DHS Secretary Napolitano Attends Meeting to Discuss International Aviation Security Standards

Department of Homeland Security (DHS) Secretary Janet Napolitano this week met with members of the International Air Transport Association (IATA) as well as leaders from twenty international airlines to discuss improvements in international aviation security. Secretary Napolitano outlined four general areas in which international public-private collaboration would help improve efforts to secure aviation systems: improving information collection and analysis; increasing information sharing and collaboration in passenger vetting; enhancing international aviation security standards; and deploying new airport screening technologies.

This week's meetings are the first in a series of planned global meetings to discuss a collaborative effort to implement new international aviation security standards and procedures. While the U.S. Transportation Security Administration (TSA) must, by law, screen passengers and baggage entering air vessels originating from within the United States, it does not screen passengers or baggage originating abroad. All last point of departure flights to the United States must meet minimum standards set by the International Civil Aviation Organization (ICAO), as well as recently enhanced security standards set by TSA. The recent global meetings are an effort to streamline international aviation security standards for all international and domestic flights.

Annual TSA Enforcement Action Summary Released

The Transportation Security Administration (TSA) on Monday published a notice in the Federal Register that they are making available, in accordance with 49 USC 114(v), a summary of enforcement actions it has taken in 2009 (through December 15th). According to the notice, these enforcement actions were “for violations of any surface transportation requirements under 49 U.S.C. and for any violations of chapter 701 of title 46 of the U.S. Code.” A complete summary of enforcement actions for all of 2009 will be made available in January.

The enforcement actions summary lists seven cases total, two of which relate to railcar chain of custody measures (49 CFR 1580.107(e)) and five of which relate to the Transportation Worker Identification Credential program (49 CFR 1570). TSA imposed no fine in any of the seven cases, issuing instead warnings. The provisions of 49 U.S.C. 114(v) would have permitted TSA to levy a civil penalty of up to $10,000 in each of the cases listed.

House Passes Rail and Mass Transit Security Resolution

The U.S. House of Representatives on Thursday passed H.Res. 28, enhancing security of the nation's rail and mass transit systems, in a 417-3 vote. The resolution, sponsored by Rep. Jackson-Lee (D-TX), would allow the Transportation Security Administration (TSA) to enhance security measures at the nation's rail and mass transit lines, under Congressional mandate provided by the Implementing Recommendations of the 9/11 Commission Act of 2007. H.Res. 28 mandates TSA to:

• Continue to enhance security to the nation's rail and mass transit systems and other surface transportation modes;
• Continue developing TSA's National Explosives Detection Canine Team Program, which has effectively secured the nation's rail and mass transit systems from explosives threats; and
• Enhance online training programs to ensure that individuals responsible for securing surface transportation systems are highly trained to prevent and respond to potential terrorist attacks.

In June, the House passed H.R. 2200, the Transportation Security Administration Authorization Act of 2009, which authorizes TSA to implement security over the nation's rail and mass transit systems. That measure has been referred to the Senate Committee on Commerce, Science, and Transportation, and is awaiting Senate action.

TSA Proposes Aircraft Repair Station Security Rule

The Transportation Security Administration (TSA) on Wednesday published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would effect security regulations for domestic and foreign aircraft repair stations, as required by the Vision 100-Century of Aviation Reauthorization Act. The NPRM, published at 74 Fed. Reg. 59874-90, would amend 49 CFR Part 1520 and add new Part 1554, to establish security requirements for aircraft repair stations certified by the Federal Aviation Administration (FAA).

The FAA currently implements extensive safety requirements for both domestic and foreign aircraft repair stations. However, TSA recognizes the distinction between safety and security, and stated in its NPRM on Wednesday that:

supplementing [FAA's] requirements with specific security measures for both foreign and domestic repair stations would further reduce the likelihood that terrorists would be able to gain access to aircraft under repair . . . the importance of requiring all aircraft repair stations to have measures in place to prevent persons from commandeering, tampering, or sabotaging aircraft has increased . . Enhancement of repair station security will mitigate the potential threat that an aircraft could be used as a weapon or that an aircraft could be destroyed.

Among other things, the proposed rule would:

• Require repair stations to adopt and carry out a "standard security program" issued by TSA;
• Require each security program to describe specific measures being implemented to 1) identify individuals with authorized access to the repair station, aircraft, and aircraft components; 2) control access to the repair station, aircraft, and aircraft components; 3) use escort measures for authorized visitors; 4) provide security awareness training to all employees; 5) verify employee background information; and 6) designate a security coordinator;
• Require repair stations to allow TSA and DHS officials to enter, inspect, audit, and test property, facilities, and records relevant to repair stations; and
• Amend 49 CFR Part 1520 to include repair station security programs as Sensitive Security Information (SSI).

The proposed rule would exempt repair stations operating on a Federal government facility, and would require different security measures for repair stations located on or adjacent to airports from those located at off-airport locations. In order to conduct a security assessment prior to implementing the standard security program, TSA would require each regulated repair station to provide assessment information, including location information and employee number and aircraft access information.

TSA solicits comments to the NPRM, which must be submitted by January 19, 2010. Comments should be identified by Docket No. TSA-2004-17131, and may be submitted electronically using the Federal eRulemaking portal.

Senate Homeland Security Committee Considers New TSA Administrator

The Senate Committee on Homeland Security and Governmental Affairs on Tuesday considered the nomination of Erroll Southers as the next Administrator of the Transportation Security Administration (TSA). Southers, who currently serves as Assistant Chief of Homeland Security and Intelligence at Los Angeles World Airports, would replace current Acting Administrator Gale Rossides. On Tuesday, Senator Joe Lieberman (ID-Conn.) recognized the improvements TSA has made since the September 11 attacks to strengthen security at airports, but commented on the need for TSA to "make more progress on increasing the security of other forms of transportation, particularly for mass transit and railways." Lieberman praised the nomination of Southers, noting his nearly three decades of experience working in public safety, homeland security, and intelligence.

The Committee on Tuesday also considered the nomination of Daniel Gordon as Administrator of the Office of Federal Procurement Policy (OFPP) at the Office of Management and Budget (OMB).