Security Policy Alert: Summary of TSA's Monthly Conference Call for Airport Stakeholders

March 5, 2020

This afternoon, TSA held its monthly conference call for airport stakeholders. The conference call was led by Alan Paterno, TSA's Airport Industry Engagement Manager in the office of Plans, Policy and Engagement (PPE). Paterno took the opportunity to introduce the newly named Section Chief for Airports Policy Savanah Harbaugh. Ms. Harbaugh has been working with TSA since 2012, first as a contractor and then as a full-time employee since 2014. Throughout her tenure, she has worked closely with airports, including a brief stint as Acting Section Chief in 2018 and supporting the Quarterly Airport Security Review. She officially begins her new role on Monday.

Real Time Wait Time

Section 1922 of the TSA Modernization Act requires TSA to collect and display real-time wait time at checkpoints at all airports by April 2020. Jessie Fiebig from TSA's Innovation Task Force under Requirements and Capabilities Analysis is the Real Time Wait Time Program Manager and provided an update on TSA's efforts to meet this mandate. Last spring, TSA began collecting market research regarding wait time measurements and the systems that are already in place at various airports. TSA followed up with two proof of concept demonstrations under the ITF's Broad Agency Announcement last summer. One proof of concept focused on an airport-level collection and display of wait times. The other focused on feeding wait time data to the Airport Operations Center (AOC) at TSA headquarters. TSA is currently conducting a demonstration at Chicago's O'Hare as a proof of concept to connect wait time collection systems directly to display capabilities. A wait time collection system is also in place at TSA's experimental checkpoint at Las Vegas International Airport.

TSA is working with its Offices of Chief Counsel and Legislative Affairs to finalize standards to meet the wait time requirement, including performance, security and privacy standards. Once the standards are finalized, which is expected soon, TSA will brief Congress on potential next steps, including funding requests to support the requirement. However, it is certain that full deployment of a wait time collection and display system will not be in place by the Congressional deadline specified in the TSA Modernization Act.

Outcome Focused Compliance Action Plan Program Review

Craig Lyons, Executive Director for Compliance, reported on the Outcome Focused Compliance Action Plan Program review held with industry on February 25, 2020. The review was the first of three prescribed by the Action Plan Program, which went into effect on August 26, 2019. AAAE, along with representatives from several regulated entities such as airport operators, air carriers, flight schools, cargo carriers, and cargo handlers, participated in the review. TSA's Compliance Advisory Board, Assistant Federal Security Directors for Inspections and Regional Managers also participated in the review.

TSA reported that there are approximately 140 action plans in place that have resulted in $2 million in security investment. If each of the action plans had instead resulted in civil penalties, TSA would have collected $1.6 million for the general treasury. TSA is highlighting the security return on investment as a key success metric demonstrating that Outcome Focused Compliance is producing better security, faster. Based on feedback provided during the review session, TSA realizes that the security investment metric is just one factor to consider and are now considering other metrics for success, such as the number of trainings and updated procedures. TSA is also conducting refresher training for all inspectors on Outcome Focused Compliance and the Action Plan Program, stressing the voluntary nature of action plans which are agreements between TSA and the regulated entity.

As part of the review, TSA is considering including standard language regarding the Action Plan process in each Letter of Investigation. AAAE has raised concerns about this proposal, which is still under consideration. TSA has promised to share proposed language with AAAE and industry for review and comment and to continue to consider internal and external feedback on the proposal.

The TSA presentation used to guide discussion during the February 25 review session has been posted on HSIN. You can also find it here. The second review of the Action Plan program will be held in August or September.

Safe Skies Update

Jessica Grizzle from Safe Skies' Program for Applied Research in Airport Security (PARAS) provided an update on several pending reports. PARAS0019 Employee/Vendor Physical Inspection Program Guidance is expected to be published on Friday (Monday at the latest). The guidance focuses on operational considerations for physical inspections of employees and vendors, including lessons learned and best practices.

There are also several on-going projects where the contracted research teams may be reaching out to airports for information to guide the research, including: PARAS0023 Exit Lane Strategies and Technology Applications; PARAS0024 Consolidated Receiving and Distribution Facilities (especially airports that have such facilities): PARAS0025 Security Regulatory Compliance at Tenant Facilities; and, PARAS0027 Guidance for Root Cause Analysis in Aviation Security (which is intended to help airports navigate the Outcome Focused Compliance action plan process).

Rap Back

There are currently 200 airports and 6 air carriers participating in the Rap Back program. TSA is adjudicating the comments received on the proposed ASP amendment to make the Rap Back program mandatory for airport operators (as well as the program changes to make the program mandatory for air carriers and full all-cargo air carriers).

On a related policy note, a proposed ASP amendment regarding the national database for revoked SIDA badges will likely be issued for notice and comments within the next two to three weeks.

CBP eBadge Trusted Worker Programs

As AAAE reported last week (see Alert), TSA will be ready to support the U.S. Customs and Border Protection eBadge Trusted Worker Programs on March 25, 2020. Testing is on-going with CBP and the Designated Aviation Channlers (DAC)so that date may change. In addition, March 25 is the date that the functionality will be in place at TSA. Airport operators will need to work with their CBP Port Director, DAC, and Identity Management System (IDMS) provider if appliable to implement the program. The program, which is voluntary, is available at 73 airports with Federal Inspection Service (FIS) areas; see here for a list of eligible airports.

AAAE has long advocated for this functionality as eBadge is intended to help minimize duplicate fingerprint submissions for airport badgeholders that require access to CBP controlled Federal Inspection Services (FIS) restricted areas at select airports. However, in response to questions on the call today, it is unclear if CBP hard copy forms (such as Form 3078) will still be required. TSA encouraged airports to work with their CBP Port Director. Port Directors will also determine airport participation in the voluntary program. TSA also indicated that the CBP seal process will not change and CBP will inform the airport operator when a FIS seal request has been approved or denied.

PreCheck

TSA reported that, as of March 1, there are 10 million passengers enrolled in the PreCheck program and it has surpassed the Global Entry program in the number of active members. In 2020, TSA is averaging over 9,700 new enrollments per day. Renewals are also continuing at a steady pace, with 72 percent of members renewing. TSA also continues to host mobile enrollment events across the country.

UAS

For awareness, TSA's Office of Intelligence highlighted several recent (December to February) UAS incidents at airports across the country that included UAS sightings on airport and on active runways. Intelligence shared the information to raise awareness of the growing threat from unauthorized UAS but was not able to address several of the follow-up questions regarding local law enforcement response and technology. TSA plans to have UAS subject matter experts available on the next call.

Next TSA Conference Call

The next TSA monthly conference call for airport stakeholders is scheduled for Thursday, April 2, 2020 at 1 p.m. ET.