TSA Publishes 2016 Enforcement Report

Earlier this week the DHS Transportation Security Administration (TSA) published a notice in the Federal Register (82 FR 13648-13650) providing information on their surface transportation enforcement activities performed in 2016. This report is an annual requirement from 49 USC 114(v)(7)(A).

This week’s report shows a total of 46 enforcement actions taken last year, an almost 15% increase over the previous year. See Table 1 below for a breakdown of recent enforcement activity.

	2013	2014	2015	2016
Did not allow TSA Inspection
Rail Car Chain of Custody		4	1
Rail Car Security	1
Rail Car Location	5	1
Reporting Security Concern	2	1	1
Use of another’s TWIC	3	8	5	4
Direct the use of another's TWIC			7	3
Fraudulent Manufacture of TWIC			2	5
Use of an altered TWIC			15	34
Total	11	14	31	46

Table 1: TSA Enforcement History

It appears that there has been an increasing emphasis at TSA on Transportation Workers Identification Credential (TWIC) enforcement activities (TWIC is a shared responsibility between the TSA and Coast Guard) and a corresponding decline in enforcing TSA rules on freight rail security under 49 CFR 1580.

The TSA has the option of levying civil penalties to enforce regulations covering the TWIC and freight rail security. Table 2 shows the civil penalties information relating to their 2016 enforcement activities.

2016 TSA Surface Enforcement Actions	# of Incidents	Maximum Penalty
		Proposed	Imposed
Use of another’s TWIC	4	$3,000	Pending
Direct another to use TWIC	3	$2,000	Pending
Fraudulent Manufacture of TWIC	5	$5,000	Pending
Total	12	$37,000	$2,000

Table 2: Civil Penalty Information

There were no penalties proposed for the 34 reported instances of the use of an altered TWIC that TSA reported; warnings were given.

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.