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TSA will finalize regulations to establish the requirements and procedures to conduct the vetting of certain railroad, public transportation, and over-the-road bus employees, and to recover the costs of the vetting services.  On May 23, 2023, TSA issued a notice of proposed rulemaking proposing these standards.  TSA is evaluating all comments received and will publish the final rule.  This regulation is related to 1652-AA55, Security Training for Surface Transportation Employees.

Overall Description of Deadline: Sections 1411 and 1520 of Pub. L. 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 Stat. 266, Aug. 3, 2007), require background checks of frontline public transportation and railroad employees not later than one year from the date of enactment. Requirement will be met through regulatory action.

Statement of Need:

This rulemaking is required by the Implementing Recommendations of the 9/11 Commission Act, Pub. L. 110-53, (121 Stat. 266, Aug. 3, 2007), and will enhance the security of surface transportation by ensuring that workers who are central to operations do not pose a threat to transportation or national security, or of terrorism.

Anticipated Costs and Benefits:

The vetting of railroad, public transportation, and over-the-road bus employees covered under the rule will result in costs to TSA and to industry.  TSA is required to recover vetting costs by collecting user fees from the individuals who are subject to the requirements rather than the public at large.  TSA also anticipates ancillary costs (e.g. updating contact information, compliance inspections) associated with compliance with the rule.  Anticipated benefits include reducing security risks by identifying and/or mitigating potential insider threats through vetting.