On January 27, 2004, former FAA Administrator Jane Garvey testified before the

National Commission on Terrorist Attacks upon the United States. Commissioner Slade
Gorton asked Ms. Garvey why civil penalties against the airlines for violations of the
FAA's regulations governing civil aviation security were reduced to 10 cents on the
dollar from what was originally proposed. When Ms. Garvey questioned whether that
figure was correct, Mr. Gorton stated that he would appreciate a written response to the
question later.

Civil penalties in security cases against airlines were not reduced to 10% of what was
initially sought. For enforcement cases closed during the period from October 1, 1995
through September 30, 2001, the FAA initially sought $58,568,336, and finally imposed
$30,713,027 or 52.44%.1 This information was obtained from the FAA's Enforcement
Information System.

Enforcement cases were resolved for penalties lower than originally sought for a variety
of reasons. Some cases were litigated and the penalties were lowered during the appeals
process. In other cases, the air carriers presented exonerating or mitigating evidence to
the FAA that resulted in penalty reductions.