Significant Administrative Law Issues in Homeland and National Security 2003 Administrative Law Conference Francine J. Kerner TSA Chief Counsel November 7, 2003 Security remains TSA’s primary concern TSA philosophy is a layered security approach.
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Significant Administrative Law Issues in Homeland and National Security
Francine J. Kerner
TSA Chief Counsel
November 7, 2003
Security remains TSA’s primary concern National Security
Civil Enforcement Philosophy National Security
Perimeter Security Issues National Security
Role of Federal Air Marshals National Security
Passenger Screening - CAPPS II National Security
Registered Traveler National Security
Cargo Screening National Security
Cargo Screening (continued) National Security
Tort Claims National Security
Ownership/Disposal of Passenger Checkpoint Equipment National Security
HAZMAT at the Airport (Continued)
HAZMAT in Checked Baggage (Continued)
LEO Reimbursable Agreements (Continued)
TSA is working closely with the General Aviation Coalition to ensure security mandates are based on threat analysis and risk management. ATSA §§ 114(f) & 132(b).
TSA, in coordination with other Federal agencies, has placed restrictions on the airspace in the National Capital Region, e.g., prohibiting general aviation operations at Reagan National Airport and establishing security measures at three previously unregulated airports. 67 Fed. Reg. 7538.
Temporary flight restrictions over major sporting events and nuclear power plants and the establishment of a database with NRC to track airspace violations relating to nuclear power plants.
New security requirements for operators of charter aircraft weighing more than 12,500 pounds. ATSA § 132(a).
DOJ introduced the Flight Training Candidate Checks Program to conduct checks on aliens seeking U.S. certified training in the operation of large aircraft. ATSA § 113; 49 U.S.C. § 4439.
TSA has partnered with AOPA in mandating all pilots carry identification while operating aircraft and implementing a “neighborhood watch” and hotline to report suspicious activity. In the future, the Civil Air Patrol may assist in security at GA airports.
Launch of a pilot program in cooperation with NBAA to expedite corporate waivers for certain types of operations (e.g., international flights).
Travel Without A Visa (Continued)