RL33512
Transportation Security: Issues for the 110th Congress
August 03, 2007

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Federation of American Scientists

Summary:

The nation's air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them highly vulnerable to terrorist attack. While hardening the transportation sector from terrorist attack is difficult, measures can be taken to deter terrorists. The dilemma facing Congress is how best to construct and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of another terrorist attack without unduly interfering with travel, commerce, and civil liberties. In the 110th Congress, aviation, rail, and transit security have been a major focus of congressional activity. On January 9, 2007, the House passed the Implementing the 9/11 Commission Recommendations Act of 2007 (H.R. 1), which contains provisions, among others, on aviation and cargo security. On March 13, 2007, the Senate passed the Improving America's Security Act of 2007 (S. 4), which is similar but not identical to H.R. 1. At the end of July 2007, the House and Senate passed a conference agreement on H.R. 1 (H.Rept. 110-259) that was signed into law on August 3, 2007 (P.L. 110-53). Aviation security has been a major focus of transportation security policy following the terrorist attacks of September 11, 2001. In the aftermath of these attacks, the 107th Congress moved quickly to pass the Aviation and Transportation Security Act (ATSA; P.L. 107-71) creating the Transportation Security Administration (TSA) and mandating a federalized workforce of security screeners to inspect airline passengers and their baggage. The act gave the TSA broad authority to assess vulnerabilities in aviation security and take steps to mitigate these risks. The TSA's progress on aviation security has been the subject of considerable congressional oversight. P.L. 110-53 extends the existing authorization of such sums as may be necessary for the TSA's aviation security functions through FY2011. The vulnerability of passenger rail systems to terrorist attacks is well documented. Steps that can be taken to reduce the risks and consequences of an attack include vulnerability assessments, emergency planning, and emergency response training and drilling of transit personnel, ideally in coordination with police, fire, and emergency medical personnel. A leading issue with regard to securing truck, rail, and waterborne cargo is the desire of government authorities to track a given freight shipment at any time, particularly the tracking of marine containers as they are trucked to and from seaports. Security experts believe this is a particularly vulnerable point in the container supply chain. Debate over who should pay for cargo security, government or industry, and whether mandates or guidelines are the best approach to ensure industry's due diligence in protecting their supply chains are other leading issues. Hazardous materials (hazmat) transportation raises numerous security issues.