Table Of Content

S. HRG. 110–117 AVIATION SECURITY: REVIEWING THE RECOMMENDATIONS OF THE 9/11 COMMISSION HEARING BEFORETHE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION JANUARY 17, 2007 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PRINTING OFFICE 35–812 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED TENTH CONGRESS FIRST SESSION DANIEL K. INOUYE, Hawaii, Chairman JOHN D. ROCKEFELLER IV, West Virginia TED STEVENS, Alaska, Vice Chairman JOHN F. KERRY, Massachusetts JOHN MCCAIN, Arizona BYRON L. DORGAN, North Dakota TRENT LOTT, Mississippi BARBARA BOXER, California KAY BAILEY HUTCHISON, Texas BILL NELSON, Florida OLYMPIA J. SNOWE, Maine MARIA CANTWELL, Washington GORDON H. SMITH, Oregon FRANK R. LAUTENBERG, New Jersey JOHN ENSIGN, Nevada MARK PRYOR, Arkansas JOHN E. SUNUNU, New Hampshire THOMAS R. CARPER, Delaware JIM DEMINT, South Carolina CLAIRE MCCASKILL, Missouri DAVID VITTER, Louisiana AMY KLOBUCHAR, Minnesota JOHN THUNE, South Dakota MARGARET L. CUMMISKY, Democratic Staff Director and Chief Counsel LILA HARPER HELMS, Democratic Deputy Staff Director and Policy Director MARGARET SPRING, Democratic General Counsel LISA J. SUTHERLAND, Republican Staff Director CHRISTINE D. KURTH, Republican Deputy Staff Director KENNETH R. NAHIGIAN, Republican Chief Counsel (II) VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE C O N T E N T S Page Hearing held on January 17, 2007 ......................................................................... 1 Statement of Senator Carper .................................................................................. 33 Statement of Senator Inouye .................................................................................. 1 Prepared statement .......................................................................................... 2 Statement of Senator Klobuchar ............................................................................ 15 Statement of Senator Lautenberg .......................................................................... 19 Prepared statement .......................................................................................... 21 Statement of Senator Lott ...................................................................................... 26 Statement of Senator Pryor .................................................................................... 17 Statement of Senator Rockefeller ........................................................................... 1 Prepared statement .......................................................................................... 2 Statement of Senator Stevens ................................................................................ 1 Prepared statement .......................................................................................... 14 Statement of Senator Thune................................................................................... 23 WITNESSES Hawley, Hon. Edmund S. ‘‘Kip’’, Assistant Secretary, Transportation Security Administration, Department of Homeland Security ......................................... 4 Prepared statement .......................................................................................... 5 APPENDIX Coyne, James K., President, National Air Transportation Association (NATA), letter dated January 17, 2007, to Hon. Daniel K. Inouye and Hon. Ted Stevens .................................................................................................................. 39 Response to written questions submitted to Hon. Edmund S. ‘‘Kip’’ Hawley by: Hon. Daniel K. Inouye...................................................................................... 40 Hon. Frank R. Lautenberg............................................................................... 52 (III) VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE AVIATION SECURITY: REVIEWING THE RECOMMENDATIONS OF THE 9/11 COMMISSION WEDNESDAY, JANUARY 17, 2007 U.S. SENATE, SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Committee met, pursuant to notice, at 10:10 a.m. in room SR–253, Russell Senate Office Building. Hon. Daniel K. Inouye, Chairman of the Committee, presiding. OPENING STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII The CHAIRMAN. I apologize for my delay here, but this is our first meeting of the Commerce Committee and I think it is significant that we begin with the tragic moment of this decade, 9/11. And I’d like to welcome all of you here. And I’d like to announce, now, that this committee has no Rank- ing Member, it has a Vice Chairman, with all the prerogatives of the Chairman. Mr. Chairman, it’s your show. Want to say something? STATEMENT OF HON. TED STEVENS, U.S. SENATOR FROM ALASKA Senator STEVENS. Thank you very much. I guess we should go through the traditional handing of the gavel, but it makes no dif- ference, as far as I’m concerned, who’s Chairman. [Laughter.] Senator STEVENS. Thank you very much. The CHAIRMAN. Thank you, thank you. [Applause.] STATEMENT OF HON. JOHN D. ROCKEFELLER IV, U.S. SENATOR FROM WEST VIRGINIA Senator ROCKEFELLER. Mr. Chairman, if you wish me to proceed, what I’d like to start off by doing is recognizing that we are graced by the presence of three new people on our full Committee. And one is Senator Carper, who is not here, but who was born in West Virginia; the second is Senator Claire McCaskill, who is going to be an absolutely superb member of this committee, and I hope she enjoys it as much as we’ll enjoy working with her; and the other (1) VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE 2 is Senator Amy Klobuchar, from Minnesota, and she’s going to be a terrific member, too. So, I just wanted to say that. I would also suggest, Mr. Full-Committee Chairman, that we not have statements—I won’t make a statement, I’ll just put it in the record—and that we go right to Mr. Hawley—Secretary Hawley, that we go to you and have you give your statement, and then we’ll follow with questions, if that’s all right. [The prepared statements of Senators Rockefeller and Inouye follow:] PREPAREDSTATEMENTOFHON. JOHND. ROCKEFELLERIV, U.S. SENATORFROMWESTVIRGINIA Mr. Chairman, thank you for calling this very important hearing, and for shining a light on the crucial legislation a number of us cosponsored and introduced earlier this month, S. 184, the Surface Transportation and Rail Security Act of 2007, or the STARS Act. We know that we are a nation with enemies, and we know that because of our freedoms and our economy, we are a nation of targets. In the years since terrorists used one mode of transportation to wake us up to their sick motivations and evil designs, we have made strides to protect the people and assets associated with that mode, aviation. Despite the good, bipartisan work by this committee in the years since September 11th to address the vulnerabilities of our passenger and freight rails, our ports and waterway facilities, and other elements of our transportation infrastructure, I am afraid that some in Congress and in the Administration have not been as diligent in protecting these other modes. If we are to take our responsibilities as Members of Congress seriously, we must make certain that the trucks, trains, pipelines, and barges carrying hazardous mate- rials are made secure. We must demand action to protect our passenger rail and transit systems so that the tragedies we have witnessed in Madrid, London, and Mumbai are not replayed here. We must do what we can to protect our transportation systems from evil motives and opportunities that we would never have thought to imagine just a few years ago. It is important for these witnesses to be heard before this committee, and it is even more important for the Committee to take quick action on the STARS Act. I look forward to voting it out of Committee, and anticipate its timely consideration by the full Senate. PREPAREDSTATEMENTOFHON. DANIELK. INOUYE, U.S. SENATORFROMHAWAII As we embark on the first hearing of the Committee on Commerce, Science, and Transportation in the 110th Congress, I wish to welcome the new members to the Commerce Committee: Senator Tom Carper of Delaware; Senator Claire McCaskill of Missouri; Senator Amy Klobuchar of Minnesota; and Senator John Thune of South Dakota. I would also like to recognize my Vice Chairman, Senator Ted Stevens. I look forward to our continued partnership to address issues of importance to our Nation. The members of this committee have much work to accomplish over the coming weeks and months. I am confident this can be done in a bipartisan fashion. Among other priorities, we need to ensure the security of all transportation modes. This Committee was instrumental in developing legislation to secure aviation and port infrastructure, but we must complete our work to secure the other modes of surface transportation including rail. In addition to tackling new transportation security threats through legislative initiatives, we have a duty to provide the necessary oversight on the implementation of security measures we mandated as long ago as 5 years and as recent as this past October. In addition, this committee must effectively assert its jurisdiction to protect and improve both our energy and environmental security through technological innovation that will increase fuel efficiency and encourage the development of alternative, clean-burning fuels, and reduce the production of greenhouse gases. Further, ‘‘science’’ is our middle name and we must ensure that the scientists who study the issues within this committee’s jurisdiction receive the resources their work VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00006 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE 3 deserves and the opportunity to communicate their results to the public so that Con- gress can make its decisions with the best information possible. As the communications policy and technology committee, we must work to encourage innovation, competition, and competitiveness, and ensure that all Americans share in the benefits of technological advancements. I look forward to working collaboratively with the members of this committee as we tackle these, and other important issues. On a few matters of ‘‘housekeeping,’’ for full Committee hearings which will be chaired by me, I would like to continue the procedure for opening statements and member questions that Senator Stevens and I adopted last year. Under this procedure, Senators will be allotted 7 minutes for the first round of questions, up to 2 minutes of which may be used for a brief opening statement. If time permits, at the discretion of the chair, members may ask a second round of questions. This will ensure that all our witnesses have as much time to answer questions as we can provide them. Subcommittee Chairs may establish their own opening statement and question procedures for subcommittee hearings as the circumstances warrant. On another matter of ‘‘housekeeping,’’ as the Chairman of the Committee with jurisdiction over technology and communications it may seem inappropriate, but I would be most appreciative if during hearings members would minimize the use of BlackBerry devices and cell phones, as a courtesy to the witnesses. With respect to this morning’s hearing, Senator Rockefeller, who will be chairing the Aviation Operations, Safety, and Security Subcommittee, has great expertise in this area with his background on this committee, the Intelligence Committee, and the Finance Committee. I appreciate his chairing this hearing today. I will submit the remainder of my statement for the record so that we can quickly move to our witness and allow ample opportunity for members to ask questions. I recognize my Vice Chairman, Senator Stevens, for any remarks he would like to make before I turn the gavel over to Senator Rockefeller. Our nation has taken many important steps that have strengthened the security of our transportation system over the past 5 years. This is particularly true of the domestic aviation industry. Both the government and private sectors have made a tremendous investment to develop a layered security regime in which the vast ma- jority of the traveling public has confidence. In fact, more Americans flew last year than any other year in the history of commercial aviation, and as potential threats arise, the security system has proven to be flexible enough to keep passengers flowing while remaining responsive to security challenges. Despite our efforts to ensure the security of the aviation system in the United States, more needs to be done to address ongoing threats. The bipartisan 9/11 Com- mission provided a valuable public service by making recommendations on how to ensure against a repeat of the events of September 11, 2001. They identified several key shortcomings in our aviation security system, including the process for cargo and baggage screening, checkpoint screening for explosives and passenger prescreening. Each of these weaknesses, if unaddressed, offers an opportunity for our enemies to launch a potentially devastating attack. The development of an advanced passenger prescreening system, a vital component of our security system, has been delayed for several years. That is too long. The Transportation Security Administration (TSA) needs to move forward with this system, to strengthen aviation security while protecting the civil rights of all Americans. The installation of integrated or ‘‘in-line’’ Explosive Detection Systems (EDS) will not be completed for more than a decade if deployment continues at its current pace. Again, this is too long given the economic and operational benefits this system provides. We must speed up this process. In addition, the TSA must address the security of all cargo going on passenger aircraft. The TSA must work with Congress to make certain extensive screening be- comes a reality in the near term. This summer’s foiled plot to target U.S. and British air carriers with liquid explosives has shown both the successes of our overall security efforts, as well as our remaining weaknesses. Intelligence was vital in stopping that attack at the planning stages, but we can only guess how the security regime would have responded if the plot had been put in motion. It was a stark reminder of the continual efforts of our enemies, and the continual resolve we must have to secure our citizens and our economy against their efforts. It is critical that this committee work with the Administration, the public, and the aviation industry to improve the existing system of security and fix any remaining problems. We must both ensure the integrity of our security system, and keep the country’s vital economic engine functioning efficiently. VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00007 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE 4 STATEMENT OF HON. EDMUND S. ‘‘KIP’’ HAWLEY, ASSISTANT SECRETARY, TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY Mr. HAWLEY. Thank you Mr. Chairman, Mr. Vice Chairman and members of the Committee. When I last appeared before this committee, we had a very direct conversation about Secure Flight, TSA’s watch-list matching program. I announced at that time that I directed a re-baselining of the program to assure that it meets our stringent privacy requirements. That work is now complete, and we are moving forward to start implementation of Secure Flight next year. It is important to note that watch-list matching of known terrorists with passenger lists is not on hold while waiting for Secure Flight. That process works well today and will continue until we are sure that Secure Flight is fully ready. To assure the accuracy of the No Fly List itself, we will shortly conclude a case-by-case review of every name on the No Fly List. Working with our partners at the Terrorist Screening Center and in the intelligence community and law enforcement, this effort will effectively cut the No Fly List in half. Of course, TSA’s most visible presence is at the airports. On the morning of August 10th, about a month short of the fifth anniver- sary of 9/11, we had an unscheduled, real-world test of TSA, in par- ticular, and aviation security, overall. TSA, in just a few hours—literally overnight—rolled out a new checkpoint security process for every passenger in America. Also, TSA put these changes into effect worldwide for every flight bound for the United States, and deployed Federal Air Marshal teams to saturate affected flights flown by U.S. carriers. For TSA, August 10th represents both an affirmation of how far we’ve come in 5 years and gives us confidence in the path ahead. I’m proud of the way TSA men and women, including Federal Air Marshals, stepped up to this challenge, and of their commitment to our mission going forward. August 10th also illustrates how some of the security layers that I have mentioned in previous testimony work in a live-fire situa- tion. The first layer I identified was working with our partners in the intelligence community, law enforcement, and the military, others at DHS, and elsewhere in the U.S. Government, to identify and act on the threat at its origin. That happened in August, and the coordinated actions across the Government gave us, at TSA, key, timely information that enabled us to stay ahead of the threat. TSA does not act alone. Airports and airlines work alongside TSA every day. I cannot express, enough, my appreciation for the job they did this summer. We were all on the same page and acted together in a coordinated and sustained effort. The same thing can be said for our international partners. We worked together to put in place what has become an ICAO-recommended practice worldwide, and is enforced today throughout the European Union, Canada, and Australia. Connecting with partners in the U.S. Government in the aviation industry, and with government entities around the world, is a vital part of our secu- VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00008 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE 5 rity system and does not happen by accident. At TSA, building and practicing these connections is a core function of the agency. I’ve testified before this committee on a number of occasions about the importance of taking full advantage of our existing workforce, and of recognizing that the human mind itself is the most advanced technology on Earth. As you know, we’ve put a major focus on sophisticated and continued training of our Transportation Security Officers (TSOs) in detecting improvised explosion device (IED) components. Beyond IED training, we have developed advanced capabilities in behavior observation, bomb appraisal, and document verification. We have also made a major investment in our workforce to retain and moti- vate the best security officers. Our work over the last year has resulted in significant reductions in old problem areas, like attrition and injuries. For the first time, TSOs have significant long-term career opportunities, as well as pay increases for excellent performance. The impact of this renewed focus on mission performance and our TSOs is that we have an engaged workforce that is well-trained and mo- tivated. I think you can feel it at checkpoints around the country. The challenge in August was unplanned, but it was not unex- pected. We will continue to be challenged, and have to be prepared for the unknown new threat, as well as address all the known threats. This puts a priority on layers of security that are flexible, connected, and cannot be engineered around. So, even as we continue to deploy technology, we must also continue to invest in our workforce and take advantage of the unique asset that it represents. Every day, all across the country, there are thousands of TSOs, inspectors, and Federal Air Marshals who, on a moment’s notice, can and do deploy anywhere in an airport or the world. Our mission is security, and we never forget that. To meet an adaptive enemy whom we cannot always predict, there is no sub- stitute for alert and prepared people. Thank you for the opportunity to appear today, and I’d be happy to answer your questions. [The prepared statement of Mr. Hawley follows:] PREPAREDSTATEMENTOFHON. EDMUNDS. ‘‘KIP’’ HAWLEY, ASSISTANTSECRETARY, TRANSPORTATIONSECURITYADMINISTRATION, DEPARTMENTOFHOMELANDSECURITY Good morning Chairman Inouye, Vice Chairman Stevens, and distinguished members of the Committee. Thank you for this opportunity to speak with you about the progress the Department of Homeland Security (DHS) has made in fulfilling the recommendations of the 9/11 Commission related to aviation security. First, I would like to thank the Committee for the tremendous support given to DHS and the Transportation Security Administration (TSA) over the past year, es- pecially as we have sharpened our focus on explosives at the passenger checkpoint. We look forward to continuing our partnership on these and other issues in the coming year. 2006 was a demanding year for TSA, and its partners in aviation security gen- erally, but it ultimately has demonstrated how far we have come in securing our Nation’s transportation systems since the 9/11 Commission issued its report and recommendations. While last year is most notable for the activities related to the liquid explosives plot, I would like to highlight for the Committee several initiatives that helped us prepare to meet that and other security challenges as well as the challenge pre- sented by increased passenger loads. Last year we discussed our need to focus more VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00009 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE 6 on the threat of improvised explosive devices (IEDs) at the passenger checkpoint. We knew that, while technology is a key component of our security strategy, we had opportunities to increase security by better enabling our workforce, specifically our Transportation Security Officers (TSOs). I will discuss some examples later in my testimony, but the efforts were centered around training and retaining our best people, giving them financial and career progression incentives, and expanding opportunities for more advanced security skills like behavior observation. While those efforts were underway, TSA, anticipating increased summer passenger loads, changed the way it hires new employees from a centrally operated headquarters model to one where the local airport team managed its own hiring. This transition was complete in time to staff the Memorial Day to Labor Day peak summer travel period. In the weeks before Memorial Day, there was concern about TSA’s new staffing model and the agency’s readiness to handle the summer traffic. The liquids ban in August raised issues about large scale cancellation of flights due to security delays. Our ‘‘3–1–1’’ security procedures, which allow passengers to bring onto planes small quantities of liquids that do not represent a significant security risk, were controver- sial, and many felt that the Thanksgiving holidays would be affected by security delays. But TSA, airlines, airports, and passengers were ready for the summer, flights were not canceled as a result of the liquids ban, and all handled the holiday travel season without incident. Similarly, TSA’s Federal Air Marshals Service (FAMS) put forth major efforts at improving its operating procedures to better retain Federal Air Marshals (FAMs) and improve TSA’s ability to quickly support emergent circumstances that might occur anywhere in the world. Examples of these efforts include the comprehensive listening and employee involvement initiatives that resulted in more flexible dress code and travel requirements, as well as the FAMS support of the emergency evacuation of U.S. citizens from Lebanon. The value of a fully-staffed, fully-prepared, and actively engaged TSA front-line workforce, be they TSOs or FAMs, was made evident most dramatically in TSA’s response to the discovery in the United Kingdom of a plot to use liquid explosives to take down passenger aircraft bound for the United States. TSA acted decisively and swiftly to protect the traveling public. Literally overnight, our dedicated TSOs implemented major new screening protocols to focus on and protect against the im- minent threat. FAMs moved, in the hundreds, to conduct missions of unprecedented tempo and complexity to combat the threat and instill confidence in the security of commercial aviation. The support of our partners in the airports and airlines, as well as the cooperation of the traveling public, was invaluable in achieving this suc- cess. All of us can be proud of the fact that while this was enormous change, implemented on an emergency basis, the U.S. aviation system continued to function— that, even though there were security delays in the first few days of the new process, the system operated smoothly from August right through the recent holidays. In this regard, we would emphasize that TSA’s ability to deal effectively with the liquids plot, as well as its ability to assist with the impact of Hurricane Katrina, depended upon TSA’s flexible personnel management authorities established in the Aviation and Transportation Security Act (ATSA). These authorities permit TSA to flexibly manage and deploy its workforce, including its TSO workforce, in carrying out important security work directly affecting national security. During Hurricane Katrina and after the United Kingdom air bombing plot was foiled, TSA changed the nature of employees’ work—and even the location of their work—to flexibly re- spond to these emergencies. Similarly, FAMs were redeployed on hours’ notice to support the evacuation of U.S. citizens from Lebanon. This flexibility is a key component of how DHS, through TSA, protects Americans while they travel. For these reasons we would strongly oppose any legislative proposal that would diminish the authority that this committee gave to us in ATSA. It is also important to note that our partners in other countries around the globe stepped up in a major way to implement the new protocols that we instituted with necessarily short notice. The communications efforts that followed the emergency actions resulted in unprecedented advanced harmonization of security measures that subsequently resulted in nearly identical measures for the United States, Canada, the entire European Union, and Australia, as well as adoption by the International Civil Aviation Organization (ICAO) of a world-wide recommended practice reflecting the same procedures. We have learned a great deal since the 9/11 Commission released its findings about the nature of the terrorist threat today and about the best ways to use the tools at our disposal to deal with that threat. Our experience teaches us that the 9/11 Commission recommendations can be most effective when applied in the con- text of the constantly changing world in which we operate. They inform our path VerDate 0ct 09 2002 12:34 Oct 16, 2007 Jkt 035812 PO 00000 Frm 00010 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\35812.TXT SCOM1 PsN: JACKIE