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Brief Overview of the Aviation
Security Act |
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S.1447
Aviation and Transportation Security Act (Enrolled Bill)
(Final version as passed by both Houses)
Final version of the bill as passed by both the House and Senate on
11/16/01
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US CODE, TITLE 49, SUBTITLE I,
CHAPTER 1, > Sec. 113 (last section prior to the new Section 114
added with the Act)
SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.
(a) IN GENERAL.—Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
‘‘§ 114. Transportation Security Administration
(Note: The "US Code" is the Code of Federal Regulations) |
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The Office of the Federal Register,
National Archives and Records
Administration, has assigned law numbers to the following bill(s)
approved by the President:
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S. 1447 / Public Law 107-71
Aviation and Transportation Security Act
(Nov. 19, 2001; 115 Stat. 597; 51 pages) |
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The Aviation and Transportation
Security Act (Aviation Security Act), is defined as "an act to
improve aviation security..." Title 1, Aviation Security, creates
the Transportation Security Administration.
November 19, 2001,
President Bush signed the Aviation and Transportation
Security Act, making airport security a direct Federal
responsibility.
The Transportation Security Administration is an
administration of the Department of Transportation.
The head of the Administration is the Under Secretary of
Transportation for Security. It is a position appointed by the
President, who receives advice and consent from the U.S. Senate.
The term of office for the Under Secretary is 5 years.
John W. Magaw, nominee Under Secretary of Transportation for
Security, has been nominated by President Bush. Mr. Magaw is the
former Secret Service director. He has also served as the director
of the Treasury Department's Bureau of Alcohol, Tobacco and
Firearms. Currently he is the acting executive director of the
Office of National Preparedness, part of the Federal Emergency
Management Agency. |
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In addition, the Aviation Security
Act establishes the Transportation Security Oversight Board,
established in the Department of Transportation. It is composed of
seven members: The Secretary of Transportation, or the Secretary's
designee; The Attorney General, or the Attorney General's designee;
The Secretary of Defense, or the Secretary's designee; The Secretary
of Treasury, or the Secretary's designee; The Director of the
Central Intelligence Agency, or the Director's designee; one member
appointed by the President to represent the National Security
Council; and one member appointed by the President to represent the
Office of Homeland Security.
The Chairperson of the Board is the Secretary of
Transportation.
Duties of the Transportation Security Oversight Board are to:
"(1) review and ratify or disapprove any regulation or security
directive issued by the Under Secretary of Transportation for
security under section 114(l)(2) within 30 days after the date of
issuance of such regulation or directive; ‘‘(2) facilitate the
coordination of intelligence, security, and law enforcement
activities affecting transportation; ‘‘(3) facilitate the sharing of
intelligence, security, and law enforcement information affecting
transportation among Federal agencies and with carriers and other
transportation providers as appropriate; ‘‘(4) explore the technical
feasibility of developing a common database of individuals who may
pose a threat to transportation or national security;
‘‘(5) review plans for transportation security; ‘‘(6) make
recommendations to the Under Secretary
regarding matters reviewed under paragraph (5)." |
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Federal Security Managers -
This position, established by the Under Secretary of Transportation
for Security, is established at each airport in the United States
described in section 44903(c) (which refers to the 142 largest
airports in the U.S.).
ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Under Secretary of
Transportation for Security shall establish the position of Federal
Security Manager at each airport in the United States described in
section 44903(c) . The Under Secretary shall designate individuals
as Managers for, and station those Managers at, those airports.
‘‘(b) DUTIES AND POWERS.—The Manager at each airport shall—‘‘(1)
oversee the screening of passengers and property at the airport; and
‘‘(2) carry out other duties prescribed by the Under Secretary.’’. |
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Other important sections of the Act:
SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.
SEC. 107. CREW TRAINING.
SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES.
SEC. 109. ENHANCED SECURITY MEASURES.
SEC. 110. SCREENING.
SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.
SEC. 112. RESEARCH AND DEVELOPMENT.
SEC. 113. FLIGHT SCHOOL SECURITY.
SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY
PERSONNEL.
SEC. 115. PASSENGER MANIFESTS.
SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.
SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.
SEC. 118. SECURITY SERVICE FEE.
SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.
SEC. 120. CHEMICAL AND BIOLOGICAL WEAPON DETECTION.
SEC. 121. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR
SECURITY MANDATES.
SEC. 122. SENSE OF THE CONGRESS.
SEC. 123. AIRPORT IMPROVEMENT PROGRAMS.
SEC. 124. TECHNICAL CORRECTIONS.
SEC. 125. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS
ACTIVITIES.
‘‘§ 44941. Immunity for reporting suspicious activities
SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.
SEC. 127. MAIL AND FREIGHT WAIVERS.
SEC. 128. FLIGHT DECK SECURITY.
SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
SEC. 130. RESULTS-BASED MANAGEMENT.
SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING
COMMERCIAL FLIGHTS.
SEC. 132. GENERAL AVIATION AND AIR CHARTERS.
SEC. 133. DEFINITIONS.
SEC. 134. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.
SEC. 135. SENSE OF THE HOUSE OF REPRESENTATIVES.
SEC. 136. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY
TECHNOLOGIES AND
PROCEDURES.
SEC. 137. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY.
SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.
SEC. 139. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.
SEC. 140. CONFORMING AMENDMENTS TO SUBTITLE VII.
SEC. 141. SAVINGS PROVISION.
SEC. 142. BUDGET SUBMISSIONS.
SEC. 143. LAND ACQUISITION COSTS.
SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL
VIOLENCE OR AIRCRAFT PIRACY.
SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED
SERVICE.
SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.
SEC. 147. AVIATION WAR RISK INSURANCE.
TITLE II—LIABILITY LIMITATION
SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
ACT AMENDMENTS.
(Tip: To view each of these sections,
click on this link and then use the search feature of the
Adobe Acrobat Reader (binoculars icon) and type in the SEC. ### of
interest.) Click
here to download the free Adobe Acrobat Reader. |
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Definition of "acts of terrorism" as
defined in the Aviation Security Act:
SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
Section 44703(g) of title 49, United States Code, is amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘pilots’’ and inserting ‘‘airmen’’; and
(B) by striking the period and inserting ‘‘and related to combating
acts of terrorism.’’; and
(2) by adding at the end, the following new paragraphs:
‘‘(3) For purposes of this section, the term ‘acts of terrorism’
means an activity that involves a violent act or an act dangerous to
human life that is a violation of the criminal laws of the United
States or of any State, or that would be a criminal violation if
committed within the jurisdiction of the United States or of any
State, and appears to be intended to intimidate or coerce a civilian
population to influence the policy of a government by intimidation
or coercion or to affect the conduct of a government by
assassination or kidnapping. |
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Tip: To view each of
these sections,
click on this link and then use the search feature of the
Adobe Acrobat Reader (binoculars icon) and type in the SEC. ### of
interest.) Click
here to download the free Adobe Acrobat Reader. |
|
Code of Federal Regulations
Title 14 -- Aeronautics and Space
CHAPTER I -- FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
Part 108 -- Airplane operator security
National Archives and Records Administration
http://www.access.gpo.gov/nara/cfr/waisidx_01/14cfr108_01.html
Or ....
http://lula.law.cornell.edu/cfr/cfr.php?title=14&type=part&value=108
(both sites offer links to the actual text and PDF versions that can
be downloaded) |
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Airport.net's Security Central
Solutions for safer airports
Congressional Legislation
http://www.airportnet.org/security/legis.htm
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U.S Department of Transportation
Briefing Room
for News, Speeches and the latest hot topics of interest...
http://www.dot.gov/affairs/briefing.htm
U.S. Transportation
Secretary Norman Y. Mineta
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Training Plan for Airport Security
Screeners
http://www.dot.gov/affairs/Training%20Plan.htm
The Under Secretary of Transportation for Security
Transportation Security Administration
January 18, 2002 |
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Articles:
Some Pilots Feel Aviation Security Act Overlooks Important Part Of
Airline Industry
(New York-WABC, November 27, 2001)
http://abclocal.go.com/wabc/news/WABC_112701_cargoplanes.html
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Transportation News Daily
"Your Daily Guide to the Transportation Industry"
http://www.transportnews.com/
"AAA Calls Airport Security Milestone Important to Full Resumption
of Air Travel "
http://www.transportnews.com/Article/141068
Air - Features
http://www.transportnews.com/Topic/1100
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