The document discusses various transportation security laws and regulations passed after 9/11. It provides an overview of key laws such as the Aviation and Transportation Security Act, which created the Transportation Security Administration (TSA), and the Maritime Transportation Security Act, which enhanced port security. It also discusses international treaties and standards regarding aviation, cargo, rail, maritime, and hazardous materials transportation security. While significant progress has been made in strengthening domestic transportation security laws, the document concludes that more still needs to be done to standardize security practices across all modes of transportation.

1. 1

2. Domestic laws, which effectuate changes within domestic
markets will affect trading partners. One country seeking
to improve its domestic infrastructure protection scheme
must rely on continuation of the chain; both incoming
and outgoing. International treaties also can be vaguely
worded and prove to be open to interpretation by each
jurisdiction in a different manner. The European Council
of Ministers of Transport (ECMT) at the annual meeting
in May 2003 in Bucharest, Hungary criticized the current
status quo and agreed that arrangements for
transportation security should avoid inconsistent security
requirements between different types of transport.
Introduction:
2

3. Aviation and
Transportation Security
Act- November 2001 (P.L.
107-71)
3

4. The Act was intended to fundamentally change the way security is
performed and overseen regarding the entire transportation
industry. In summary, the rulemaking implementing ATSA transfers
the FAA’s rules governing civil aviation security to TSA. This
rulemaking is supposed to amend those rules to enhance security at
the nation’s airports. It was intended to improve the quality of
screening conducted by aircraft operators and foreign air carriers
and to improve the qualifications of individuals performing screening,
and thereby to improve the level of security in air transportation.
With the creation of the TSA, the government planned to: screen all
persons, baggage, and cargo; provide stress management conflict
resolution programs; and implement policies for professional
interaction with passengers.
4

5. Transportation Security
Enhancement Act 2001 (H.R.
3110)
5

6. Initially, the law transferred all aviation security functions to the
TSA except the Federal Air Marshal Program, which remained
within the Federal Aviation Administration. It designated the
Under Secretary as the primary liaison with the intelligence and
law enforcement communities. The Act also permits the Under
Secretary to issue, rescind, and revise regulations to carry out
TSA’s security functions. The Under Secretary is permitted to
consider the costs of any proposed security regulation, but shall
not undertake a cost-benefit analysis that places a monetary value
on human life. In a somewhat controversial move, Congress
allowed the administration to develop a unique personnel system,
including wide open provisions on compensation and benefits. It
contains elements of great flexibility in hiring well-qualified
employees and firing under-performing employees. 6

7. Homeland Security
Enhancement Act of 2003
7

8. This proposed legislation underwent some significant
debate. The law would have explicitly allowed state
and local police to arrest or detain people suspected
of immigration violations. Sen. Sessions (D-NY) was
adamant about the fact that only approximately 2,000
federal officers are available to confront a population
of a suspected 10 million illegal aliens. Opponents
argued that state and local law enforcement officers
are already financially strapped with current
missions. According to Sen. Session’s office,
suspected illegal aliens often go free because no
federal officers are available to take custody of them.
The bill never passed. 8

9. Air Passenger/Cargo Liability
Laws
9

10. Montreal Protocol 3 established absolute liability in cases of death or
injury on international flights to $130,000. The final destination on a
passenger’s ticket determines whether they are limited to a recovery of
$130,000 or a virtually unlimited amount against a domestic carrier using
individual state civil law if the traveler’s destination is a domestic one.
With respect to international air transportation, Article 17 of the
Warsaw Convention provides that, “a carrier would be liable for damage
sustained in the event of the death or wounding of a passenger or any
other “bodily injury” suffered by a passenger, if the accident which
caused the damage so sustained took place on board the aircraft or in the
course of any of the operations of embarking or disembarking” (49 US
Stat. 3000). However, Article 25 of the Convention, prior to its
amendment by Montreal Protocol Number 4, made the convention’s
limit on liability inapplicable if the carrier’s “willful misconduct” caused
the damage. How to determine whether the airlines conduct amounted to
willful misconduct had been the primary issue in numerous lawsuits and
remains contentious.
10

11. Air Cargo Security
Improvement Act (S. 165)
11

12. It amends P.L. 107-71, the Aviation and
Transportation Security Act. The bill, finally
passed in December 2003, imposes new
responsibilities on the TSA. It will require the
TSA to regularly inspect air shipping
facilities, expand the Federal Flight Deck
Officer Program to cargo pilots, establish an
industry wide database of cargo shippers, and
create a security training program for air
cargo handlers. The cost of implementing the
bill will be $417 million over the period 2004-
2008. 12

13. Secure Existing Aviation
Loopholes Act (SEALS) (H.R.
3798)
13

14. It sought to amend the Homeland Security Act of 2002
by directing the Secretary of Homeland Security to:
1. Establish a system and plan to screen or inspect all
cargo to be transported in passenger aircraft
operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation.
2. Monitor and evaluate research and development
(R&D) of effective cargo screening.
3. Impose a cargo security fee to be collected by the air
carrier or foreign air carrier that provides the air
transportation. 14

15. Aviation Security Technical
Corrections and Improvement
Act (H.R. 2144)
15

16. a. Directive to give priority to, and set standards for, passenger screening checkpoints so that the
equipment there will be able to detect plastic weapons, and explosives on passengers and in carry-on
bags. Currently, only checked baggage is screened for plastic explosives.
b. Changes the rules to better enable American flight schools to accept foreign students who have
undergone a background check.
c. Revises letter of intent procedures to help pay for in-line baggage screening systems at airports.
d. Gives American pilots a right to appeal the revocation of their pilot license for security reasons.
e. Repeals the provision in the February Supplemental that prohibited banner towers from flying over
stadiums and allows those banner towers to fly again if the pilot undergoes the same background check
as commercial pilots.
f. Allows charter flights at Reagan National in accordance with a security plan.
g. Includes a pilot program for cargo security.
h. Includes a procedure for employees to appeal their dismissal for crimes that are revealed by their
background check.
i. Directs TSA to develop a certification program for bomb detecting K-9 teams.
j. Incorporates the amendment allowing cargo pilots to be armed.
k. Requires TSA to develop a trusted traveler program within 1 year.
l. Creates a small business ombudsman within TSA.
In a nutshell:
16

17. Aviation Security Improvement
Act (S. 2949)
17

18. The Senate Commerce, Science and Transportation Committee favorably
reported S. 2949, to the full Senate. The bill was comprised of seven titles.
Title I clarified the status of the TSA’s efforts to equip commercial airports
with acceptable baggage screening systems by the December 31, 2002
deadline. Title II was to improve cargo security in the United States by
instructing the TSA to establish an inspection program for all cargo
transported through the nation's air transportation system. Title III
instructed the TSA and FAA to develop guidelines within 180 days of
passage for commercial aviation workers that check passenger
identification. Title IV amended previous penalties for individuals who
intentionally interfered or circumvented security checkpoints at U.S.
airports. Title V also required DOT provide a report to Congress that
evaluated the availability and analyzed the economic impact of war risk
insurance on aviation entities in an effort to determine alternative
possibilities for providing insurance for air carriers. Title VI required TSA
and FAA to submit a report to Congress that evaluated and makes
recommendations on the use of blast resistant container technology in cargo
holds on passenger airliners within 6 months of passage. Title VII was to
make technical corrections to P.L. 107-71.
18

19. Railroad Transportation
Security Act (S. 2216)
19

20. This bill encourages the DHS to examine the need to improve
rail security, especially in light of the Madrid bombings. It
directs the DHS to undertake risk assessments and to take the
necessary actions to protect the infrastructure and passengers
of the railway system. The bill is particularly cognizant of the
need to improve tunnel safety and security. It specifically
authorizes $667 million to upgrade the safety and security of
ventilation, electrical, and emergency systems at 6 of New
York’s tunnels which were built as long ago as 1910. An
additional $57 million is earmarked for the Baltimore and
Potomac tunnel which was actually built over 100 years ago in
1872. Another $40 million will go to the Washington, D.C.
Union Station tunnels built in 1904. These tunnels run directly
underneath the Supreme Court and the Congressional office
buildings. See reintroduction of the Railroad Security Act
2005
20

21. The Federal Railroad
Safety Improvement Act
(S.1402)
21

22. This bill, passed by the Senate on November 25, 2003,
reauthorized the Federal rail safety program for five
years (2004-2008) but also contains some provisions
directly related to security. It clarifies that the
Secretary’s authority to issue regulations for every
area of railroad safety and also includes the authority
to issue regulations addressing threats to railroad
security. It also requires that the Secretaries of
Transportation and Homeland Security sign a
memorandum of agreement governing the roles and
responsibilities of their respective departments in
addressing transportation security, including
processes to promote communication, efficiency, and
non-duplication of efforts. See reintroduction of the
Federal Railroad Safety Improvement Act of 200522

23. Maritime Transportation
Act-2002
(S. 1214)
23

24. In October 2003 the Department of Homeland Security
announced that new maritime industry security
requirements will enhance protection of ports,
waterways, and ships from terrorist attacks. The
unique piece of legislation combines the multitude of
federal, state, and local and private law enforcement
agencies overseeing the security of the international
borders of the United States at seaport entry locations.
In general, the bill authorizes an increase in the
number of security officers, additional screening
equipment and the assembly of vital security
infrastructures. 24

25. IMO The International Ship and
Port Facility Security Code
25

26. In effect, the Code, which was officially
implemented July 1, 2004, takes the
approach that ensuring the security of
ships and port facilities is basically a risk
management activity and that to
determine what security measures are
appropriate, an assessment of the risks
must be made in each particular area.
The Code mirrors the Coast Guard rules
but warrant separate analysis on its own
merits.
26

27. Amendments to SOLAS (Safety
of Life at Sea)
27

28. Additional amendments have also been made to the 1974
SOLAS Convention, which was intended to enhance
maritime security on board ships and at ship/port
interface areas. Modifications to Chapter V (Safety of
Navigation) mandate a new timetable for the fitting of
Automatic Information Systems. Ships, other than
passenger ships and tankers, of 300 gross tonnage and
upwards but less than 50,000 gross tonnage, were required
to fit AIS not later than the first safety equipment survey
after July 1, 2004 or by December 31, 2004, which ever was
sooner. The Code states that, “Ships fitted with AIS shall
maintain AIS in operation at all times except where
international agreements, rules or standards provide for
the protection of navigational information.” 28

29. Patriot Act (H.R. 2975), (H.R.
3162), (S. 1510)
29

30. It is formally entitled, The Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001. In
general, the new law significantly increased the
surveillance and investigative powers of law enforcement
agencies in the United States. However many have
argued it did not provide for a system of checks and
balances that traditionally safeguarded civil liberties
under most U.S. law. The Foreign Intelligence
Surveillance Act of 1978 created a new court to oversee
highly sensitive law enforcement activities related to
espionage or terrorism. The Patriot Act broadened the
government’s ability to seek warrants through this court.
The administration felt that laws existing prior to
September 2001 failed to provide law enforcement
authorities with sufficient critical tools to win the war on
terrorism. 30

31. Update: Federal courts declared some sections
unconstitutional concluding that they interfered with
civil liberties. The Act was renewed on March 2,
2006 with a vote of 89 to 11 in the Senate and on
March 7, 2006, 280 to 138 in the House. The renewal
was signed into law by President Bush on March 9,
2006. Some of the more controversial provisions of
the act were largely inspired by the RICO act, which
restricted due process for individuals involved in
organized crime, racketeering, and drug trafficking.
The act essentially extended the qualifications to
those involved in terrorism.
31

32. Patriot Act II-Domestic Security
Enhancement Act of 2003
32

33. The Act, never passed in this form, was to supplement
the Patriot Act, dubbed Patriot Act II. This law would
have permitted, according to the characterization by
its critics, the government the right to detain someone
indefinitely without ever disclosing their identity. Note:
HR 3162, the USA PATRIOT ACT, incorporated
provisions of two earlier anti-terrorism bills: HR 2975,
which passed the House on 10/12/2001; and S 1510,
which passed the Senate on 10/11/2001. Provisions of
HR 3004, the Financial Ant-Terrorism Act, were
incorporated as Title III in HR 3162. Though not
passed, the issues are worthy of debate. 33

34. International Civil Aviation
Organization (ICAO) Annex 17
34

35. The document, 7th Edition, dated April 2002, provides detailed
procedures and guidance on aspects of aviation security and is
intended to assist States in the implementation of national civil
aviation security programs. The Annex was adopted in six
languages, English, Arabic, Chinese, French, Russian, and
Spanish. In reading the original formal document it is
important to note that Standards have been printed in “light
face roman” and Recommended Practices have been printed in
“light face italics.” Restricted information is contained in
Document 8973. The general objective seeks that, “each
contracting state establish an organization and develop and
implement regulations, practices and procedures to safeguard
civil aviation against acts of unlawful interference taking into
account the safety, regularity and efficiency of flights” (Annex
17, 2.1.2). 35

36. The Hazardous Materials
Transportation Reauthorization
Act of 2001
36

37. This legislation maintains
responsibility for regulating
hazmat shipments within the
Department of Transportation
and directs that the Research
and Special Programs
Administration police those
shipments. 37

38. Other Transportation Related
Legislation
38

39. The Interstate Natural Gas Association of America
reports that there is no specific threat to the gas-
carrying infrastructure in the United States. The
Association of Oil Pipe Lines states that oil pipelines
are operating under normal output levels
(conditions) and that no special security risks have
been detected. But, at any time, the risks faced by
either oil or gas pipelines companies can change. The
OPS has warned that critical pipeline facilities, such
as control centers, pump and compressor stations, as
well as storage facilities may be targets for terrorist
attacks. OPS assessments indicated that many of
these facilities need to be better protected. 39

40. Conclusion
40

41. Policymakers have turned their attention
to maritime, trucking, rail, mass transit,
and pipeline security. However, much
more needs to be done regarding these
transportation component security
practices in general. “Best practices” do
not have the force of law. Such
recommendations can be avoided no
matter what the risk, regardless of the
foolishness of doing so, all in the name of
cost.
41

42. After reading this chapter the reader should be able to:
1. Examine how international treaties and regulations affect the free flow of
trade and commerce among trading partners.
2. Compare the provisions of the Aviation and Transportation Security Act of
2001 with the FAA security regulations (Parts 107 and 108) in place prior to
9/11.
3. Understand the development and growth of the Department of Homeland
Security and its current problems and successes.
4. Comprehend the need for limits on liability in the transportation industry.
5. Compare the cargo security rules in U.S. law with ICAO, Annex 17.
6. Discuss the major provisions of the Railroad Transportation Security Act
and the Federal Railroad Safety Improvement Act.
7. Balance and contrast the U.S. Coast Guard maritime security rules with
those contained in the IMO code.
8. Critique and/or support arguments by the ACLU pertaining to the
controversial aspects of the Patriot Act and its amendments.
9. Link the aspects of Hazardous Materials Transportation Reauthorization
Act to improved security within the trucking industry.
Learning Objectives:
42

43. 1. Examine the improvements in security initially mandated by Congress and made by the
TSA and DHS immediately after 9/11. What has really changed?
2. Analyze the usefulness of concentrating on aviation security after 9/ll to the alleged
detriment of rail, maritime, mass transit, trucking, and oil pipeline security. Where should
the government concentrate now?
3. Draft an essay on the legislation passed by Congress to improve transportation security
and implemented by the TSA since 2001 and analyze what is going well and not so well.
4. What are the benefits of placing limits of liability on international and domestic flights?
5. Discuss the changes needed to the organizational structure of the Coast Guard in light of
their new responsibilities under the Maritime Act.
6. Critique the drawbacks of the IMO maritime security rules and the Amendments to
SOLAS.
7. Explore the improvements to the Patriot Act, which arguably should be made to protect
civil liberties in the United States and still effectively fight a war on terrorism.
8. Prepare a list of requirements legislated in the Hazardous Materials Transportation
Reauthorization Act of 2001.
9. Argue the pluses and minuses of FAA ability to revoke a pilot’s license for security
reasons.
Discussion Questions and Exercises:
43