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The 9/11 Act requires vetting of certain railroad, public transportation, and over-the-road bus employees.  Also, 6 U.S.C. 469 requires TSA to collect fees to recover the costs of the vetting services.  Through this rulemaking, the Transportation Security Administration (TSA) intends to propose the standards and procedures to conduct the required vetting and recover costs.  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:

Employee vetting is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who may target surface transportation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption.

Anticipated Costs and Benefits:

The vetting of freight rail, public transportation, and over-the-road bus employees covered under the rule will result in costs to TSA and to industry. TSA is proposing to establish fees to recover vetting costs. 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.