Inside World Trade

Aviation security laws already in place, need more oversight

 

By Frances Allday

This past month the news has been filled with articles about airline security. The attempted sabotage of a U.S. airliner by a terrorist has once again caused Americans to assess their government’s ability to prevent such acts. Some have urged the government to put more regulations in place to increase security, but it may be surprising to know many plans and procedures are already in place to protect the country’s air travel.

In 2007, President Bush issued two presidential directives to Homeland Security to establish the National Strategy for Aviation Security. It is a 19-page document that sets U.S. Government agency roles and responsibilities for aviation safety. It included seven supporting plans to address specific threats and challenges in the following areas: aviation transportation system security: aviation operational threat response; aviation transportation system recovery; air domain surveillance and intelligence integration; international aviation threat reduction; domestic outreach; and international outreach.

The directives list a host of governmental entities that have a role to play in aviation security. Among them are the Department of Homeland Security (DHS), the Department of Transportation, the Department of Justice, the Department of Defense, the Department of State and the Office of National Intelligence. These agencies have the responsibility to implement executive orders and statutes enacted by Congress under the National Strategy plans. It is the agencies within these Departments, however, that enforce and regulate the laws within the scope of their assigned mission. For instance, the Transportation Safety Administration (TSA), under the Department of Homeland Security, is responsible for enforcing the screening of boarding passengers.

The International Outreach Plan was established to solicit international support for improving security in the global aviation network. It encompassed both travel and movement of cargo across international borders. The plan says that the U.S. “will seek early dialog with international partners when developing aviation security policy initiatives and will maintain regular contact to discuss implementation, ensure effectiveness and manage security incidents.” The Transportation Affairs Division and embassies within the Department of State are among the agencies assigned to interact with foreign countries to establish procedures for airport security abroad.

Within DHS, the Customs and Border Protection agency (CBP) is responsible for enforcement operations for cross-border movement of persons and cargo by air, land and sea. In regard to aviation security their efforts include international screening of passengers and air cargo destined for the U.S. Any aircraft entering the U.S. must comply with manifest, arrival and entry laws, as well as provide advance passenger information including name record requirements. Under the Immigration Advisory Program (IAP), the CBP uses such data to screen passengers and consult with relevant authorities on whether or not certain passengers should be allowed to board flights destined for the U.S. CBP can also place personnel at foreign ports and airports to work in partnership with foreign governments to improve security.

Obviously aviation security is a complex operation involving many levels of government, some with overlapping duties. When a lapse in security occurs, such as it did recently on a flight, the reaction from the public and politicians is to demand more regulation. But a framework of plans, laws and enforcement has already been established and enhanced over a period of years since 9/11. Most of what needs to be done to fix the flaws in the system now involve improving oversight, management, procedures and communication among the governmental entities charged with the task of preventing terrorism.

 

Frances Allday was a specialist in international trade with the federal government.