National Academies Press: OpenBook

Models for Law Enforcement at Airports (2020)

Chapter: Chapter 2 - Literature Review

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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
×
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
×
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
×
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Suggested Citation:"Chapter 2 - Literature Review." National Academies of Sciences, Engineering, and Medicine. 2020. Models for Law Enforcement at Airports. Washington, DC: The National Academies Press. doi: 10.17226/25893.
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5 Literature Review The United States relies on safe and efficient air travel to enable commerce and travel both domestically and internationally (Price & Forrest, 2013). Protecting aviation as an economic driver is essential; however, the systems meant to protect aviation can sometimes hinder the substantial efficiencies experienced in the aviation network. Therefore, airport managers and security executives are responsible for finding a narrow balance between providing a safe and secure facility while enabling aviation to promote commerce reliably and efficiently (Price & Forrest, 2013). Achieving this balance requires a complex level of coordination with various emergency response services, including airport law enforcement (Fitchpatrick, Linstrom, & Lonergan, 2016). Diverse articles, publications, and reports document the dimensions of information about law enforcement practices in airports. This synthesis will aggregate, integrate, and expand on the existing varied publications focusing on various dimensions regarding law enforcement in U.S. airports. This chapter will review federal security requirements, relevant major airport obligations, airport security operations, airport size and security classifications, and airport ownership types and will provide an overview of the airport law enforcement models. Airport security is a broad integration of agencies, both public and private, seeking to keep aviation safe for passengers, employees, airlines, property owners, and citizens. Law enforcement officers (LEOs) play an important and specific role in this security mission. Explicitly, LEOs are appointed by some level of government entity and hold statutory authority to carry and use firearms and to arrest and detain individuals (Sweet, 2009). This synthesis evaluates LEOs on and around airport grounds only and does not address LEOs traveling on aircraft. Overview of Title 49 of the Code of Federal Regulations (CFR) Part 1542 Specific sections of the CFR address law enforcement in airports—namely Title 49 (Transportation), Subtitle B (Other Regulations Relating to Transportation), Chapter XII (Transportation Security Administration, Department of Homeland Security), Subchapter C (Civil Aviation Security), Part 1542 (Airport Security), Subpart C (Operations), Sections 1542.201 through 1542.221. Other sections have general applicability to security in airports, but these sections address law enforcement more explicitly. Because these CFR regulations are essential in understanding the role that law enforcement plays in airports and how that law enforcement is regulated and required, they are presented here in their entirety. 49 CFR 1542.215 and 49 CFR 1542.217 most specifically address law enforcement in airports (law enforcement support and law enforcement personnel, respectively). Other sections address related topics, such as the air operations area (AOA) (49 CFR 1542.203), required training C H A P T E R 2

6 Models for Law Enforcement at Airports programs for LEOs (49 CFR 1542.213), and supplementation of law enforcement personnel (49 CFR 1542.219); only the last of these is also replicated in this section. Note that all of the following italicized CFR regulations are quoted directly from the CFR. 49 CFR 1542.215—Law Enforcement Support 49 CFR 1542.215 provides the foundation upon which an airport law enforcement security program is designed and the manner in which the LEOs are stationed. The regulation leaves room for each airport to identify the level of response and number of LEOs required to support its security program. a) In accordance with 1542.217, each airport operator required to have a security program under 1542.103(a) or (b) must provide: 1) Law enforcement personnel in the number and manner adequate to support its security program. 2) Uniformed law enforcement personnel in the number and manner adequate to support each system for screening persons and accessible property required under part 1544 or 1546 of this chapter, except to the extent that TSA provides Federal law enforcement support for the system. b) Each airport required to have a security program under 1542.103(c) must ensure that: 1) Law enforcement personnel are available and committed to respond to an incident in support of a civil aviation security program when requested by an aircraft operator or foreign air carrier that has a security program under part 1544 or 1546 of this chapter. 2) The procedures by which to request law enforcement support are provided to each aircraft operator or foreign air carrier that has a security program under part 1544 or 1546 of this chapter. 49 CFR 1542.217—Law Enforcement Personnel 49 CFR 1542.217 details more specific requirements for LEOs, including the requirements that LEOs have arrest authority, are clearly identified as LEOs by uniforms or insignia, are armed, and are trained as LEOs according to the regulation (state or local) in the airport’s jurisdiction. a) Each airport operator must ensure that law enforcement personnel used to meet the requirements of 1542.215, meet the following qualifications while on duty at the airport— (1) Have arrest authority described in paragraph (b) of this section; (2) Are identifiable by appropriate indicia of authority; (3) Are armed with a firearm and authorized to use it; and (4) Have completed a training program that meets the requirements of paragraphs (c) and (d) of this section. b) Each airport operator must ensure that each individual used to meet the requirements of 1542.215 has the authority to arrest, with or without a warrant, while on duty at the airport for the following violations of the criminal laws of the State and local jurisdictions in which the airport is located— (1) A crime committed in the presence of the individual; and (2) A felony, when the individual has reason to believe that the suspect has committed it. c) The training program required by paragraph (a)(4) of this section must— (1) Meet the training standard for law enforcement officers prescribed by either the State or local jurisdiction in which the airport is located for law enforcement officers performing comparable functions. (2) Specify and require training standards for private law enforcement personnel acceptable to TSA, if the State and local jurisdictions in which the airport is located do not prescribe training standards for private law enforcement personnel that meet the standards in paragraph (a) of this section. (3) Include training in— i) The use of firearms; ii) The courteous and efficient treatment of persons subject to inspection, detention, search, arrest, and other aviation security activities; iii) The responsibilities of law enforcement personnel under the security program; and iv) Any other subject TSA determines is necessary. d) Each airport operator must document the training program required by paragraph (a)(4) of this section and maintain documentation of training at a location specified in the security program until 180 days after the departure or removal of each person providing law enforcement support at the airport.

Literature Review 7 49 CFR 1542.219—Supplementing Law Enforcement Personnel 49 CFR 1542.219 describes the regulatory framework for the TSA reimbursable agreements, which airports can use to request additional TSA personnel on a reimbursable basis. More infor- mation about TSA reimbursable agreements is included in Chapter 10: Supplementing Law Enforcement Personnel. a) When TSA decides, after being notified by an airport operator as prescribed in this section, that not enough qualified State, local, and private law enforcement personnel are available to carry out the require- ments of 1542.215, TSA may authorize the airport operator to use, on a reimbursable basis, personnel employed by TSA, or by another department, agency, or instrumentality of the Government with the consent of the head of the department, agency, or instrumentality to supplement State, local, and private law enforcement personnel. b) Each request for the use of Federal personnel must be submitted to TSA and include the following information: 1) The number of passengers enplaned at the airport during the preceding calendar year and the current calendar year as of the date of the request. 2) The anticipated risk of criminal violence, sabotage, aircraft piracy, and other unlawful interference to civil aviation operations. 3) A copy of that portion of the security program which describes the law enforcement support necessary to comply with 1542.215. 4) The availability of law enforcement personnel who meet the requirements of 1542.217, including a description of the airport operator’s efforts to obtain law enforcement support from State, local, and private agencies and the responses of those agencies. 5) The airport operator’s estimate of the number of Federal personnel needed to supplement available law enforcement personnel and the period of time for which they are needed. 6) A statement acknowledging responsibility for providing reimbursement for the cost of providing Federal personnel. 7) Any other information TSA considers necessary. c) In response to a request submitted in accordance with this section, TSA may authorize, on a reimbursable basis, the use of personnel employed by a Federal agency, with the consent of the head of that agency. Other Federal Safety and Security Regulations Most U.S. airports receive federal grant funding or property grants for airport use. As part of the criteria for acceptance of these funds or property, the airport owner agrees to a set of obligations (grant assurances). Currently, 39 grant assurances apply when an airport accepts funds or property, though that number can be reduced on specific conditions (Federal Aviation Administration, 2014). The major obligations related to law enforcement include the proper operation of airport facilities and the protection of approaches to runways, although no obligations explicitly address law enforcement (Federal Aviation Administration, 2014). The Department of Homeland Security (DHS) oversees the U.S. TSA. TSA regulates security for transportation in the United States, including and especially aviation. TSA provides direction and oversight for operators and airports on aviation security compliance, specifically those in 49 CFR Part 1500. This code provision specifically relates to air cargo, airport and aircraft operator security, and aviation security. TSA also provides traveler screening in many U.S. airports (Price & Forrest, 2013). Airport Security Operation The FAA categorizes airports into four primary categories: commercial service airports, cargo service airports, reliever airports, and general aviation (GA) airports (Federal Aviation Administration, 2019). This synthesis focuses on commercial service and GA airports. Commer- cial service airports have a minimum of 2,500 annual passenger boardings, are publicly owned, and have scheduled passenger service (Federal Aviation Administration, 2019). GA airports do

8 Models for Law Enforcement at Airports not have scheduled service, maintain fewer than 2,500 annual passenger boardings, and are for public use (Federal Aviation Administration, 2019). 14 CFR Part 139 requires that commercial service airports meet specific standards concerning airfield safety, emergency responses, wildlife management, and protection of the public. While these standards are required of commercial service airports, GA airports are not required to comply with security or safety procedures dictated by specific federal regulations, though the flight operations are regulated in terms of security regardless of location (Price & Forrest, 2013). TSA also provides guidelines for GA security (Transportation Security Administration, 2017). These guidelines include establishing a relationship and liaison with local, state, and federal law enforcement agencies, as appropriate. The procedures recommend cooperation with the law enforcement agencies and may include regular or random patrolling of ramps and hangar areas, recognition of valid airport credentials, LEOs obtaining airport access through gates and access codes, and airport driving procedures during normal operations (Transportation Security Administration, 2017). Airport security leans on law enforcement powers throughout the operation of the airport to provide complementary functions such as: • Deploying K-9 (police dog) units, other ordnance detection, and possibly removal teams for explosives detection • Patrolling airport facilities • Responding to security incidents or reported suspicious behavior • Supporting checkpoint screening (Elias, 2010). The International Civil Aviation Organization (ICAO) established and published guidance on a comprehensive list of security issues in Annex 17, which represents a set of minimum standards for worldwide aviation security (International Civil Aviation Organization, 2001). The United States is a member of the experts group reporting to the Aviation Security Panel that amends and updates this annex. This list of security issues in Annex 17 (International Civil Aviation Organization, 2001) includes the following: • Airport design specifically incorporating security considerations • Aviation employee background checks • Cockpit protection • Controlled access requirements • Guidelines for isolating passengers who have been processed through security • Personnel who conduct in-flight security • Procedures to prevent unauthorized airfield access • Recommendations for inspecting aircraft for weapons or dangerous items • Reconciliation of baggage and passengers • Screening for both cargo and mail • Security requirements for ancillary services such as caterers and other operators • Training program development • Transport for checked baggage • Transporting of prisoners • Updated standards for carry-on, checked-bag, and passenger screening. Size and Security Classifications Two separate and related size and security classifications are used for U.S. airports. The first is 14 CFR Part 139: Certification of Airports. Per 14 CFR Part 139, commercial service airports are classified into four categories: Class I, Class II, Class III, and Class IV. Class I

Literature Review 9 airports are hub airports and can be small, medium, or large. Class II airports host significant charter operations and a small amount of scheduled service. Class III airports have only a small amount of scheduled service operations, and Class IV airports oversee significant charter operations (Price & Forrest, 2013). Although the TSA security categories are also based in part on the number and type of landings and takeoffs, more information goes into the security classification than the afore- mentioned CFR classifications. The TSA categories are the focus of the categories in this synthesis. TSA uses five categories that consider, for example, diverse security considerations, level of passenger screening, and volume of takeoffs and landings. These TSA categories are Categories X, I, II, III, and IV. Category IV airports generally have the smallest number of annual passenger boardings while Category X airports typically have the largest number (US Government Accountability Office, 2011). While some Category I airports are so classi- fied because of passenger enplanement volume, they may be treated or cataloged as Category X solely because of their proximity to higher-security locations, such as the airports in geo- graphic proximity to Washington, DC (Price & Forrest, 2013). More specifically, TSA defines the following TSA security categories: • Category X: Special circumstances related to perceived threats and/or annual domestic enplanements of 5 million; alternatively, more than 1 million international enplanements • Category I: More than 2 million annual enplanements and fewer than 1 million international enplanements • Category II: Between 500,000 and 2 million annual enplanements • Category III: Fewer than 500,000 annual enplanements • Category IV: No designated number of enplanements (Sweet, 2009). In this synthesis, the TSA security categories are used to classify each responding airport. Airport Ownership Types There are several airport ownership types, which may affect many aspects of policy, procedure, and operations at an airport. This section of the synthesis summarizes the various ownership types, including federal, state, county, city, and general purpose governance and special purpose entities such as airport or port authorities. Each ownership model has implications for the type of agreement between an airport owner or operator and the FAA and for how the airport is run (e.g., as a division, as a department, or within a municipality’s organization with employees). The ownership model also affects the level of control and from whom the control originates for daily operations and operations strategy (Price & Forrest, 2013). The ownership type or model exerts some level of influence over law enforcement at that airport. For example, airports owned or managed by cities, by counties, or by airport or port authorities obtain law enforcement services often through government organizations and occasionally via employees of those government organizations (National Academies of Sciences, Engineering, and Medicine, 2014). Public Owners Most airports in the United States and around the world are publicly owned (National Academies of Sciences, Engineering, and Medicine, 2009). There is high variation in the level of government participation in ownership and in the extent of cross-airport participation. Airports are most commonly owned by municipalities, followed by counties and then states.

10 Models for Law Enforcement at Airports The federal government owns two airports, and the U.S. Department of Defense (DoD) owns many more. Other rarer public airport owning entities exist, such as universities (e.g., the University of California and Ohio State University) and special district owners (e.g., Truckee Tahoe Airport District and Monterey Peninsula Airport). Most public-use airports in the United States are owned by municipalities, with the exception of those in Alaska, Hawaii, and Rhode Island. In these states, all civil airports are owned by the states themselves (Price & Forrest, 2013). General Purpose Governance (Direct Control) General purpose governance of airports is exercised when the public owner of the airport directly controls all operations (National Academies of Sciences, Engineering, and Medicine, 2009). This model of operation affords the owner more agency to offer services that stimulate economic growth for the host community. The owner or operator is subject to civil service, contract approval, and other restrictions designed as oversight for government employees. Special Purpose Entities Many public airport owners delegate some or all operational responsibility to special purpose entities such as airport authorities, port authorities, and community stakeholders (National Academies of Sciences, Engineering, and Medicine, 2009). The extent to which public owners delegate, oversee, and influence authority management varies widely across airports. Commonly, airport authority commissioners are appointed and removed by elected officials. Airport authorities may oversee a single airport or several. They are public entities owned by a government or a compact of governments (such as regional airports shared by counties or a city and county). Some authorities oversee multimodal methods of transportation, such as the Massachusetts Port Authority (Massport), Port of Seattle, and Port of Portland, which operate airports in addition to seaports. When airports are primarily operated by authorities rather than general purpose govern- ments, there are opportunities for more agile and less restricted decisionmaking and devel- opment, and management can focus more on, and specialize in, the commercial air industry (National Academies of Sciences, Engineering, and Medicine, 2009). However, indirect control can pose issues such as a lack of accountability to the community and a regulatory concern about authorities with too much control over regional transportation options. In some cases, airports are owned and operated by public entities that do not have jurisdiction otherwise over the area where the airport is located. This can be frustrating for the host or neighboring area because it does not have control over airport policy, despite the airport’s large impacts on the community. In response, some airports have appointed community airport authority commissioners or advisory committees composed of community members who contribute to airport decisionmaking. U.S. Department of Defense In addition to running its many bases, the U.S. Department of Defense (DoD) operates joint military and commercial airports (National Academies of Sciences, Engineering, and Medicine, 2009). In general, there is tension between these DoD and local airport operators’ goals because the military wants to minimize commercial air traffic and resource use while the local airport operators are mandated by the FAA to allow all manner of aeronautical activities and are influenced by the airport’s desire to stimulate economic growth for the community.

Literature Review 11 Airport Law Enforcement Models There are many airport law enforcement models that form a unique solution for each airport, with considerable variability. In practice, each airport layers law enforcement models and supporting agencies in a unique blend of the listed models. Although some understanding may be lost by attempting to describe single law enforcement models discretely, this synthesis will provide considerable details on, and explanations of, the implementation and combinations of law enforcement models. Note that this report focuses on the law enforcement models used to satisfy 49 CFR 1542.215 and 49 CFR 1542.217. Airport Police Departments Many airports have dedicated police units or departments that focus just on crime that takes place in airports and airplanes. Not only do these officers support passenger screening, they also address distraction crimes such as pickpocketing and auto theft as well as trafficking of narcotics, cash, sex workers, and more. Airport police departments are dedicated to the airport, such as the Dallas/Fort Worth (DFW) Airport Police Department. In other cases, the airport police department—such as the Columbus Airport Authority Police, Los Angeles World Airports Police, or Port Authority Police Department of New York and New Jersey— is responsible for several airports at once. These airport police departments generally report to the airport authority or to the general purpose government owner of the airport, but they are heavily involved in joint training, exchange of information, and networking with national agencies such as TSA, Federal Bureau of Investigation (FBI), and U.S. Secret Service; international agencies such as Interpol; and local city and county agencies in the jurisdiction where the airport police department is located. City Police Departments Some city police departments maintain an airport unit. These officers are employed and overseen by the city police department but are stationed at the airport. Examples include the Airport Unit of the Cleveland Police Department. In other cases, there is no separate unit, but policing is still performed by the city department. For example, McCarran International Airport is patrolled by the Las Vegas Metropolitan Police Department. County Sheriff Several U.S. airports use county police for their law enforcement. In the case of Milwaukee’s Mitchell International Airport, the Milwaukee County Sheriff’s Office staffs law enforce- ment at the airport and has been the primary law enforcement presence since 1973. The Sacramento County Sheriff has a specific Airport Bureau that serves Sacramento Inter- national Airport. The Okaloosa County Airport’s Police Department was created as an inde- pendent police force by the Sheriff’s Office to oversee the county’s three airports (Judnich, 2017). The Alameda County Sheriff’s Office maintains a presence at the Port of Oakland (Oakland Airport, 2019). Department of Public Safety The DPSs provide both law enforcement and aircraft rescue and firefighting services, so their LEOs are typically cross-trained in firefighting and in some cases also in emergency

12 Models for Law Enforcement at Airports medical services, e.g., the DPS LEOs at Nashville International Airport (BNA). This model is considered highly responsive and efficient in terms of both operations and cost. State Police Some airports use state police for their law enforcement response. For example, Governor Andrew Cuomo of New York recently ordered the stationing of state police at New York City airports to deter terrorism (Blain, 2018) while the Massachusetts State Police’s Troop F provides law enforcement at both Boston Logan International Airport and other Massport properties.

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Each airport and its law enforcement model have a unique set of relationships, operations, and resources.

The TRB Airport Cooperative Research Program's ACRP Synthesis 107: Models for Law Enforcement at Airports provides a concise body of knowledge to assist airport management, operators, researchers, and users by detailing the varying types of law enforcement models available to them.

The types of airport law enforcement models include airport police, city police, county sheriffs, departments of public safety, and state police. Many airports operate by using layers of law enforcement responses composed of more than one law enforcement model.

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