Security Policy Alert: TSA Issues SD to Enforce Face Mask Requirements

January 31, 2021

Following the release late Friday of a Centers for Disease Control and Prevention (CDC) order requiring individuals to wear masks while on conveyances and at transportation hubs (see AAAE Airport Alert for additional details), TSA has just issued a Security Directive (SD) requiring airports to enforce the mask mandate. Security Directive 1542-21-01 Security Measures '“Mask Requirements '“ is effective as of Monday, February 1 at 11:59 p.m. ET and will expire in 100 days on May 11, 2021.

The Security Directive mirrors much of the language in the CDC order regarding definitions and exemptions for mask requirements. The SD requires airport operators to:

Provide individuals with prominent and adequate notice to facilitate awareness of and compliance with requirements to wear a mask.
Notify individuals that federal law requires wearing a face mask at all times in and on the airport and failure to comply may result in removal and denial of re-entry and that individuals may also be subject to criminal or civil penalties, or both, for refusing to wear a face mask in or on the airport.
Require individuals in or on an airport to wear a face mask (unless exempted or otherwise delineated in the SD and CDC order).
Ensure direct employees of the airport, authorized representatives, tenants and vendors wear a mask at all times unless they are specifically exempted (as outlined in the SD).
Ask individuals not wearing a mask to put a mask on. If an individual does not comply, airport operators must escort the individual from the airport.
Follow incident reporting procedures in the Airport Security Program and report any individuals refusing to comply with face mask requirements.
Widely disseminate the SD and its provisions regarding face masks requirements. Airports operators must immediately share the SD with any personnel having responsibilities in implementing the SD provisions.

The SD is not considered Sensitive Security Information and may be widely distributed. In fact, the SD includes language that, in addition to meeting requirements to immediately share this information with any personnel responsible for implementing its provisions, the airport operator may share the SD with those subject to the face mask requirements, including federal, state, and local government personnel, direct airport employees or authorized representatives, vendors, tenants, exclusive area agreement holders, contractors, transport personnel, taxi drivers, and law enforcement, etc.

Given the broad scope of the SD provisions covering all individuals 'œin and on the airport' and the fact that TSA chose not to mirror the language in the CDC order that transportation hub operators 'œuse their best efforts' throughout the SD to ensure individuals wear masks, AAAE has raised concerns with TSA senior leadership '“ including Acting DHS Secretary David Pekoske who is expected to return to his role as TSA Administrator this week '“ about TSA enforcement of airport operators'™ compliance with the SD. TSA has informed AAAE that it expects airport operators to focus on public areas with large gatherings of people. Also, TSA has directed Federal Security Directors to work with airport operators and other stakeholders at the local level to meet the mask compliance objective, including consideration of alternate measures. For its part, TSA will not screen any individuals not wearing a mask unless those individuals are specifically exempted from the face mask requirements.

TSA will host its monthly conference call for airport stakeholders on Thursday, February 4. AAAE has requested TSA leadership participate on the call to review the SD and outline the agency'™s approach to airport operator compliance with the directive.

Following are links to resources related to the SD and the face mask requirement:

Promoting COVID-19 Safety in Domestic and International Travel Executive Order
CDC Order on Requirements for Persons to Wear Masks while on Conveyances and at Transportation Hubs
DHS Determination of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System

In the meantime, as always, please do not hesitate to contact us if you have any questions or need additional information.