Sensitive Security Information and Transportation Security: Issues and Congressional Options

Publication Date: June 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

As a result of the terrorist attacks of September 11, 2001, Congress passed legislation creating the Transportation Security Administration (TSA). The agency was charged with making improvements to the country's transportation security systems and protecting against future terrorist attacks. TSA was also given the authority to establish regulations for protecting certain information from public disclosure. These regulations govern sensitive security information, or SSI.

The SSI regulations prohibit TSA officials and employees having a "need to know" status from disclosing transportation security information that details security programs and equipment; training and security procedures; vulnerability assessments; or other related information. The regulations pertaining to SSI are exempt from Freedom of Information Act disclosure. TSA is required, however, to provide SSI to authorized congressional committees.

The purpose of the SSI regulations is to restrict information relative to future terrorist attacks. TSA's application of the SSI regulations has, however, resulted in some controversies over airport security procedures, employee accountability, passenger screening, and airport secrecy agreements. Some experts believe that too much information has been kept from the public in these circumstances. TSA states, however, that protecting SSI is warranted because of the need to protect transportation systems.

A fundamental issue in this controversy is the tension between securing the nation's transportation systems and keeping the public informed. Democratic governments benefit from an informed citizenry; however, broad openness may provide potential enemies with information that enables attacks on the transportation infrastructure. What level of risk resulting from public access to SSI is acceptable to policymakers and the public? What alternatives are available to the present system, and what are their strengths and weaknesses?

This report provides background information on and analysis of issues concerning the SSI regulations. Additionally, it identifies the transportation security and information issues at the heart of this debate. Finally, the report outlines and assesses policy options for Congress, including endorsing current regulations, giving greater specificity to TSA's protection requirements, setting time limits for protection, creating an advisory commission, requiring periodic congressional briefings, or establishing an oversight board. This report will be updated as events warrant.