|
AFI Energy and Transportation Committee
October 26, 2001
House Proposal for Aviation Security Legislation
House Hopes to Pass Aviation Security Legislation Soon
On October 17, 2001, House Transportation and Infrastructure Committee Chairman, Representative Don Young (R-A.K.), introduced the "Secure Transportation for America Act" or H.R. 3150. The measure was introduced in response to the Senate's unanimous approval of S. 1447, "Aviation Security Act" on October 11. The House bill contains many of the same safety provisions contained in the Senate bill. Similar to the Senate bill, H.R. 3150 would tighten air travel security by making changes to airport screening, expanding the federal air marshal program and taking steps to strengthen cockpit doors.
Airport Security
The most substantial difference between the two bills is the approach to the airport screening process. The Senate bill would federalize the airport screening process, while the House bill would give the President the flexibility of adopting either a federal-private sector coordination or federalizing the airport screening process. The private-federal model requires the federal government to provide an average of 10 to 15 percent of security personnel while the private sector provides the remaining 85-90 percent of security personnel. A passenger facility fee of $2.50 charged for each one-way trip would cover the cost of increased security. If the fee imposed on passengers is insufficient to pay for the costs of the increased security, a fee will be imposed on the air carriers for the difference between the security cost and the amount collected from passengers. The legislation also makes flexible funds under the Airport Improvement Program and Passenger Facility Charges if the fee or grant is used to improve security at the airport.
Aircraft Security
H.R. 3150 would establish a new Transportation Security Administration that would oversee security measures for all modes of transportation. The Transportation Security Administration would be headed by a new Under Secretary of Transportation Security. The Under Secretary of Transportation would oversee an expanded federal air marshal program. The Under Secretary would be required to develop methods to strengthen cockpit doors, provide for the use of video monitors to alert the cockpit crew to activity in the passenger cabin and for other innovative technologies. The bill authorizes $500 million to air carriers to carry out increased aircraft security measures.
White House Support for Aviation Security Legislation
White House and House Republicans Favor H.R. 3150
Because H.R. 3150 is similar to the administration's proposal, House Republicans have strong support for H.R. 3150. However, many of the House Democrats voice support for H.R. 3165, the House companion bill to S. 1447, introduced by Representative Greg Ganske (D-Iowa). On October 12, 2001, the White House stated President Bush is not ready to support the recently passed Senate proposal that would federalize baggage screeners. In a letter to House Speaker Dennis Hastert (R-Ill.) on October 25, 2001, the President expressed his support for H.R. 3150. The President explained H.R. 3150, similar to his proposal, would give the "federal government the flexibility to build the best workforce to perform the actual screening function". The President stated in the letter, "Such an inflexible, one-size-fits-all requirement fails to permit security tailored to the very different circumstances that exist at airports across the country." The President's proposal recommends major expansions of the federal air marshal program and substantial new funding for aircraft security modifications which are included in both S. 1447 and H.R. 3150. In an October 25, 2001 letter, President Bush urged a swift approval of H.R. 3150 stating, "The American people deserve a quick and smooth transition to a better aviation security system. I urge the House to pass H.R. 3150 as soon as possible". The bill is scheduled for a floor vote on October 31, 2001. The White House has not commented on whether the President would veto a proposal to federalize the airport screening process. If the House passes H.R. 3150 and goes to conference, differences may not be resolved until after the winter break.
Senate Proposal for Aviation Security Legislation
Senate's Aviation Security Bill
On Thursday, October 11, 2001, the Senate passed S. 1447, the "Aviation Security Act". The bill would tighten air travel security by federalizing airport security, expanding the federal air marshal program and taking steps to strengthen cockpit doors.
Federalization of Airport Security
The legislation would authorize the Department of Justice (DOJ) to hire, train and supervise federal government employees to screen baggage and passengers at major airports across the country. In addition, the DOJ would be authorized to order law enforcement personnel at each airport security screening location. The legislation requires at least one law enforcement officer at each airport security screening location at the 100 largest airports in the U.S. The Attorney General may require that screening of passengers and baggage at smaller airports be carried out by qualified, trained state or local law enforcement personnel and meet federal standards. The cost of this increased security is estimated at $1.2 billion - $2 billion per year. The heightened security would by covered by a fee of $2.50 for each passenger enplanement. The legislation also makes flexible funds under the Airport Improvement Program and Passenger Facility Charges to "defray additional direct security-related expenses imposed by law or rule after September 11, 2001". The government expects the increased security to take at least six months to put in place.
Aircraft Security
The DOJ would be authorized to oversee an expanded Federal air marshal program.
The Attorney General would define guidelines for the training and deployment of individuals authorized. The Secretary of Transportation could place federal air marshals on every scheduled passenger flight and would place them on every flight that is believed to present high security risks. The measure also authorizes the FAA to allow pilots to carry guns and would also require airplanes to be fitted with reinforced cockpit doors accessible only to pilots.
NCSL Contacts:
Eileen Doherty, Energy and Transportation Committee Director
(202) 624-8687
eileen.doherty@ncsl.org
Laurie Holmes, Energy and Transportation Committee Assistant
(202) 624-8695
laurie.holmes@ncsl.org
|