The nations 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 were a major focus of congressional activity. 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 as the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53). The act contains numerous provisions related to air, rail, and cargo security. 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 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 TSAs progress on aviation security has been the subject of considerable congressional oversight. Aviation security policy and programs will likely be of considerable interest in the 111th Congress. Particular issues of interest include progress toward meeting the statutory mandate to screen all cargo placed on passenger airplanes by August 2010; deployment of next-generation checkpoint screening technologies; implementation of the Secure Flight system to check passenger data against the consolidated terrorist database; and options and proposals for strengthening security of large general aviation aircraft operations. While Congress passed legislation in the 110th Congress to extend the existing authorization of such sums as may be necessary for the TSAs aviation security functions through FY2011 (see P.L. 110-53, section 1618), reauthorization of TSA functions may be considered in the broader context of a DHS reauthorization bill during the 111th Congress. The vulnerability of passenger rail and transit systems to terrorist attacks is well documented. The 110th Congress significantly increased the federal role in securing those systems in the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53), which authorized billions for rail and transit security grants, mandated security training for rail and transit workers, and authorized funding for more surface transportation security inspectors in the TSA. A leading issue with regard to securing waterborne containerized cargo is the statutory mandate to scan all U.S. bound containers with non-intrusive inspection equipment at overseas ports of loading by July 2012. Debate over who should pay for cargo security, government or industry, and whether mandates or guidelines are the best approach to ensure industrys due diligence in protecting their supply chains are other leading issues. Hazardous materials (hazmat) transportation raises numerous security issues.


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