CAA: Legislative Update, "House Passes Airport Security Bill - Republican Bill Narrowly Prevails"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Title: Message

Thursday, November 1, 2001

 

House Passes Airport Security Bill – Republican Bill Narrowly Prevails

AAAE/ACI-NA

 

After weeks of building drama and a day of contentious debate, the House of Representatives has finally passed airport security legislation by a 286 - 139 margin. The overwhelming nature of the final vote does not reflect how closely divided the House was on the competing proposals, which differed on the key item of whether or not to "federalize" airport security screeners. Earlier, Republicans narrowly defeated the Senate-passed bill, which was offered as the Democratic substitute, on a razor-thin 218-214 margin. As you will recall, the Senate bill requires screeners to be federal workers except at non-hub airports, which would be required to use local or state law enforcement officials for screening to be reimbursed by the federal government. All screening functions would be under the control of the Justice Department under the Senate bill.

As we previously reported, the House Democrats’ strategy was to offer the Senate-passed bill, figuring that it would be difficult to vote against legislation that passed unanimously in the Senate. They further argued that passing the Senate-passed bill would avoid a contentious House/Senate conference and move the legislation directly to the President’s desk to be signed into law. The strategy did help bring several Republican votes, but in the end it was not enough to sway the vote to the Democrats’ favor.

Now, the bill moves to a House/Senate conference, which promises to be equally controversial. From the airport perspective, the House-passed bill is far from perfect. In addition to a lack of mandated funding for law enforcement and other security-related expenses, House Republicans added several provisions in the final hours that require airports to meet with airport tenants to discuss potential rent adjustments as a condition of receiving funds that are authorized (but not appropriated) as part of the bill. Other key provisions – both positive and negative – are detailed below.

There is good news, however, in the fact that we now have additional time to continue pushing for airport priorities and to fix negative provisions. We will follow-up with a more detailed explanation of the exact changes we will be pursuing as part of the conference report in a future Alert, but in the meantime you should be sharpening your pencils and warming up your voice in preparation to contact your elected officials to make yet another run at pushing for critical airport changes.

The key provisions of the bills moving to conference are below:

H.R. 3150 – The Airport Security Federalization Act (Passed by the House on 11/1/01)

Airport Expenses/Funding

• DOES NOT provide direct federal reimbursement to airports for FAA mandated security expenses, such as law enforcement.
• Authorizes (without direct appropriations) $1.5 billion for FY 2002 and FY 2003 to reimburse airports for FAA mandated security expenses.
• Requires airports to meet with airport tenants to discuss adjustments of tenant rents as a condition of receiving any of the $1.5 billion described above.
• Gives non-hub and small hub airports permanent AIP/PFC flexibility to pay for law enforcement personnel. BUT NOT LARGE AND MEDIUM-HUBS.
• Gives airports in FY 2002 flexibility to use AIP/PFC revenues for payments for "debt service on indebtedness incurred to carry out certain projects if the Secretary determines such payments are necessary to prevent a default on the indebtedness."
• Gives non-primary airports affected by the closure of Class B airspace flexibility to use AIP funding in FY 2002 for any activity, including operational activities.
• 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.

Security Screeners

• 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.

Background Checks/Perimeter, Secure Area Access/Airport Requirements

• 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.
• Requires background checks, including criminal history checks and a review of available law enforcement data bases and records of other governmental and international agencies, for current employees with unescorted access to aircraft, a secured area of an airport and security screeners.
• 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

• Allows airports in consultation with appropriate state or local law enforcement authorities to conduct a threat assessment of the airport to determine whether vehicles should be permitted to park within 300 feet of a terminal. If the airport operator determines that safeguards are in place to sufficiently protect public safety and certifies in writing with the Secretary that is the case, the restriction can be removed.
• 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.

S. 1447 – The Aviation Security Act (Passed by Senate on 10/11/01)

Airport Expenses/Funding

• 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.

Security Screeners

• 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.

Background Checks/Perimeter, Secure Area Access/Airport Requirements

• 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.
• 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.
• Federal law enforcement personnel may be deployed at any airport to meet safety and security concerns.
• 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.
• All passengers as well as cargo, carry-on, and checked bags must be screened prior to boarding.
• 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.
• 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.
• 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)

Other Important Provisions

• 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.
• 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.
• 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.
• Requires a report to Congress within 3 months on improving security with respect to general aviation and air charter operations.
• 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 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.
• Authorizes study of use of "Smart Cards."
• Authorizes $50 million for research and development of new security technologies.