TSA Reports on 2015 Enforcement Actions

Yesterday the DHS Transportation Security Administration (TSA) published a notice in the Federal Register (81 FR 9857-9877) outlining the enforcement actions that it took in 2015 under the authority of 49 USC 114(v). That authorizes the TSA to levy civil penalties for violations of surface transportation security regulations under 49 USC (not including airport security) and Chapter 701 of 46 USC (Port Security). Annual reports on enforcement actions are required by §114(v)(7)(A).

Table 1 below summarizes the action taken in 2015.

2015 TSA Surface Enforcement Actions	# of Incidents	Maximum Penalty
		Proposed	Imposed
Rail Car Chain of Custody	1	$18,000	$18,000
Reporting Security Concern	1	$0	$0
Use of another's TWIC	1	$500	$250
Allow another to use TWIC	4	$6,000	$6,000
Direct another to use TWIC	6	$500	$500
Fraudulent Manufacture of TWIC	14	$1,000	$1,000
Total	27	$31,000	$30,750

Table 1 – 2015 TSA Enforcement Actions

Table 2 shows a summary of the number of enforcement actions taken by TSA each year under §114(v) from 2011 thru 2015.

	2011	2012	2013	2014	2015
Did not allow TSA Inspection
Rail Car Chain of Custody	13	18		4	1
Rail Car Security		1	1
Rail Car Location	2	2	5	1
Reporting Security Concern	2	4	2	1	1
Use of another's TWIC	1	1	3		1
Allow another to use TWIC	2				4
Direct the use of another's TWIC					6
Fradulent Manufacture of TWIC	1	1		8	14
Use of an altered TWIC
Total	21	27	11	14	27

Table 2 – TSA Enforcement Actions 2011 thru 2015

The rail security enforcement actions have been dramatically reduced. Whether this is a result in actual improved security or changes in enforcement (a reduction in the number of inspections, for instance) is not possible to tell from this report. Similarly, the report does not really allow the outsider to draw any conclusions about the dramatic increase in TWIC related enforcement actions.