Selected Aviation Security Legislation in the Aftermath of the September 11 Attack

CRS Report for Congress
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 Securityth
Legislation in the 107 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


1See also CRS Report RL31151. Aviation Security Technologies and Procedures: Screening
Passengers and Baggage, by Daniel Morgan.

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


2The 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.
3Since 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.

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


4In 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.

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.



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.



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);



!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



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.



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
th Congress
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
In carrying out the program, the Department ofA new administration, the Transportation SecurityCreates the TSA as in the House bill. Keeps the
Justice (DOJ) would take over passenger andAdministration (TSA) will be created and headed byresponsibility for aviation security in DOT but out of
property screening. The supervision of screeninga new Under Secretary for Transportation Security. FAA..
and the actual screening of passengers and propertyThe Under Secretary will be responsible for aviation(Sec. 101)
will be done by federal DOJ employees. (Sec. 108)security (which would be transferred from FAA) and
The Federal Air Marshal program (FAM) would bealso the security of other modes of transportation.However, in requiring that airport security screeners
administered by the Secretary of DOT but under(Sec. 2) Airport Security Screening would bebe federal employees ATSA draws from the Senate
guidelines prescribed by the Attorney General. Itsupervised by uniformed federal agents, but thebill.
would be expanded substantially and would continueUnder Secretary would have the option of(Sec. 110)
to be staffed by federal agents. (Sec. 105)contracting for the actual screeners. (Sec. 3) The
iki/CRS-RL31150FAM program would also be under the authority ofthe Under Secretary. (Sec. 104)
g/w
s.orDOT, in consultation with the airport operator and__Similar to Senate version.
leaklaw enforcement authorities, may order the(Sec. 106)
deployment of such personnel as necessary to
://wikicounter the risk of criminal violence, the risk ofaircraft piracy at the airport, the risk to air carrier
httpoperations at the airport, or to meet national security
needs. (Sec. 106)
FAA shall develop a plan to provide technical__Similar to Senate version.
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)
Directs FAA in consultation with local and state lawSimilar to S. 1447, except that the eligibility for theIf an airport, after consultation with the appropriate
enforcement authorities to re-examine the safetyrestriction waiver is not limited to small communitystate and local law enforcement authorities,
requirements for small community airports to reflectairports.determines that sufficient safeguards are in place to
a reasonable threat to those individual small(Sec. 121)sufficiently protect public safety, and so certifies in
community airports including the parking ofwriting to the Under Secretary then the restrictions
passenger vehicles within 300 feet of the airportshall 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Within 60 days of enactment, the Attorney General____
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)
DOT shall require all air carriers and airports to__Similar to Senate version.
develop security awareness programs for airport(Sec. 106)
employees, ground crews, and others employed at
such airports. (Sec. 106)
FAA shall establish pilot programs in no fewer than__Similar to Senate version.
iki/CRS-RL3115020 airports to test and evaluate new and emergingtechnology for providing access control and other(Sec. 106)
g/wsecurity protections for closed or secured area of the
s.orairports. Such technology may include biometric or
leakother technology. (Sec. 106)
://wikiThe Attorney General shall require any potentialairport security screener to undergo a backgroundThe Under Secretary shall require more thoroughbackground checks of airport security screeners andThe Under Secretary shall require that individuals tobe hired as security screeners must undergo and
httpcheck (including a criminal history record check andpersons that have access to aircraft or to securedemployment and criminal background check. In
a national security risk assessment). Also requiresareas of an airport including a review of immigrationaddition, the Under Secretary is to establish
background checks for currently employed securityrecords, law enforcement databases, and records ofprocedures to ensure that no individual who presents
screeners. (Sec. 109)other government and international agencies toa threat to national security is employed as a security
determine whether the person may be a threat toscreener. (Sec. 111)
FAA shall require employment investigations andcivil aviation. (Sec. 106)
criminal background checks of existing employeesCurrent employees: requires background checks
that are security screeners or have access to aircraftAirport operators, air carriers, or certified screening(including criminal history and review of available
or secured areas at an airport regularly serving acompanies may implement these requirements inlaw enforcement data bases and records of other
certificated air carrier, within 9 months unless suchadvance of the effective date if their securitygovernmental and international agencies) for any
individuals have has such investigations and checksprograms conform to section 44936 as amended byindividual 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
DOT shall require airports to maximize the use of__Similar to Senate version.
technology and equipment that is designed to detect(Sec. 120)
potential chemical or biological weapons.
(Sec. 106)
DOT, in deploying security personnel, shall consider__Similar to Senate version.
the physical needs of air traffic control facilities,(Sec. 106)
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)
iki/CRS-RL31150DOT, after coordination with the ASCC, shallconsider whether airport and air carrier personnelThe Under Secretary, after consultation with FAA,shall develop and implement methods to imposeThe Under Secretary, as soon as practicable afterenactment, shall require the screening or inspection
g/wwith access to secure areas should be screened tostandards for the screening or inspection of personsof all individuals, goods, property, vehicles and
s.orprevent individuals who present a risk to aviationand vehicles having access to secure areas of another equipment before entry into a secured area of
leaksecurity or national security from gaining access toairport. (Sec. 106)an airport. Is to establish procedures to ensure the
such areas.safety and integrity of: all persons providing
://wiki(Sec. 106)services; of all supplies; and all persons providingsuch supplies. Requires vendors to develop security
httpprograms. (Sec. 106)
On an ongoing basis, FAA is to assess and test forThe Under Secretary after consultation with FAASimilar to Senate version.
compliance with access control requirements, reportshall provide for the use of electronic technology(Sec. 106)


annually findings of the assessments, and assess thethat positively verifies the identity of each employee
effectiveness of penalties in ensuring complianceand law enforcement officer who enters a secure
with security procedures and take any otherarea 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
DOT may enter into a memorandum of__Similar to Senate version.
understanding with the Attorney General or other(Sec. 106)
federal law enforcement agency to deploy federal
law enforcement personnel at an airport in order to
meet aviation safety and security concerns. (Sec.
106)
DOT shall develop and implement a mandatoryIn consultation with FAA the Under Secretary shallNot later than 60 days of enactment, the
program of training for flight and cabin crews indevelop and implement methods to update trainingAdministrator of FAA, in consultation with the
dealing with attempts to commit aircraft piracy. procedures used by the FAA, law enforcementUnder Secretary for Transportation Security and
DOT shall develop the training in consultation withagencies, air carriers, and flight crews duringappropriate experts, shall develop detailed
federal law enforcement agencies with expertise inhijackings to include measures relating to suicidalguidanced for flight and cabin crewmembers for
terrorism, self-defense, hijacker psychology andhijackers and other extremely dangerous events notpotential threat conditions. Within 60 days later, air
current threat conditions. FAA shall reviewcurrently described in the training procedures. carriers must develop their training program based
iki/CRS-RL31150procedures by which cabin crews can notify flightdeck crew of security breaches. (Sec.107)(Sec. 106)on the guidance developed by the FAA. FAA shallreview the plans within 30 days. Within 180 days
g/wafter approval the air carriers are to have trained all
s.orflight and cabin crew members. (Sec. 107)
leak
The Attorney General: 1) is responsible for the day-The Under Secretary’s duties include to: 1) manageThe Under Secretary of Transportation for Security
://wikito-day federal security screening operations forpassenger air transportation [including employmentand provide, on a day-to-day basis, operationalguidance to the field security resources of the TSA,shall head the Transportation SecurityAdministration (TSA). The Under Secretary’s
httpstandards and training]; 2) shall work in conjunctionincluding security managers; 2) supervise all airportduties are a blend of the House and Senate versions.
with the FAA Administrator with respect to anysecurity and screening services using federal(Sec. 101)


actions or activities that may affect aviation safety oruniformed personnel; 3) to assess and distribute
air carrier operations; 3) is responsible for hiringintelligence related to transportation security; 4)
and training personnel to provide security screeningassess threats to transportation; 5) develop policies,
at all United States airports involved in passengerstrategies 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) shallsecurity, including countermeasures with other parts
actively cooperate and coordinate with the Secretaryof the federal government; 7) serve as the primary
of DOT, the Secretary of DOD, and heads of otherliaison for transportation security to the intelligence
appropriate federal agencies with responsibilities forand law enforcement communities; 8) enforce
national security and criminal justice enforcementregulations; 9) identify and undertake R&D
activities, related to aviation security, through theactivities 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Establishes the Aviation Security CoordinationEstablishes the Transportation Security OversightSimilar to the House version.
Council (ASCC), chaired by the Secretary of DOT orBoard (TSOB), chaired by the Secretary of DOT.(Sec. 102)
the Secretary’s designee.(Sec. 103)(Sec. 112)
The ASCC membership shall be: the Secretary ofThe TSOB membership shall be: the Secretary ofSimilar to the House version, except that the
DOT or the Secretary’s designee, the AttorneyDOT or the Secretary’s designee, the AttorneyDirector of the CIA or the Director’s designee is
General or the Attorney General’s designee, theGeneral or the Attorney General’s designee, theincluded and the National Security Council and the
Secretary of Defense or the Secretary’s designee, theSecretary of Defense or the Secretary’s designee, theOffice of Homeland Security both get a membership.
Secretary of the Treasury or the Secretary’sSecretary of the Treasury or the Secretary’s(Sec. 102)
designee, the Director of the Central Intelligencedesignee, one member appointed by the President to
iki/CRS-RL31150Agency or the Director’s designee, and any otherfederal agency determined by the Secretary of DOTrepresent the National Security Council or the Officeof Homeland Security. (Sec. 112)
g/win consultation with the Attorney General.
s.or(Sec. 103)
leak
The Council shall work with the intelligenceThe Board shall: review and ratify or disapprove anyThe Board shall: review and ratify or disapprove any
://wikicommunity to coordinate intelligence, security, andcriminal enforcement activities affecting the safetyregulation or security directive issued by the UnderSecretary of Transportation for Security within 30regulation or security directive issued by the UnderSecretary of Transportation for Security within 30
httpand security of aviation at all U.S. airports and airdays after issuance; share intelligence informationdays after issuance; facilitate the coordination of
navigation facilities involved in interstate orwith the Under Secretary; review plans forintelligence, security, and law enforcement activities
intrastate air transportation. The Secretary of DOT,transportation security; review performanceaffecting transportation; facilitate the sharing of such
working through the Council shall enter intostandards for airport security screeners; reviewinformation among federal agencies and with
memoranda of understanding with other federalscreener compensation; review security equipmentcarriers and other transportation providers as
agencies to share or otherwise cross-check data onprocurement; review selection performance andappropriate; explore the technical feasibility of
such individuals identified on federal agenciescompensation of senior executives in the TSA;developing a common database of individuals who
databases and may utilize other available data basesreview budget requests of the Under Secretary; andmay pose a threat to transportation or national
and evaluate and assess technologies in developmentmake recommendations regarding the above. security; review plans for transportation security;
or use at federal departments, agencies, etc, thatmake recommendations to the Under Secretary
might be useful in improving the safety and securityThe Under Secretary shall establish a Transportationregarding 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)
Prohibits the sale, lease, or charter of any aircraft to____


an alien without the certification of the completion
of a background investigation of the alien by the
Attorney General. (Sec. 131)

CRS-15
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
__*Property security program: 1) final deadline forRequires that a system must be in operation to
screening–no later than December 31, 2003, ascreen all checked baggage at all airports within 60
system must be in operation to screen all checkeddays of enactment. All commercial service airports
baggage at all airports in the United States; 2) thein the United States are to have sufficient explosive
Under Secretary shall ensure that explosivedetection equipment to screen all checked baggage
detection equipment installed at airports to screenno later than December 31, 2002. The Under
checked baggage is used to the maximum extentSecretary is to assure that all deployed systems are
possible; 3) the Under Secretary shall installfully utilized. If the equipment is not available all
additional explosive detection equipment at airportschecked baggage must be screened by an alternative
as soon as possible to ensure that all checkedmeans.
baggage is screened before being placed in an
aircraft; 4) interim bag match programs–untilWhere EDS is not available baggage must be
enough detection equipment is installed to screen allscreened by one or more of the following: bag match
baggage the Under Secretary shall require airprogram; manual search; dog sniffing; other means
iki/CRS-RL31150carriers to implement bag-match programs to ensurethat no baggage is stowed unless the passengerapproved by the Under Secretary.(Sec. 110)
g/wchecking the baggage is on the aircraft.* (Sec. 106)
s.or
leak__*The Under Secretary shall establish a uniformSimilar to House version.
system of identification for all state and local law(Sec. 109)
://wikienforcement personnel for use in obtainingpermission to carry weapons in aircraft cabins and in
httpobtaining access to a secured area of an airport.*
(Sec. 106)
__*The Under Secretary shall, in consultation with theSimilar to House version.
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)
__The Under Secretary shall develop and implement aSimilar 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
DOT shall require airports to maximize the use of__Similar to Senate version.
technology and equipment that is designed to detect(Sec. 120)
potential chemical or biological weapons.
(Sec. 106)
FAA is authorized to permit, a pilot, co-pilot, orDOT shall not take any action to prevent a pilot ofA pilot of a passenger aircraft can be authorized to
flight engineer, who has successfully passed aan air carrier from taking a firearm into the cockpit,carry a firearm into the cockpit, if the Under
voluntary training program and is not otherwiseif it is the policy of the air carrier to permit pilots toSecretary approves, the air carrier approves, the
prohibited by law from possessing a firearm, tobe armed and the pilot has successfully completed afirearm is approved by the Under Secretary, and the
possess or carry a firearm approved by the FAA fortraining program for the carriage of firearms aboardpilot 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)
Calls for a National Institute of Justice Study toThe Under Secretary in consultation with FAA shallCalls for a National Institute of Justice Study to
iki/CRS-RL31150assess the range of less-than-lethal weapons for useby flight crews. (Sec. 122)develop procedures and authorize equipment forpilots and other member of the flight crew to use toassess the range of less-than-lethal weapons for useby flight crews. If, after reviewing the
g/wdefend an aircraft against acts of criminal violencerecommendations of the study and with the approval
s.oror aircraft piracy. (Sec. 106)of the Attorney General and the Secretary of State,
leakthe Secretary determines it is appropriate and
necessary and would serve the public interest in
://wikiavoiding air piracy, the Secretary may authorizemembers of the flight deck crew to carry a less-than-
httplethal weapon.
(Sec. 126)
1) Limits cockpit access to authorized personnel; 2)The Under Secretary shall develop and implementCombines the Senate and House provisions.
requires strengthening of cockpit door and locks tomethods 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 flightaccess 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 crewcockpit 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 ofan emergency; and to provide for the installation of
safety and security procedures, to ensure the safetyswitches 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)
Within 120 days of enactment, the Attorney General____


will report to the appropriate congressional
committees on the new responsibilities fo the
Department of Justice for aviation security under the
Act.

CRS-17
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Deputy Secretary shall, during a national__Similar to the Senate version.
emergency: 1)coordinate domestic transportation,(Sec. 101)
including aviation, rail, and other surface
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
iki/CRS-RL31150supercede the authority of any other department oragency of the federal government. The Deputy will
g/wreport to Congress on an annual basis. (Sec. 102)
s.or
leakProvides that until the President appoints the DeputyTransfer of FAA authority to the Under Secretary toSame as House version.
Administrator, his/her functions will be carried outtake place within three months. (Sec. 101)(Sec. 101)
://wikiby the Assistant Administrator for Aviation Security.(Sec. 102)
http
Creates a new position within the DOT: DeputyCreates the Transportation Security AdministrationSame as House version.
Secretary for Transportation Security. Appointed by(TSA) to be headed by the Under Secretary of(Sec. 101)


the President. The Deputy Secretary shall carry outTransportation for Security. The Under Secretary is
duties and powers prescribed by the Secretaryto be appointed by the President and is to be
relating to security of all modes of transportation.responsible for security in all modes of
(Sec. 102)transportation.
(Sec. 101)

CRS-18
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Deputy Administrator shall: coordinate andThe Under Secretary shall be responsible forSimilar to House version.
direct, as appropriate, the functions andsecurity in carrying out 49 U.S.C. chapter 449(Sec. 101)
responsibilities of the Secretary of Transportationrelating to aviation security and security
and the Administrator of FAA under 49 U.S.C.responsibilities currently exercised by the modal
chapter 449 [Security]; work in conjunction with theAdministrations of the DOT. Duties under chapter
Administrator of the FAA with respect to any actions449 are to be assumed not later than 3 months after
or activities that may affect aviation safety or airenactment. Upon request by the Under Secretary, an
carrier operations; and coordinate with the Attorneyair carrier may enter into agreement with the Under
General and the Secretary of Defense and otherSecretary to transfer any contract the carrier has
federal agencies whose responsibilities for nationalentered into with respect to carrying out any
security and criminal justice enforcement activitiesscreening or security function. In addition, the
are related to aviation security, through the AviationUnder 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
iki/CRS-RL31150Administrations. (Sec. 101)
g/wThe Deputy is to review and develop ways toThe Under Secretary shall conduct research andThe TSA assumes the security research and
s.orstrengthen and enhance the ability to detectdevelopment activities appropriate to develop,development activities currently carried out by the
leaknonexplosive weapons, such as biological, chemical,modify, test and evaluate means of protectingFAA.
or similar substances; and to evaluate suchpassengers and property against act of criminal(Sec. 101)
://wikiadditional measures to enhance physical inspectionof passengers, luggage, and cargo. violence and aircraft piracy.(Sec. 101)
http(Sec. 102)
Exempts airline employees from civil liability for__Similar to Senate version.
any truthful disclosure of suspicious activities to law(Sec. 125)
enforcement officials.
(Sec. 121)
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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
DOT may appoint retired law enforcement officers*The Under Secretary is to provide, in choosingSimilar to Senate version.
or retired military as a federal air marshal,among applicants for a position as a federal air(Sec. 105)
regardless of age, or discharged or furloughed from amarshal, a preference for the hiring of a pilot of an
commercial airline cockpit crew position, if theair carrier whose employment with the air carrier
individuals otherwise meets the background andwas terminated as a result of a reduction in the
fitness qualifications required of federal airworkforce of the air carrier if the pilot is otherwise
marshals. qualified for the position.* (Sec. 105)
(Sec. 105)
DOT may, after consultation with the heads of other*Provides that the U.S. may use, in consultation andSimilar to House measure.
federal agencies and departments, use personnelconcurrence of the heads of federal agencies and(Sec. 105)
from those agencies and departments, to provide airdepartments, 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.*
iki/CRS-RL31150(Sec. 105)
g/wWithin 30 days of enactment DOT will: 1) provideThe Under Secretary shall; 1) provide forThe Under Secretary shall: 1)provide for appropriate
s.orfor deployment of federal air marshals on airappropriate background and fitness checks fortraining, supervision and equipping of federal air
leaktransportation flights; 2) provide background andcandidates for appointment as federal air marshals;marshals; 2) require air carriers to provide seating
fitness checks for air marshal candidates; 3) provide2) provide for appropriate training, supervision, andfor an air marshal at no cost, regardless of seat
://wikifor appropriate air marshal training, supervision, andequipping; 4) require air carriers to provide seatingequipment of federal air marshals at the FAA’sfacility in New Jersey; and 3) require air carriers toavailability; 3) require that, on a space-availablebasis, a seat be provided to off-duty federal air
httpfor air marshals without regard to seat availability.provide seating for a federal air marshal at no costmarshals 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)
DOT may place federal air marshals on everyThe Under Secretary shall provide for deployment ofSimilar to Senate version.
scheduled commercial passenger flight and shallfederal air marshals on selected passenger flights of(Sec. 105)


place them on every such flight determined by DOTair 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Attorney General shall prescribe guidelines forThe Under Secretary of Transportation for Security,Similar to House version.
the training and deployment of individualsunder the authority provided the Secretary of(Sec. 105)
authorized, with the approval of the AttorneyTransportation is to administer the deployment of
General, to carry firearms and make arrests under 49federal 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)
__The Under Secretary shall enter into agreementsSimilar to House version.
with federal, state, and local agencies under which(Sec. 105)
appropriately-trained law enforcement personnel
iki/CRS-RL31150from such agencies, when traveling on a flight, willcarry a firearm and be prepared to assist federal air
g/wmarshals. (Sec. 106)
s.or
leakRequires INS status, criminal history, and nationalThe Under Secretary shall provide for backgroundRequires INS status, criminal history, and national
security risk background checks by the Attorneychecks of individuals seeking instruction (includingsecurity risk background checks by the Attorney
://wikiGeneral for any aliens or others specified by DOT,before they can receive training in the operation oftraining through the use of flight simulators) inflying aircraft that has a minimum certificatedGeneral for any aliens or others specified by DOT,before they can receive training (including training
httpany jet aircraft. Flight schools must submit recordstakeoff 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 to106)having a maximum certificated take-off weight of
work with ICAO to improve international aviation12,500 pounds or more. DOT is to work with ICAO
security through screening programs for candidateto improve international aviation security through
flight students. screening programs for candidate flight students.
(Sec. 111)(Sec. 113)
__Within 60 days the Under Secretary shall require allIdentical to House version.
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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Expands the Airport Improvement Program (AIP)Expands AIP eligibility to include: the staffing andBlend of House and Senate versions.
eligibility to permit AIP formula or discretionarytraining costs or reimbursement for law enforcement(Sec. 119)
funds for FY2002 be used to defray expensesthpersonnel at non-hub or small hub airports; in
imposed after Sept. 11 by law or regulation. ForFY2002, 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 alsoclass B airspace, as defined by Notice to Airmen
made eligible. The federal share for aviationFDC 1/0618 issued by the FAA; in FY2002,
security related costs is 100%. Passenger facilitypayments 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
iki/CRS-RL31150100%. (Sec. 113)
g/wAuthorizes such sums as may be necessary forAuthorizes such sums as may be necessary for theAuthorizes such sums as may be necessary for fiscal
s.oraviation security funding for fiscal years 2002, 2003,operations of the TSA. Authorizes $500 million toyears 2002,2003,2004,2005 for security activities.
leakand 2004. fortify cockpit doors, install video monitors, andAlso authorizes $500 million for FY2002 to fortify
(Sec. 118)continuous transponders. Authorizes, for FY2002cockpit doors, provide for cabin video monitoring, to
://wikiEmployment authorization: the Attorney General is*and FY2003*, $1.5 billion to reimburse airportoperators for direct costs incurred to comply withensure continuous transponder use, and othertechnologies. (Sec. 118)
httpauthorized to employ, appoint, and fix thenew additional or revised security requirements
compensation of such a number of individuals asimposed on airport operators by the FAA on or afterIn addition, ATSA authorizes for FY2002 and
may be necessary to carry out 49 U.S.C. 44901,Sept. 11, 2001. *Requires airport operators toFY2003, $1.5 billion to reimburse airport operators
Screening of Passengers and Property, and 49 U.S.C.provide DOT with assurances that they will meetand vendors of on-airfield services for the direct
44903 [Air Transportation Security], for such awith airport tenants to discuss rent adjustments tocosts incurred to comply with new, additional or
number of individuals as the Attorney Generalaccount for losses in revenue incurred by the tenantsrevised security requirements imposed on such
determines to be necessary to carry out theon and after September 11. Operators must provideoperators by the FAA. (Sec. 121)


passenger security screening functions under 49DOT 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
DOT is to collect a user fee from commercial airWithin 60 days of enactment, the Under Secretary isThe Under Secretary shall impose a fee on
carriers to offset the Department’s costs ofto impose a fee on airline passengers on flightspassengers 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 costsis not to exceed $2.50 per enplanement or $5 for
Commercial air carriers are to pay $2.50 for eachof screening passengers and property. The revenueseach one-way trip. The revenues are to be treated as
passenger enplanement. The amounts collected mayare to be treated as offsetting collections. The costsoff-setting receipts. The fee is to pay for the costs of
be used solely for the costs associated withare limited to salaries and benefits of screeningSalary, benefits, retirement, etc. for screening
providing aviation security services and may be usedpersonnel, supervisors, trainers and for thepersonnel, their supervisiors and managers and
only to the extent provided in advance in anacquisition, operation and maintenance of theirfederal law enforcement personnel at airports; for
appropriation law. Effective 180 days afterequipment. 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 SecretaryFederal Air Marshals program; and for security
may impose a fee on air carriers to pay for anyresearch. If the passenger fee is insufficient a fee
difference between the costs and the amountmay be imposed on air carriers but they are not to
collected under the passenger fee. Air carriers arepay more than their costs for security screening in
not to pay more than they payed for screeningcalendar year 2000.
iki/CRS-RL31150activities in 2000. (Sec. 108)(Sec. 116)
g/w--*The President may set aside a portion of theSimilar to House version.
s.oramount payable to air carriers under section(Sec. 125)
leak101(a)(2) of the Transportation Safety and System
Stabilization Act (P.L. 107-42), to provide
://wikicompensation to air carriers providing air ambulanceservices. The $4.5 billion provided in the Act will
httpbe reduced by the amount set aside.* (Sec. 114)
DOT shall submit to the Congress within three__Similar to Senate version.


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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
__*Amends the Air Transportation Safety and SystemSimilar to House version, however, ATSA does not
Stabilization Act (P.L. 107-42) to prohibit anyprotect airport security contractors from liability.
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 liable–total 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
iki/CRS-RL31150crashes of Sept. 11. The party shall not be liable forinterest prior to judgement or for punitive damages.
g/wThe court shall reduce damages awarded to a
s.orplaintiff by the amount of collateral source
leakcompensation that the plaintiff has received or is
entitled to receive. Attorney fees are subject to the
://wikidiscretion of the court but are not to exceed 20%. Exempts from these provisions the hijackers or
httpconspirators.* (Sec. 201)
__An individual shall not be liable in any action in aSimilar to House version.
federal or state court arising out of the acts of the(Sec. 144)
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)
During a national emergency, the Secretary of DOTThe Under Secretary may grant a waiver similar toSimilar to Senate version.
in consultation with the ASCC may grant a full orS. 1447, except that the waiver is limited to flights(Sec. 127)


partial waiver of restrictions on the carriage byto 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Within 30 days of enactment the President shallRescinds any Notice to Airmen FDC 1/0618 issuedUpon the request of an operator of an aircraft
submit to certain congressional committees a reportby the FAA, or any other regulation, order, oraffected by the restrictions imposed under notice to
describing any remaining restrictions that are athdirective that restricts U.S. registered aircraft inthAirmen FDC 1/0618 or any other notice issued after
result of the Sept. 11 attacks and a justification forenhanced class B airspace, on the 10 day following9/11 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 theth
30 day reimposing the restriction and explaining
why. (Sec. 146)
An individual within the airport jurisdiction of the__Senate provision.
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
iki/CRS-RL31150performance of the duties of the employee, shall befined under title 18, imprisoned for not more than 10
g/wyears, or both. If a dangerous weapon is used, the
s.orindividual may be imprisoned for any term of years
leakor for life. (Sec. 16)
://wikiAmends the Wendell H. Ford Aviation Investmentand Reform Act to permit the deputizing of state and*The Under Secretary shall deputize, forenforcement of such federal laws as the Under__
httplocal law enforcement officers to function as airportSecretary determines appropriate, all airport
security screeners. (Sec. 108)screening personnel as federal transportation
security agents and shall ensure that such agents
operate under common standards and common
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)
____The Under Secretary shall establish a pilot program
of up to 5 airports using private screening
companies.
(Sec. 108)
Allows small nonhub commercial airports to use____


state or local law enforcement personnel. Screening
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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Attorney General shall provide for the screening__Similar to Senate provision.
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)
DOT shall explore the feasibility of establishing andThe Under Secretary, in consultation with airThe Under Secretary is to work with the TSOB to
implementing a system for cross-checking data oncarriers and other government agencies, establishexplore the feasibility of developing a common
individuals identified on all federal agency security-policies and procedures requiring air carriers to usedatabase of individuals who may pose a threat to
related data bases. (Sec. 103)information from government agencies to identifytransportation or security. (Sec. 102)
individuals on passenger lists who may be a threat to
iki/CRS-RL31150civil aviation and , if an individual is identified, tonotify appropriate law enforcement agencies and
g/wprohibit the individual from boarding an aircraft.
s.or(Sec. 106)
leak
The Attorney General shall require manual searchesThe Under Secretary shall require a manual processSimilar to House version.
://wikiat explosive detection system screening locations inairports where explosive detection equipment isat explosive detection system screening locations inairports where explosive detection equipment is(Sec. 110)


httpunderutilized. This is to augment the Computerunderutilized. 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 ofselections to assure that the minimum number of
bags, prescribed by the Attorney General, isbags, 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Dept. of Justice under the Attorney General, inThe Transportation Security Administration (TSA),Blend of both versions. Federal employees must do
consultation with the Secretary of DOT, shall beunder the Under Secretary of Transportation forthe screening after one year.
responsible for the screening of all passengers andSecurity assumes the responsibility for the screening(Sec. 110)
property, including the U.S. mail, cargo, carry-onof passengers and property on passenger aircraft
and checked baggage, carried aboard or in the cabinthat, 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 boardingmay perform any additional screening that the Under
and 2) be carried out by federal governmentSecretary 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 availablepassengers and property that will be carried in a
nonintrusive and other inspection and detectioncabin of an aircraft.
technology approved by the FAA.(Sec. 108)
The screening must: 1) be done prior to boarding; 2)
iki/CRS-RL31150be done by persons and procedures acceptable to theUnder Secretary; 3) be supervised by uniformed
g/wfederal personnel of the TSA who shall have the
s.orpower to order the dismissal of nay individual
leakperforming such screening. (Sec. 102)
://wiki____If two years after the federalization of the airportsecurity screening is certified. Airports may apply to
httpopt out of the use of federal screeners in favor of
hiring private screeners. (Sec. 108)
__*Requires that any private security firm retained toSimilar to House version.
provide airport security services be owned and(Sec. 108)


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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Within 30 days of enactment the Attorney GeneralThe Under Secretary shall prescribe employmentBlend of Senate and House versions.
will develop a plan for training of federal airportstandards for persons who screen passengers and(Sec. 111)
security screening personnel, which shall, at aproperty, which shall include: a requirement that all
minimum, require an individual to 1) get apersonnel who screen passengers and property be
satisfactory score on the screening exam; 2) havecitizens of the United States; a preference for hiring
been a national of the U.S. for at least 5 consecutiveretired armed forces personnel. Until the final rule
years; 3) have passed a drug test; 4) have at least ais issued the bill specifies an number of
high school diploma; 5) have a variety of physicalrequirements including: 1) a high school diploma,
abilities needed to properly operate the equipmentGED, 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 rigorousand perform searches; *the ability to demonstrate
background check. 8) pass an annual proficiencydaily 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.
iki/CRS-RL31150(Sec. 104)
g/wThe Attorney General, notwithstanding any otherThe uniformed federal personnel of the TSA whoSimilar to Senate version. The report language
s.orprovision of law, may employ, appoint, discipline,shall supervise all screening of passengers andasserts that it is the expectation of the conferees that
leakterminate, and fix the compensation, terms, andproperty at airports shall have the power to order theemployees shall receive the standard health, workers
conditions of employment of federal service for suchdismissal of any individual performing suchcompensation, and retirement benefits received by
://wikia number of individuals as the Attorney Generaldetermines to be necessary to carry out passengerscreening. (Sec. 104)federal employees.(Sec. 111)
httpscreening functions. (Sec. 109)
Applies the prohibition against strikes by federalIndividuals that screen passengers or property, or
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)
The Attorney General shall establish, within 30 daysPer 49 U.S.C. 44935, as amended by the Act, theSimilar to Senate version.
of enactment, qualification standards for individualsUnder Secretary is to prescribe standards, within 6(Sec. 111)


to be hired by the United States as airport securitymonths of enactment, for the employment of
screening personnel, who must: 1) have asecurity 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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
The Attorney General is authorized to employ,____
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)
The Attorney General, within 60 days of enactment,Within 6 months of enactment, the Under SecretarySimilar to Senate version.
is to develop a plan for the training of securityshall 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 hoursall screeners, screener supervisors, and screener
iki/CRS-RL31150of on the job instruction; successful completion of anon-the-job examination (training must be equipmentinstructors to have satisfactorily completed allinitial, recurrent, and appropriate specialized
g/wspecific). DOT will require training in the most up-training necessary to ensure compliance with the
s.orto-date equipment. DOT must make periodicrequirements of section 44935 [Employment
leakassessments of dual-use items (e.g. box cutters) andStandards and Training]. 2) during on-the-job
inform screening personnel. training, may perform security functions if the
://wiki(Sec. 109)individual is closely supervised and does not makeindependent judgments; 3) individuals that fail an
httpoperational test may not perform screening until the
individual has successfully completed remedial
training. (Sec. 104)
The Attorney General must by rule require allThe Under Secretary shall develop standards andSimilar to Senate version.
federal screeners to be tested for proficiency not lessprocedures, *and performance goals*, for the(Sec. 111)
than once each year. In addition the Attorneyissuance, renewal, and revocation of a certificate of
General shall also provide for the operationalqualification 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)
__The authority of FAA to test airport securitySimilar to House version.
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
TopicAviation Security Act of 2001Airport Security Federalization Act of 2001Aviation 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, 2001Enacted Nov. 19,2001
Oct. 11, 2001(*...* denotes provisions from manager’s
amendment of Nov. 1, 2001)
Within 6 months the Deputy Secretary for Aviation____
Security shall assess: the effectiveness of biometric
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)
Authorizes an additional $50 million annually for__Similar to Senate version.
FY2002 through FY2006 for research in security(Sec. 137)
iki/CRS-RL31150technologies. Also authorizes $20 million for theFAA to issue research grants in conjunction with the
g/wDefense Advanced Research Projects Agency for
s.orresearch in longer term improvements to airport
leaksecurity including weapons detection, secure
information networking, biometric, and other
://wikitechnologies for preventing acts of terrorism inaviation. (Sec. 221)
http
__*Provides that air carriers must honor other airSame as House version.
carriers’ tickets on a route where an air carrier has(Sec. 145)
had to suspend, interrupt or discontinue air
passenger service because of an act of war or
terrorism.* (Sec. 122)
DOT is to carry out a program to permit qualified__Similar to Senate version.
law enforcement officers, firefighters, and(Sec. 131)


emergency medical technicians to provide
emergency services on commercial air flights during
emergencies. Exempts volunteers from liability.
(Sec. 130)