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

April 2, 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). Due to COVID-19 and the TSA Plans, Policy and Engagement staff working remotely, TSA did not take questions from airports on the call. Rather, TSA answered questions that were previously submitted to the agency by AAAE, airports and other aviation associations. TSA encouraged airports to submit questions to the airportspolicy@tsa.dhs.gov e-mail address which is being actively monitored by the PPE Airports staff. TSA will also be posting a Frequently Asked Questions document on HSIN after the agency is able to polish the document and refine the answers to several of the questions submitted before the call today.

Janitorial Services Reimbursement

As AAAE has previously reported, the recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act included $100 million for TSA to spend, in part, on cleaning and sanitation at checkpoints and airport common areas. TSA reported today that this supplemental request for funding was not intended to reinstate any expired Other Transactional Agreements (OTAs) or extend any expiring OTAs for janitorial services. As a reminder, as part of its fiscal year 2020 budget request to Congress, TSA proposed eliminating payments to airports for janitorial services at security checkpoints and, as a result, Congress did not provide funding for this activity. Due to the elimination of funding, TSA is not renewing OTAs for janitorial services.

TSA appeared to indicate on the call that the supplemental funding provided under the CARES Act may be provided to airports that still have janitorial services OTAs in place today. TSA is also looking at other options for unused cleaning and sanitation funding under the CARES Act.

AAAE asked for further clarification on how TSA plans to distribute the cleaning and sanitation funding as many airports have already invested in enhanced cleaning measures to CDC standards at security checkpoints and airport common areas. These airports that have already enhanced cleaning services may or may not still have existing OTAs in place. AAAE has been working closely with TSA senior leadership on how the agency plans to distribute the funding and possibly reimburse airports for their enhanced cleaning measures, including AAAE President and CEO Todd Hauptli discussing the issue with TSA Administrator David Pekoske earlier this week. We will keep you updated as we learn more from TSA and get clarification to the response provided on the call.

Plans, Policy and Engagement Update

Vera Adams, Executive Director for Aviation, provided an update on the overall efforts of the TSA PPE team during the COVID-19 crisis. The entire PPE Aviation team is teleworking. Ms. Adams provided her e-mail and cell phone number for airports to contact her during this time and she is happy to provide contact information for anyone on her team. She also encouraged the use of the airportspolicy@tsa.dhs.gov e-mail address.

PPE Aviation has been focused on developing and implementing alternative measures for both airport operators and air carriers in response to COVID-19 related issues. TSA most recently issued an airline alternative measure related to expired driver's licenses and state issued identification and deferral of certain training requirements. Adams stressed that TSA understands the sense of urgency related to each requested alternative measure but that the agency must carefully weigh all consequences and downstream impacts of any alternative measures. The agency is doing all that it can to expedite the process, including delegation of authority to the Executive Assistant Administrator level for signature on alternative measures. TSA is also carefully examining if an alternative measure or exemption is even needed in some cases based on policy interpretation and flexibility. There is an added complication that the Office of Management and Budget may need to review and approve any COVID-19 related policy.

National Alternative Measure 1542-20-03 and related regulatory issues

On March 26, TSA issued National Alternative Measure 1542-20-03, which was effective as of March 26, expires on July 24, 2020 and supersedes any Alternative Measures numbered either AM 1542-20-01 or AM 1542-20-02. The national AM provides regulatory relief for several requirements in the Security Directive 1542-04-08 series and Security Directive 1542-18-01, specifically regarding badge renewals, badge inspections at vehicle gates, and acceptance of expired driver's licenses or other state issued identification for identity verification. The national AM was issued to all airport operators and airports can work with their Federal Security Director to implement the relevant sections as needed at each facility.

TSA continues to work on additional or updated alternative measures and regulatory relief based on requests from airports and AAAE. In particular, TSA is working on guidance related to badges for furloughed or extended leave employees. At this time, in the draft pre-decisional documents being considered within TSA, under the definition of "unaccounted for badges" under ASP NA 19-02 on ID media audits, if badges for furloughed or extended leave employees are secured under lock and key and reported by tenants to airport authorities, the badges would be considered accounted for. At this time, TSA is not considering any change to the 5% unaccountability requirements under TSA NA 19-02 but did note that TSA NA 19-02 allows audits to begin at any time during the calendar year 2020, including up to December 31, 2020. As a result, airports could begin their audit on December 31, 2020 and have six months to complete it, extending the timeframe to June 2021. Craig Lyons and Joe Kris from TSA's Office of Compliance were also on the call and reported that they are working closely with TSA PPE to communicate consistently across the agency and to inspectors in the field on regulatory relief and policy interpretation.

The proposed ASP amendment to implement the revocation database for SIDA badges that have been revoked for security violations has cleared internal review at TSA and is ready for release for notice and comment. TSA had planned to issue the proposed amendment for notice and comment several weeks ago and AAAE urged the agency to postpone its release given the intense focus on COVID-19. TSA is once again considering the timing for release for notice and comment, with potentially a longer comment period. AAAE again urged TSA to hold off on release for notice and comment until a more appropriate time when full attention can be paid to the proposed ASP amendment and its implications.

Frequently Asked Questions

TSA read from the draft Frequently Asked Questions document that it has compiled based on questions submitted by AAAE, airports and other aviation associations. TSA plans to post the completed Frequently Asked Questions document to HSIN in the near future; TSA did note that the FAQ will not be a regulatory document and will be subject to change. In the meantime, here are a few highlights from the questions addressed on the call today:

For security exemptions, if a security measure is outlined in a Security Directive, an alternative measure must be requested through headquarters. For security measures that are outlined in the Airport Security Program, airports can work with their local FSDs on change conditions under 1542.107.
For airports that are not participating in the Rap Back program, the Rap Back related provisions in AM 1542-20-03 do not apply. For non-Rap Back program airports, the renewal process would resume after resumption of operations with the re-submission of the CHRC to meet the recurrent CHRC requirements.
TSA is considering updating the current AM to include relief related to Section VI. F of SD 1542-04-08P related to the initial badging process if badging operations cease or are significantly modified.
The spreadsheet (posted on HSIN with the AM 1542-20-03) must be submitted to TSA's Enrollment Services and Vetting Programs in the exact format as posted. The spreadsheet ensures the perpetual STA and Rap Back vetting continues for the extended badges.
Although a best practice, Rap Back subscriptions do not have to be tied to badge expirations and can be extended outside of the badge expiration.
If an employee's badge is expired and the airport did not maintain a Rap Back subscription for that person, TSA stated that the subscription could be reactivated if it is within the 60-day window under the maintenance, replace transaction option.
Airports should work with their FSDs to modify access control and challenge procedures for expired badges at airports that implement AM 1542-20-03.
Expired passports are NOT allowed to be accepted at this time for identity verification.
For questions related to I-9 work authorizations and expirations, TSA noted that the AM covers all of Section II.D. in SD 1542-04-08P, including Section II.D.8, meaning that the renewal exemptions applies to all current ID media holders. However, when asked for additional clarification by AAAE on the call, TSA promised to follow-up with additional information.
Badges that are under lock and key for furloughed or extended leave employee are not eligible for renewal relief under the current AM.
Random inspections required SD 1542-18-01 remain in effect with no exemptions.
Section C of TSA NA 16-02 for monthly audits of concessionaires is still in effect for concessions that remain open.
TSA is not considering relief for the 10% audit requirement under TSA NA 19-02 at this time.
TSA is open to additional requests for Alternative Measures from airports as long as they are reviewed and approved by the FSD.
The timeframe for tabletop exercises under TSA NA 17-01 is not being extended at this time. However, TSA did note that the timeframe requirement extends to the full calendar year. For example, exercises that were conducted in April 2017 can be conducted again at any time in calendar year 2020 to meet the three-year requirement.

Rap Back Program

There are currently 203 airports actively participating in the Rap Back program with an additional 6 airports preparing to enroll in the program. Seven air carriers currently participate in the program.

TSA's ESVP is seeing only approximately 25% of the number of fingerprint submissions as compared to November 2019.

TSA provided a Rap Back bulletin related to guidance and best practices for Rap Back during periods of reduced or suspended operations. It addresses many of the same questions in TSA's planned Frequently Asked Questions related to AM 1542-20-03 such as timeframes for renewing Rap Back subscriptions, reviewing Rap Back notifications, and cancelling Rap Back subscriptions for terminated employees. Click here to view TSA's Rap Back Bulletin.

CBP eBadge Trusted Worker Program

TSA has successfully completed testing to support the U.S. Customs and Border Protection eBadge Trusted Worker Program.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. This program went live today. More information about the eBadge program can be found here. TSA also provided a frequently asked questions document which can be found here.

Future Lane Experience (FLEx) and Technology Deployment

TSA reported today that the agency has fully implemented the Known Traveler Number only requirement for PreCheck lanes as mandated by the TSA Modernization Act of 2018. In other words, PreCheck lanes can now only be used by travelers with a Known Traveler Number issued by TSA PreCheck or other DHS Trusted Traveler Programs, such as Global Entry. This requirement was met without the need for additional low-risk or "green" lanes as originally envisioned under the Future Lane Experience (FLEx) concept. As a result, TSA does not have to rush the implementation of the green or low-risk screening concept and can focus on later stages of FLEx that envision dynamic and expedited screening based on risk levels.

The Innovation Task Force is not currently conducting any demonstrations in the airport environment at this time given COVID-19. TSA's Requirements and Capabilities Analysis continues to coordinate with Acquisition and Program Management on further technology deployments, recognizing that, while low volumes may provide an opportunity to do some of the work associated with a new technology deployment, the availability of personnel is a challenge.

Next TSA Conference Call

The next TSA monthly conference call for airport stakeholders is scheduled for Thursday, May 7, 2020 at 1 p.m. ET.