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"NASAO's Aviation and Transportation Security Act Overview"



The National Association of State Aviation Officials (NASAO) has completed
an overview of the recently-enacted Congressional legislation, the Aviation
and Transportation Security Act.  Austin Wiswell, Chief of the Division of
Aeronautics in the California Department of Transportation, thought you
would like an opportunity to see the summary.

Teresa Ishikawa
Aviation Planner
California Department of Transportation
Division of Aeronautics
(916) 654-4565

 State Aviation Directors-

 Both the House and Senate passed a compromise aviation security bill last
 Friday.  President Bush signed the bill, called the Aviation and
 Transportation Security Act, into law yesterday (November 19th) during a
ceremony at
 Reagan National Airport.  After reviewing the bill and reading several
 articles on the legislation, I have attempted to highlight elements of
 the  Act below.  The FAA Airports Office will be providing additional
guidance
 on AIP funding eligibility under the bill soon

 Federal Oversight-

 - A Transportation Security Administration is established as part of the
U.S. Department of Transportation. The office will be overseen by a new
DOT Under Secretary for Security, who is appointed by the President for a
five-year term.  The new Under Secretary of Security will be responsible
for security across all transportation modes, and must take over the
civil aviation security functions within three months of enactment of the
Act.

- A Transportation Security Oversight Board will be established, made up
of seven members, including the DOT Secretary; Attorney General;
Secretaries of Defense and Treasury; Central Intelligence Agency
Director;  and National Security Council and Office of Homeland Security
representatives.

 - The Under Secretary is required to put a Federal Security Manager in
place at each U.S. airport that has commercial air carrier service to
oversee screening and other security efforts.

 - FAA is directed to work with state and local authorities to help
provide  better identification for individuals applying for airmen
certificates.

 - The enhanced class B airspace restrictions are lifted around a city 30
days after an effected aircraft operator asks, unless the DOT Secretary
publishes a Federal Register notice within 30 days that re-imposes the
restriction and explains the reasons for the restriction.

 Airport Security-

 - Airport screeners will be federalized, and as federal employees will be
required to be U.S. citizens, can be fired at will and cannot strike.

Staffing for screeners is expected to remain at the current level of
about  28,000.  Airports will have one year to transition from private to
federal  screeners.  Then in three years, they will have the option to
decide
between continuing with federal workers or going with a private screening
company.

 - As soon as practical, air carriers can enter into agreements with the
government to transfer ownership of personal property, equipment, and
other screening materials, at no cost to the government, that are
determined to be useful by the DOT Secretary for the screening process.

 - The Under Secretary shall require the screening of all individuals,
vehicles and property entering into a secured area of an airport.

Additional federal support is provided for airports that have less than 1
percent of the annual U.S. enplanements.  These particular airports,
after consultation with state and local law enforcement officials, can lift
mandated restrictions on vehicle parking within 300 feet of a terminal
building, subject to override by the Under Secretary.

 - A pilot program will be set up at five airports, one from each airport
security risk category,  where private screeners will be used, with
federal supervision.  Private security companies should be owned by a
U.S. citizen, if available, and screeners must meet all federal
qualifications
and be paid an equivalent amount.

 - No fewer than 20 airports will be included in a pilot program to test
and evaluate new technology for providing security access control such as
biometrics.

 - The airlines are permitted to develop trusted passenger programs using
technology to expedite screening on a voluntary basis.

 - A system must be in operation that screens 100% of all checked baggage
at all U.S. airports as "soon as practicable but not later that the 60th
day following the date of enactment of the Act."  Explosive detection
systems that screen all checked bags are required by December 31, 2002.

 - New background checks are required on any individual currently in an
aviation security position or who has access to airline or airport secure
areas.

 Aircraft Security-

 - A variety of flight deck improvement measures are required, including
strengthening and securing cockpit doors.

 - Aircraft cabin monitoring and flight deck-cabin communications must be
updated and continuous transponder operation must be ensured.

 - Federal air marshals can be deployed on any scheduled flight and are
mandated to be placed on all high-risk flights.

 - Flight training for an alien in any aircraft of 12,500 pounds or
greater requires notice to the Attorney General with a 45-day waiting
period.

 - Sense of the Senate is that FAA should continue with restriction of one
carry-on bag and one personal item.

- The bill allows for a properly-trained pilot to carry a firearm in the
cockpit if approved by the Under Secretary and the air carrier.

 - The Under Secretary has 90 days of enactment of the bill to implement a
charter aviation security program for aircraft weighing over 12,500
pounds.

 - Also a report is due to Congress within 30 days from the Under
Secretary on possible airspace and other security measures that can be
deployed to
improve general aviation security.

 Funding-

 - House Aviation Subcommittee Chair John Mica (R-Fla.) estimates the
implementation of the requirements under the legislation will cost
between $4-5 billion.  About $700 million will be funded by the airlines and
additional dollars will come from a $2.50 per person fee added to every
leg of a trip, capped at $5 per one-way trip.

- Air carriers providing transportation inside a state are allowed to
waive cooperative arrangements with other carriers if the Governor
declares it necessary, subject to DOT Secretary approval and a public
interest determination.

 - FAA is required to expedite review of passenger facility charge (PFC)
requests for security purposes.  The requirements that airport
competition plans be on file with the FAA before a higher PFC charge or new
AIP grant
is approved have been temporarily lifted for fiscal year 2002, if it is
for a security project.

 - Fiscal year 2002 AIP funds may be used for post-September 11 security
 activities required by law at a 100-percent federal share.

 - Also in fiscal year 2002, non-primary airports may use AIP funds to pay
debt service but only if the payments are determined to be necessary to
prevent default.  Funds can be provided to non-primary airports for any
activity, including operational expenses, if that airport is located
within the confines of enhanced B airspace and the activity was carried
out when any restriction in FAA Notice to Airmen FDC 1/0618 was in
effect.

 Both of these items are eligible at a 100-percent federal share.

 - Baggage conveyor systems replacement and reconfiguration of terminal
 areas to install explosive detection devices is now permanently eligible
 under AIP.

 - Passenger entitlements for fiscal year 2003 under AIP will be
determined by looking at the greater of the number of passenger boardings at
an
 airport during calendar year 2000 versus 2001.

- $1.5 billion is authorized to be appropriated over fiscal years
 2002-2003 to reimburse airport operators, on-airport parking lots, and
 vendors of on-airfield direct services to all carriers for the costs of
 new post-September 11 security mandated by the FAA.  DOT will publish the
 claim procedure within next 30 days.

 - A total of $50 million is authorized to be appropriated in fiscal years
 2002-2006 to the Transportation Security Administration for research into
 new security technologies.

 - Authorization to appropriate $500 million in fiscal year 2002 was given
 to make grants or other agreements to air carriers for a variety of
 aircraft security efforts, including cockpit door fortification and use
of video monitors in the passenger cabin.
-----------------------------------------------------------------------

 Lori Lehnerd
 NASAO
 8401 Colesville Rd., Suite 505
 Silver Spring, MD 20910
 PH: 301-588-0587  FX: 301-585-1803
 e-mail: llehnerd@xxxxxxxxx  web:http://www.nasao.org

   Post your comments in the CAA Legislative Forum
http://www.californiaaviation.org/cgi-bin/dcforum/dcboard.cgi?conf=DCConfID5

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