Legal Aspects of Transit and Intermodal Transportation Programs. Topic 19-03. Navigating the Complexities of Sensitive Security Information (SSI) and Protected Critical Infrastructure Information (PCII)

Transit agencies collect and maintain extensive information about the security, operations, facilities, critical infrastructure, and/or other assets or capital projects. Disclosure of this information could be detrimental to the security of transit operations, infrastructure, employees, or customers. Recognizing the importance of protecting such information, the U.S. Department of Transportation (DOT) and the Department of Homeland Security (through the Transportation Security Administration [TSA]) have promulgated regulations that provide requirements for handling of sensitive security information (SSI) and protected critical infrastructure information (PCII). SSI and PCII are not subject to disclosure under the Freedom of Information Act and many state open records laws. SSI and PCII are also not available under discovery in federal litigation and is not required to be part of the record in federal rulemaking. The objectives of this research are to: (1) Review and identify SSI and PCII regulations and requirements relevant to transit agencies, focusing on federal requirements, but also highlighting representative state laws and regulations. (2) Identify potential legal and operational consequences for improper, too broad, or too restrictive designation of SSI. (3) Produce a report that includes best practices or common industry understandings or questions regarding the designation of potential protected information. It is expected that the research consultant will obtain guidance that has been issued by DOT or TSA, and interview representatives of transit agencies to determine how the agencies have applied the regulations. The research should also include a confidential survey of a sample of transit agencies to determine what challenges those agencies may have faced in designating various types of information as SSI—or submitting information to TSA for classification as PCII, if at all. The guidance provided should answer question, such as, to what extent do the federal agencies become directly involved with transit agencies regarding particular requests from the public?

Language

  • English

Project

  • Status: Proposed
  • Funding: $50000
  • Contract Numbers:

    Project J-05, Topic 19-03

  • Sponsor Organizations:

    Transit Cooperative Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC    20001

    Federal Transit Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Project Managers:

    Chisholm-Smith, Gwen

  • Start Date: 20200107
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01712251
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project J-05, Topic 19-03
  • Files: TRB, RiP
  • Created Date: Jul 22 2019 3:30PM