceed $2.50.
• Authorizes a fee on air carriers to pay for costs of providing security screening up to amounts paid in calendar year 2000 adjusted for inflation.

House T&I Republican Bill:

• Under Secretary of Transportation for Security is responsible for screening of passengers and property.

• Under Secretary shall provide employment standards, training, and proficiency levels for all screeners. These individuals, however, are not required to be federal employees.
• Requires law enforcement or military presence at each screening location.
• Imposes standards for the screening or inspection of persons and vehicles with access to secure areas.
• Provides for use of electronic technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
• Allows all airports to speed up current three-year phase in under existing law for performing criminal history checks on screeners and individuals with unescorted access to secure areas.
• To pay for screening, a fee of no more than $2.50 per 1-way trip can be imposed to cover salaries and benefits of screening personnel and their direct supervisors as well as training of screening personnel and acquisition, operation and maintenance of equipment used by screeners.
• Additional fees could be levied on air carriers to meet these costs, but would be limited to the amounts paid by air carriers in 2000 adjusted for inflation.
• Additional funds are authorized for the operations of the Transportation Security Administration.

Other Important Provisions

Senate Bill:

• Requires the FAA to consult with state or local law enforcement officials to conduct a threat assessment at small community airports to determine the continued need for the 300-foot rule.
• Requires a report on national airspace restrictions within 30 days along with justification for their continuation from the President to several congressional committees.
• Requires screening programs for GA aircraft operations.
• Establishes Deputy Secretary for Transportation Security at DOT to coordinate domestic transportation operations during national emergencies.
• Creates Aviation Security Council chaired by the Secretary of Transportation to coordinate intelligence, security, and criminal enforcement activities affecting safety and security at airports and air navigation facilities. Secretaries of Defense and the Treasury, the Attorney General and the Director of the CIA would serve on the Council. The Council would explore development of a common database of individuals who may pose a threat to aviation or national security.
• Increases flight deck integrity.
• Provides for greater use of the federal air marshal program.
• Updates hijack training for flight crews.
• Prohibits flight training to "aliens" unless the Attorney General has issued a certificate proving a background investigation has been completed on the potential candidate.
• Requires a report to Congress within 3 months on improving security with respect to general aviation and air charter operations.
• Requires studies on switches in the cabin for use by cabin crew to notify the flight crew of security breaches in the cabin, revalidation of employee ID cards using holograms or electronic revalidation, and updating strategies to deal with suicidal hijackers, among others.
• Encourages the sharing of information on security risks with FAA, airports, and airlines.
• Requires a study on use of less-than-lethal weaponry by flight deck crew.
• Authorizes FAA to allow possession of firearms by pilot, co-pilot or flight engineer of commercial aircraft who has successfully completed a training program.
• Requires Deputy Secretary to recommend to airport operators within six months commercially available measures to prevent access to secure areas, including biometrics, increased surveillance at access points, card/keypad systems, emergency exit systems and to specifically target "piggybacking." A 12-month strategy for deployment at Cat X airports is required.
• Authorizes study of use of "Smart Cards."
• Authorizes $50 million for research and development of new security technologies.

House T&I Democratic Bill:

• Establishes Transportation Security Administration within DOT headed by Under Secretary of Transportation. All modal security functions and aviation security functions (other than the federal air marshal program) are transferred to the TSA. Designates Under Secretary as primary liaison to intelligence and law enforcement communities.
• Gives Under Secretary broad authority to issue, rescind and revise regulations and issue emergency rules.
• Establishes Transportation Security Oversight Board to review emergency rules and other administrative functions. Secretary of Transportation, Attorney General, Secretaries of Treasury and Defense and a representative of the National Security Council or Office of Homeland Security.
• Authorizes deployment of Federal Air Marshals on domestic and international flights.
• Mandates that the TSA develop and implement methods to modify cabin, cockpit and transponder security, including ability for cabin crew to discreetly notify cockpit crew of cabin security breach.
• Develops procedures and authorizes equipment for flight and cabin crews to defend themselves.
• Establish toll-free number for airline and airport employees and their customers to report instances of inadequate security.
• Requires 911 emergency call capabilities on aircraft and trains.
• Encourages pilot licenses that incorporate a photograph and appropriate biometric identifiers.
• Requires all individuals seeking flight instruction for aircraft weighing more than 12,500 pounds to submit to a background check, criminal history check and check against federal security databases.

House T&I Republican Bill:

• Requires elimination of restriction of VFR operations within Class B airspace after 10 days unless Secretary publishes note in the Federal Register re-imposing the restriction and explaining the reasons for the restriction.

• Establishes Transportation Security Administration within DOT to be headed by Under Secretary of Transportation, who is responsible for all aspects of civil aviation security.
• Under Secretary is granted broad authority to issue, rescind, and revise regulations and issue emergency rules.
• Establishes Transportation Security Oversight Board to review emergency rules and other administrative functions. Secretary of Transportation, Attorney General, Secretaries of Treasury and Defense and a representative of the National Security Council or Office of Homeland Security.

• Authorizes deployment of Federal Air Marshals on domestic and international flights.

• In consultation with the FAA, the Under Secretary is required to develop procedures to authorize equipment for pilots and flight crew members to use to defend against criminal violence or aircraft piracy, fortify cockpit doors, use video monitors to alert pilots to cabin activity, ensure continuous operation of aircraft transponders, provide 911 emergency call capability for aircraft and trains, provide for use of voice stress analysis and other technologies, and provide for background checks of individuals seeking instruction in aircraft of more than 12,500 pounds and flight simulator training, among other things.

In Closing….

As you can see from this non-exhaustive list of provisions, there is some good, some bad, and a whole lot of ugly. We appreciate your continued feedback on these bills and hope you will also share your thoughts and frustrations with your elected officials who are also trying to get there hands around this legislation. We have a ways to go before anything is signed into law, but time is critical given the expedited pace. The Senate passed its bill last week, and although the prospects for House action are unclear at the moment, it is certain that some action will be taken soon. Stay tuned and stay engaged.