CCH Journal Analyzes Implications Of Anti-terror Measures For Aviation Industry
(RIVERWOODS, ILL., April 30, 2002) – The events of September 11,
2001, will continue to shape the aviation industry for years to come,
according to CCH INCORPORATED (CCH), a leading provider of business,
aviation and regulatory law information. In its latest report, CCH’s
Issues in Aviation Law and Policy contains several timely
analyses of issues related to the terror attacks of last fall,
authored by leading industry figures. ($220. To order, call CCH at
1-800-449-6435 or visit the CCH Online Store at onlinestore.cch.com).
"The goal of Issues in Aviation Law and Policy is to
improve understanding and stimulate debate in order to identify and
address emerging and pivotal issues in the air transportation
field," said Gov. Gerald L. Baliles, Head of the International
Practice Group at the law firm of Hunton & Williams, Chairman of
the former National Airline Commission and editor in chief of the CCH
"In this latest update, contributors offer both careful
analysis of the challenges facing the industry and passionate advocacy
of new courses of action. News stories of security lapses and delays
in meeting deadlines for security improvements fall into context as
one reads this timely update," Baliles added.
Costello and DeHaan: ATSA's Implications
Two articles in the latest Issues bear directly on the
question of security. The magnitude of the challenges facing airlines,
airports and federal agencies is made clear in The New Face of
Aviation Security, by Frank J. Costello and Robert A. DeHaan of
Zuckert Scoutt & Rasenberger LLP, a prominent Washington, DC law
firm. The article examines the Aviation and Transportation Security
Act of 2001 (ATSA).
The authors take a section-by-section look at the law and the major
regulations that have been put in place thus far to implement it. In
their detailed analysis, they examine the numerous changes the statute
makes to the administration of aviation security, its implications for
the air transportation system, and its potential impact on legal and
policy issues affecting air carriers and others in the civil aviation
Much of their analysis focuses on the multiple mandates placed on
the Transportation Security Agency (TSA), the new federal entity
within the Department of Transportation responsible for security in
all modes of transportation. Costello and DeHaan point out that with a
budgeted staff of 41,000 employees, the TSA will be the largest
federal law enforcement agency, by a wide margin.
In a departure from past policy, the agency has already identified
extensive information and records that constitute "sensitive
security information" that will not be subject to Freedom of
Information Act requests.
Costello and DeHaan also detail the ambitious schedule contemplated
in the ATSA for "federalizing" passenger screening, training
a screener workforce, implementing 100-percent baggage and cargo
screening; expanding background check requirements; and enhancing
flight school security, crew training, airport security and security
Quinn: Overhaul Passenger Screening
Rather than enhancing current passenger screening procedures, the
U.S. must scrap them and implement a comprehensive system of
registered users, one that employs elements of passenger profiling
based on a perceived level of threat, says former Federal Aviation
Administration Chief Counsel Kenneth P. Quinn in an article entitled Security
After Insecurity: A Rational Response to 9/11.
According to Quinn, it is irresponsible and dangerous for the
government to ignore the national origin characteristics of the
terrorists implicated in the attacks of September 11. Similarly, Quinn
asserts, the present system of searching all of the people all of the
time in the same manner with frequent "random" checks wastes
valuable resources by focusing its efforts on individuals who clearly
are not threats.
Quinn maintains that "passenger profiling" is neither
"racial profiling" nor discrimination. Instead, it merely
involves assessing the clear and present threat that terrorism poses
and focusing the nation's resources on eliminating the threat with the
least amount of intrusion to those impacted.
Since September 11, it has become clear that the existing system
was too lax, Quinn suggests. The answer, he urges, entails a
significant overhaul of the current computer-assisted passenger
pre-screening system (CAPPS) and implementation of a state-of-the-art
trusted traveler program or "registered user" system. What
is needed is a focus on clearing the "good guys" and spare
time to focus intensively on the "bad guys." The system
needs to not just be bigger, but smarter, more efficient and more
Insurance, Victims’ Compensation, International Leadership
Additional articles in the latest report for Issues in Aviation
Law and Policy that bear on other aspects of September 11 and the
aviation industry include:
- An examination of the effect of terrorist attacks on the
international aviation insurance market and the efforts under way
to devise a lasting solution through a number of war risk
insurance initiatives under consideration worldwide by William H.
Callaway, Jr., author of CCH Commercial Aircraft Transactions.
- A thorough analysis of the September 11 Victim Compensation Fund
by Kenneth P. Nolan and Jeanne M. O'Grady, two attorneys who
specialize in representing victims of aviation and other disasters
and who have been very active in meeting with the Fund's special
master, with family groups and those directly affected by this
tragedy. Both authors lost relatives and friends at the World
- A review of the potential leadership role of the International
Civil Aviation Organization (ICAO) in security issues as well as
its traditional function of setting international standards and
practices in safety and efficiency, by Ambassador Edward Stimpson,
U.S. Representative to ICAO.
About ISSUES IN AVIATION LAW AND POLICY
First published in April, 2001, Issues in Aviation Law and
Policy is unique in its field, designed to follow evolving trends
in the civil aviation world and make them available to a wider
audience. This semiannual, loose-leaf journal presents articles and
monographs from top policymakers and industry leaders who are uniquely
equipped to provide valuable insights into the issues facing the world
of civil aviation today and tomorrow. Issues in Aviation Law and
Policy is written for the boardroom, hearing room, meeting room,
think tank and legislature.
Availability and Pricing
For more information or to subscribe to Issues in Aviation Law
and Policy, call CCH at 1-800-248-3248 or visit the CCH
Online Store at onlinestore.cch.com.
Price for a one-year subscription is $220 and includes all articles
published to date with semiannual updating.
About CCH INCORPORATED
CCH INCORPORATED, headquartered in Riverwoods, Ill., was
founded in 1913 and has served four generations of business
professionals and their clients. The company produces more than 700
electronic and print products for the tax, legal, securities,
insurance, human resources, health care and small business markets.
CCH is a wholly owned subsidiary of Wolters Kluwer U.S. The CCH web
site can be accessed at cch.com.
The CCH business and finance group web site can be accessed at business.cch.com.
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EDITORS NOTE: For members of the press, a complimentary review copy
of Issues in Aviation Law and Policy is available by
contacting Leslie Bonacum at 847-267-7153 or firstname.lastname@example.org.