US Aviation Security: Regulations and Agencies

Posted on Feb 7, 2025 in Architecture

US Responses to Unlawful Acts in Aviation

Brief History of US Bureaucratic Responses to Threats

  • 1961: Air Marshal program initiated.
  • 1971: FAR Part 107 (Airport Security) created.
  • 1971 & 1974: Anti-Hijacking laws passed.
  • 1978: Act to Combat Terrorism.
  • 1990: Aviation Security Improvement Act.
  • 1996: White House Commission on Aviation Safety and Security.
  • 1996: Aviation Security and Antiterrorism Act.
  • 2000: Airport Security Improvement Act.
  • 2001: Aviation and Transportation Security Act (ATSA).
  • 2002: Homeland Security Act.
  • 2003: “Vision 100” Reauthorization Act.
  • 2004: National Intelligence Act.

Post-9/11 Specific Response Actions (Per ATSA-2001)

  • Creation of the Transportation Security Agency (TSA):
    • Separated from the FAA to distinguish “promotion” from “security.”
  • Federal assumption of most screening duties by TSA:
    • Previously an airline responsibility under FAA, often with civilian contractors.
    • Goal: Improved training, standardization, and motivation.
  • Creation of Federal Security Directors:
    • Chiefs of federal security at commercial service airports.
  • Revitalization of the Air Marshal program:
    • Expanded numbers, enhanced training, broader coverage.
  • Comprehensive criminal history record checks (CHRC) for airport duties via the FBI.
  • Comprehensive screening of aviation employees.
  • Required baggage screening by either:
    • EDS (Explosive Detection System)
    • ETD (Explosive Trace Detection)
    • Canines
    • Passenger-bag match
    • Physical search
  • Required development of air cargo screening procedures.
  • Research to screen for chemical and biological weapons.
  • Hardening of cockpit doors and secondary barriers.
  • Evolution of the Advanced Passenger Information System (APIS), including:
    • Passenger advanced information
    • Crew Vetting Program (CVP)
    • Master Crew List (MCL)
    • Flight Crew Manifest (FCM)
  • Large (over 12,500 lbs) general aviation airplane security rules:
    • To address the possibility that non-airliners might be used in attacks.

Post-9/11 Specific Response Actions (Per Homeland Security Act-2002)

  • Established the Department of Homeland Security (DHS).
  • DHS consolidated 21 agencies with security responsibilities, including:
    • TSA
    • US Coast Guard
    • Federal Emergency Management Agency (FEMA)
    • FBI cyber infrastructure protection center
    • Federal Protective Service
    • Immigration and Customs Enforcement (ICE)
    • Customs and Border Protection (CBP)
  • Established the Federal Flight Deck Officer (FFDO) Program.
  • Required research and development of anti-terrorism technologies.
  • Required regulations for the protection of Sensitive Security Information (SSI).

US Agencies and Positions with Major Aviation Security Roles

  • North American Air Defense Command (NORAD)
  • Department of Homeland Security (DHS)
  • Transportation Security Administration (TSA)*
  • Immigration and Customs Enforcement (ICE)
  • Customs and Border Protection (CBP)*
  • Federal Security Director*
  • Federal Air Marshals*
  • Federal Bureau of Investigation (FBI)*
  • Local law enforcement agencies*

*Indicates items that will be discussed in more detail later.

Transportation Security Administration (TSA) Programs

  • Airline screening—TSA + special programs
  • Federal Air Marshal Program*
  • National Explosives Detection Canine Program
  • Training and certification of Federal Flight Deck Officers*
  • Crew Member Self-Defense Program
  • Armed Security Officers Program
  • Office of Training and Development for CBRNE (Chemical, Biological, Radiological, Nuclear, and Explosives)

Customs and Border Protection (CBP)

  • Enforcement oriented.
  • Staff customs and immigration checkpoints.
  • Perform all “FIS” functions:
    • Immigration
    • Customs
    • Plant and animal health inspections
  • Manage the Advance Passenger Information System (APIS), requiring aircraft operators to submit passenger manifests and other information before landing.
  • Presence at both commercial service and general aviation airports.

Advance Passenger Information System (APIS)

  • System for identifying and checking passengers before arrival on international flights.
  • Electronic submission prior to departure.
  • Manifest of all passengers and crew.
  • Data required: Name, Date of Birth, Gender, Passport information, etc.
  • The US can deny entry of aircraft into US airspace prior to landing.

Federal Security Director (FSD)

  • TSA employee responsible for one or more airports.
  • Responsible for daily operations of all federal security personnel at assigned airport:
    • Security and screening standards
    • Passenger, baggage, and cargo screening
    • Managing airport security risk assessments
    • Maintaining security equipment and technologies
    • Providing crisis management
    • Protecting federal security data and communications networks
    • Conducting security awareness training
    • Coordinating federal, state, and local law enforcement and emergency services
  • Assistant FSDs (AFSD) for Compliance, Operations, Law Enforcement, and Business Management.

Assistant FSDs (AFSD)

  • An FSD will have 3 or 4 Assistant FSDs (AFSD), depending upon the size and scope of activities at their assigned airport(s).
  • All FSDs will have the following AFSDs:
    • AFSD-Compliance
    • AFSD-Operations
    • AFSD-Business Management
  • FSDs at certain large airports with extensive local law enforcement interfaces will also have an AFSD-Law Enforcement.
  • FSDs with multiple airports may have an additional ASD to deal with subordinate airports.

AFSD-Compliance

  • Regulatory compliance officers who audit airport and airline security programs.
  • Primary direction comes from TSA headquarters.
  • Typical responsibilities:
    • Inspecting and auditing security programs
    • Investigating security violations
    • Conducting air cargo inspections
    • Assisting carriers with regulatory compliance
    • Indirect air carrier security inspections
    • Foreign airport security program inspections and audits

Federal Air Marshals (FAM)

  • Mission: To detect, deter, and defeat hostile acts against US air carriers, airports, crews, and passengers.
  • Several thousand, but the exact number is classified.
  • Undercover.
  • Armed and authorized to use deadly force.
  • Focus on high-risk flights based on intelligence.
  • The FAM force is supplemented by armed officers of other federal agencies (e.g., FBI, Federal Marshals, Secret Service).

Federal Flight Deck Officers (FFDO)

  • Mission: To protect the cockpit from criminal or terrorist activity.
  • Volunteer flight deck officers.
  • Trained by TSA, armed, and authorized to use deadly force.
  • Duties are restricted by regulation to the cockpit.
  • A given flight may or may not have one or more FFDOs.

Federal Bureau of Investigation (FBI)

  • One element of the mission is to protect the US against foreign and terrorist threats.
  • Investigates all cases of destruction of US commercial aircraft.
  • Participates in foreign investigations of terrorist incidents.
  • Has legal jurisdiction over US aviation security incidents.
  • Has an agent coordinating security and intelligence at each commercial airport.
  • FBI special resources:
    • Joint Terrorism Task Force
    • Critical Incident Response Group
    • Crisis Negotiations Unit
    • Strategic Information Operations Center
    • Hostage Rescue Team

Local Law Enforcement (LLE)

  • Major city police have their own intelligence and anti-terror teams.
  • LLE are valuable because of local knowledge and commitment.
  • LLE agencies share information with the FBI via the JTTF (Joint Terrorism Task Force).
  • TSRs (Transportation Security Regulations) require LLE support of security programs.
  • LLE support may be on-site or immediately available.
  • LLEO (Law Enforcement Officer) requirements:
    • Have arrest authority.
    • Be identifiable by badges, uniforms, etc.
    • Armed with a firearm and authorized to use deadly force.
    • Be a “certificated” law enforcement officer (CLEO).
    • Airports must maintain CLEO training records.

US Aviation Security Regulations: TSR 1500 Series

  • Part 1500: General terms and abbreviations.
  • Part 1503: Enforcement Actions.
  • Part 1510: Passenger Security Service Fees.
  • Part 1520: Sensitive Security Information.
  • Part 1540: Civil Aviation Security General Rules.
  • Part 1542: Airport Security.
  • Part 1544: Air Carrier (Domestic) Security.
  • Part 1546: Foreign Air Carrier Security.
  • Part 1548: Indirect Air Carrier Security.
  • Part 1549: Certified Cargo Screening Program.
  • Part 1550: General Aviation Operations.
  • Part 1552: Flight School Security.
  • Part 1544 Draft: Aircraft Repair Station Security.

We will discuss highlighted regulations in more detail.

TSR Part 1540: General Rules of Security

  • Requires:
    • Individual accountability for compliance with security regulations.
    • Traveler and employee compliance with security regulations.
    • Traveler and employee screening before sterile area entry.
  • Prohibits:
    • Falsification of applications or records.
    • Tampering with security systems.
    • Falsifying any identity medium.
    • “Testing” the security system without TSA authority.
    • Entering security areas without proper authority.
    • Having a prohibited item once screening begins.
    • Assaulting, threatening, or intimidating persons with security duties.
  • Authorizes:
    • TSA agents to examine (but NOT take) airman certificates.

TSR Part 1520: Sensitive Security Information (SSI)

  • Addresses use, dissemination, control, and disposition of SSI.
  • What is SSI? Major examples:
    • Security programs (airports, airlines, tenant activities)
    • TSA security directives
    • TSA information circulars
    • Security measures
    • Security screening information
    • Security equipment technical specifications
    • Critical infrastructure information
    • Vulnerability assessments
    • Certain records
  • All SSI is limited to “need to know”—Non-Disclosure Agreements are required.
  • Must be stored and destroyed in accordance with regulations.

TSR Part 1503: Enforcement Actions

  • Addresses “enforcement” and case prosecution processes.
  • Establishes a hierarchy of penalties for each type of party per incident:
    • Individuals: $250-$11,000+
    • Airport operators: $1,000-$11,000
    • Aircraft operator: $2,500-$27,500
    • Cargo agents: $1,000-$11,000
  • Aggravating or mitigating factors are considered in penalty assignment:
    • Potential risk to security
    • Nature of violation (inadvertent, negligence, deliberate)
    • Subject’s history of violations
    • Subject’s level of experience, age, demeanor, attitude

Intelligence

Five steps in the development of “intelligence”:

  1. Planning and direction
  2. Collection
  3. Processing and collation
  4. Analysis and production
  5. Dissemination

Goal: To improve decision-making and hinder threat abilities.

Intelligence and Intervention

  • DHS manages and integrates aviation security intelligence and intervention strategies.
  • Information and intelligence should flow from:
    • Foreign governments
    • Central Intelligence Agency
    • Defense Intelligence Agency
    • State Department Intelligence Service
    • Federal Bureau of Investigation
    • State and local law enforcement agencies
  • Purpose: To share information and “connect the dots.”
  • Basis for “proactive” and “pre-emptive” action.

“Fusion” Centers

  • Operated by state and local governments in the USA, with Federal liaison and input.
  • Integrate all “local” agencies with a role in counterterrorism.
  • Facilitate and empower local agencies in intelligence matters, intervention, prevention, and protection from terroristic activities.
  • Receive deployed federal staff, training, technical assistance, and avenues of logistical support.
  • Important to note: “Local” forces are key to antiterrorism.