Rule/Notice/NOFO: FRA, Vetting of Certain Surface Transportation Employees

Federal Register/Notice:

Type of Requirement: NPRM

Description:  TSA proposes a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA’s costs for vetting, as required by law.

How is it enforced by FTA, DOT, Direct grant requirement, triennial review or other?  TBD

Is there a cost or time impact to grantees (best estimate):  Yes, grantees will be assessed a fee by TSA to cover the costs of vetting.

APTA Comment/Letter:  APTA held a webinar for members to develop consensus comments.  You can review the completed comments.

APTA Staff Advisor:  Polly Hanson:

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