BACKGROUND
Airports want to create a travel environment that is efficient and responsive to passengers' needs without compromising security. Airport operators share responsibility for the ever-evolving security requirements with federal and local agencies. Security practices should be designed with individuals’ rights in mind, but finding a balance between safety and security and individuals’ rights can be a challenge. These challenges encompass all passengers, visitors, and airport workers subject to security protocols.
Airports are confronted with a multifaceted framework of requirements related to security, such as constitutional and civil rights and privacy, and new requirements and technology add complexity. Research is needed to support airports to understand their legal responsibilities, the potential risks, and the implications for airport operations, passengers, and stakeholders.
OBJECTIVE
The objective of the research is to examine public facing airport security measures and help airports understand the legal requirements and liabilities arising from airport security. The final report should: (1) provide stakeholders with the current legal and regulatory airport security requirements; (2) identify the parties responsible (e.g., airport operator, federal agency, etc.); and (3) identify additional practices undertaken by airports that are not required by current legal and regulatory airport security requirements. The report should identify and analyze the risks or exposures that may arise in the context of these requirements and practices. The report should identify and analyze novel legal issues involved with anticipated or proposed airport security measures.
The research should supplement ACRP Legal Research Digest 27: The Fourth Amendment and Airports to include relevant cases decided after that publication.
RESEARCH IMPLEMENTATION
This research will be conducted in two phases and five tasks in a firm fixed-price agreement. At the conclusion of Phase I, ACRP will make a determination whether to proceed with Phase II. The tasks will be as follows.
Phase I
Task 1a. Kickoff call. Participate in a call with the panel to discuss the scope of work.
Task 1b. Conduct background research and collect relevant material. Based on the initial complete review of the source materials, submit a detailed report outline. The outline should contain sufficient detail to describe what a report of appropriate length will contain. This outline should also contain the estimated pagination for each proposed section and/or subsection. This material will be submitted for ACRP consideration and approval. Participate in a conference call with the ACRP panel 3 weeks after submitting the outline.
Phase II
Task 2. After ACRP approval of the detailed outline, conduct additional research and case and statutory/regulatory analysis. Collect additional primary data to the extent necessary.
Task 3. Submit an initial draft report in accordance with the approved outline (including any modifications required by ACRP). Participate in a conference call with the ACRP panel 3 weeks after submitting the initial draft report.
Task 4. Revise the initial draft report as necessary and provide a marked-up and clean version of the draft final report.
Task 5. ACRP will provide the written comments, each of which will need a point-by-point response. The report will be revised as appropriate and submitted as a final report.
FUNDING: $75,000
25% paid upon submission and approval of the Task 1 outline
50% paid upon submission and approval of the Task 3 report
25% paid upon submission and approval of the Task 4 final report
STATUS: Proposals have been received in response to the RFP. The project panel will meet to select a contractor to perform the work.
