U.S Department of Homeland Security (DHS)

I just returned from a wonderful trip to both Italy and Israel, and I can’t help but compare our Transportation Security Administration (TSA) procedures to that of other countries.  In both Italy and Israel, I did not have to take off my shoes or follow the all too familiar 3-1-1 TSA enforced liquid policy. Yet, on April 2, 2010, Department of Homeland Secretary Napolitano announced another set of security measures that hassle passengers who travel by air.

As you may recall, TSA implemented the 3-1-1 policy in response to the thwarted liquid explosive bomb plot in the United Kingdom in August of 2006. The current TSA 3-1-1 rule for carry-on bags is that liquids and gels must be in a 3.4 ounce (100ml) bottle or less (by volume) , put in a 1 quart-sized, clear, plastic, zip-top bag, and that there is only 1 bag per passenger placed in screening bin. I would really like to know the scientific basis for why 3.4 ounces, and why a 1 quart-sized bag?  Who comes up with this stuff at TSA or DHS? And if it is so necessary to protect the traveling public, why does neither Italy or Israel follow the same rules since they both have far more experience with terrorism than the United States?

I am a customs and international trade lawyer, not a security expert. I don’t pretend to know the difference between a millimeter wave or backscatter body imaging system, I just am not thrilled about taking my shoes off or separating my liquids […]

In my October 5, 2009 post entitled “TSA’s New Air Cargo Screening Rules Have A Serious Flaw,” I commented on the Air Cargo Screening Interim Final Rule, which created the certified cargo screening program (CCSP).   CCSP authorizes companies other than airlines to be approved by the Transportation Security Administration (TSA ) to screen cargo before it is delivered to an airline at the airport to be put in the belly of a passenger plane. As of February 3, 2009, U.S. airlines and foreign air carriers must have screened at least 50% of its cargo transported on passenger aircraft. That number goes up to 100% as of August 3, 2010.  The problem is that even as August 3, 2010 quickly approaches, the TSA, the International Air Cargo Association (TIACA), and other prominent organizations have warned that the air cargo industry needs to do more to be ready.

On February 8-9, 2010, in Miami, Florida, The National Cargo Security Association (www.TNCSA.org) is hosting a Florida Cargo Security Conference. Speakers include managers of TSA’ Air Cargo Division from its national headquarters in Arlington, Virginia, and TSA managers in Florida, the Director of the Air Forwarders Association, nationally renowned security and legal experts, and an FAA Senior Special Agent who enforces dangerous goods compliance.

Be advised that the air cargo screening rule only applies to (1) air cargo, (2) loaded on board an aircraft in the United States. The Rule also does not apply to all-cargo aircraft (freighters).  However,one of the primary differences between now […]

Effective August 20, 2009, the new Transportation Security Administration (TSA) regulations increased the maximum amount of its monetary penalties against aircraft operators and freight forwarders/indirect air carriers (IACs) for violations of the Transportation Security Regulations.  TSA also made significant change to its Investigative and Enforcement Procedures in 49 CFR Part 1503.

Following the tragic events of September 11, 2001, when the United States was attacked by terrorists, the U.S. Congress and President George Bush quickly passed the Aviation and Transportation Security Act of 2001 which created the Transportation Security Administration (TSA). The primary responsibilities of the TSA was to ensure the security of passengers and cargo in air transportation.  Many responsibilities formerly handled by the Federal Aviation Administration (FAA) were transferred to the TSA.  After moving from the U.S. Department of Transportation to the U.S. Department of Homeland Security, as part of the Homeland Security Act of 2002, the TSA had its first Administrator to lead the agency, and moved into its current physical headquarters office in Arlington, Virginia.

In a critical U.S. General Accountability Office report entitled “Aviation Security: Vulnerabilities and Potential Improvements for the Air Cargo System,” dated December 2002, the GAO stated:

U.S. air carriers transport billions of tons of cargo each year in both passenger planes and all-cargo planes. Typically, about one-half of the hull of each passenger aircraft is filled with cargo. As a result, any vulnerabilities in the air cargo security system potentially threaten the entire air transport system.  Numerous government and industry studies have identified vulnerabilities […]