The New Face of Aviation Security: Implementing the Aviation and Transportation Security Act

This article (Paragraph No. 5101) notes that in the aftermath of the September 11, 2001 terrorist attacks and their collateral effects on the aviation industry and the economy as a whole, Congress was spurred to address the deficiencies - real and perceived - in the nation's civil aviation security program. As the Senate and House of Representatives wrestled with the issue, several contemporaneous incidents of airport security breaches fueled the political debate, further weakened public confidence in the safety of air travel, and added a sense of urgency to the need for consensus regarding additional measures to enhance air transportation safety. Against that backdrop, Congress reached a bipartisan compromise aimed at creating a uniform, consistent security system at all U.S. airports. The Aviation and Transportation Security Act, signed by President Bush on November 19, 2001 (Public Law 107-71, 115 Stat. 597, et seq.), contains initiatives proffered by both House and Senate leaders. Included in the landmark package is a federalized airport screening system and a new Transportation Security Administration within the Department of Transportation, responsible for security in all modes of transportation, including aviation. The law also endeavors to close a serious gap in U.S. aviation security by ensuring 100% baggage screening and by mandating the installation of full explosives detection systems by the end of 2002. The authors explain the new law section by section and examine the major regulations that have been put in place thus far to implement it. In their detailed analysis, the authors examine the numerous changes the law makes to the administration of aviation security, its implications for the air transportation system, and its potential effects on legal and policy issues affecting air carriers and others in the civil aviation industry.