Durbin, senators urge TSA to implement measure to protect rail, transit passengers

WASHINGTON – U.S. Senator Dick Durbin (D-IL) joined Senator Cory Booker (D-NJ) and twelve other Senate Democrats in calling on the Transportation Security Administration (TSA) to take immediate action to implement security recommendations mandated in the 9/11 Commission Act of 2007. In a letter to TSA Administrator Peter Neffenger, the senators expressed concern over the safety of our nation’s rail and transit systems in the wake of the Brussels terrorist attacks in March. They also emphasized that the agency’s failure to comply could seriously undermine our nation’s efforts to protect rail and transit passengers.

“Two short months ago, terrorists detonated a nail bomb at a Brussels Metro station, killing 20 rail passengers and injuring more than 100 others. This terrible attack reminds us that surface transportation systems are attractive soft targets for terrorists seeking to inflict significant casualties. Yet, a recent report by the Department of Homeland Security’s Office of Inspector General indicates that the Transportation Security Administration (TSA) has not completed several rulemakings that are essential to securing our passenger rail network,” wrote the senators.

“Last week, the Inspector General reported that TSA has limited regulatory oversight processes to strengthen rail and transit passenger security because TSA has not implemented all requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). 

“We now request information on progress made by TSA in completing all 9/11 Act requirements, the date by which TSA will issue proposed regulations and final rules on these matters, and other actions taken by TSA to improve passenger rail and transit security,” the senators concluded.

Full text of the letter can be found below.

The Honorable Peter Neffenger

Administrator

Transportation Security Administration

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Dear Administrator Neffenger:

Just two short months ago, terrorists detonated a nail bomb at a Brussels Metro station, killing 20 rail passengers and injuring more than 100 others. This terrible attack reminds us that surface transportation systems are attractive soft targets for terrorists seeking to inflict significant casualties. Yet, a recent report by the Department of Homeland Security’s Office of Inspector General indicates that the Transportation Security Administration (TSA) has not completed several rulemakings that are essential to securing our passenger rail network. As such, we urge you to rapidly take the necessary steps to secure the nation’s passenger rail and transit systems.

Last month, the Inspector General reported that TSA has limited regulatory oversight processes to strengthen rail and transit passenger security because TSA has not implemented all requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). In the 9/11 Act, Congress required TSA to take a number of important security actions, such as increased training for frontline employees and ensuring security plans for high-risk targets.  

The legislation was enacted in August 2007 and these items were all due within one year of that date. As of June 2016 – almost eight years after the deadline – we still do not have final action on several of these requirements. As the Inspector General noted, this lack of action may diminish TSA’s ability to strengthen passenger rail security and impact our ability to prevent or deter acts of terrorism.

In interviews and during your confirmation hearings before the Senate Commerce, Science and Transportation and Homeland Security and Governmental Affairs Committees in May 2015, you assured Committee members that you would give rail and transit security the urgent attention they deserve. The attack in Brussels highlighted the clear urgency to address security in our vulnerable rail and transit systems. We now request information on progress made by TSA in completing all 9/11 Act requirements, the date by which TSA will issue proposed regulations and final rules on these matters, and other actions taken by TSA to improve passenger rail and transit security.

We appreciate your leadership at TSA, as well as your attention to these issues and your prompt response to our questions. 

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