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TABLE OF CONTENTS(Click on Section)

PURPOSE

BACKGROUND

WITNESSES

The purpose of this hearing is to examine the current status of TSA's effort to improve aviation security.

The President signed the Aviation and Transportation Security Act on November 19, 2001. This legislation removed responsibility for aviation security from the FAA and established the Transportation Security Administration (TSA), within the Department of Transportation, to handle all transportation security matters including aviation security.

In the 8 months since the law was passed, a number of issues have arisen that will be the subject of the hearing. Some of them are summarized below.

Checked baggage screening deadline. The law requires the TSA to deploy enough explosive detection systems by the end of this year to screen all checked baggage. TSA has said this will require about 1,100 bulk detection machines, such as the CTX or L3, and about 5,000 trace detection machines. Some airports have complained that they will not be able to reconstruct their terminals by the end of the year to accommodate all the large bulk detection machines. Although the law provides flexibility in such cases, some airports are seeking an extension of the deadline.

According to the DOT Inspector General, of the 1,100 explosive detection machines that DOT says are needed by the end of the year, 1,025 have been ordered, 114 were supposed to be delivered by the end of June, 86 were delivered, and 29 have been installed. With the equipment installed under previous contracts, there are now 215 bomb detection machines operating at airports.

Federalization of the screener workforce. One of the most controversial aspects of the original bill was whether those who screen passengers and carry-on baggage should be Federal employees or employees of private security companies. In the end, the legislation required that all but 5 airports have Federal screeners. The law requires the conversion to a Federal workforce to be completed by November 19th. So far, only 3 airports have been federalized, leaving more than 400 to go. If there are not enough Federal screeners on November 19th, it is possible that TSA may have to limit the number of open checkpoints to those that it can staff. This would result in longer passenger queues.

The Los Angeles Times reported on July 7th that Secretary Mineta was asked what would happen if there aren't enough federal screeners on hand by November 19? "To the extent that we don't get our full strength at any airport, we may just have to cut some [checkpoint] lanes," he responded. He was then asked what would happen at the remaining lanes. "Long lines, long lines," Mineta said.

At BWI, as of June 18, only 8.6% of the people who applied for Federal screener positions were hired. According to the Inspector General, only about 2,500 Federal screeners had been hired nationwide as of July 13. DOT says the number is higher now.

Screener competence. Recent tests of screener performance found that they missed about ¼ of the fake guns and bombs in 387 smuggling attempts at 32 airports. This is occurred even though undercover officers probing the system were instructed not to make dummy weapons difficult for screeners to find. These test were not conducted at the airports with Federal screeners.

TSA workforce. When Congress was considering security legislation last year, estimates were that the TSA workforce would range from 28,000 to 31,000 employees. Now, estimates are that that workforce could grow to as much as 67,000 employees. The Supplemental Appropriations bill, which passed the House, would cap the TSA workforce at 45,000 employees this fiscal year.

Aviation experience of TSA workforce. The TSA Under Secretary as well as many of the TSA employees are former Federal law enforcement officers. It seems that they tend to hire in key positions other ex-law enforcement officers. While they have vast experience in security matters, they have little experience with the complexities of managing an efficient airport and airline operation.

TSA arrogance. Some in the aviation community have complained that TSA officials are not willing to listen to them. Moreover, some airport directors complain that TSA officials will arrive at their airport unannounced and give orders to airport personnel without consulting with the airport director. An example was reported in Orlando where a TSA advance team showed up unannounced and set up a hiring center for screeners on airport property. When the airport director went to investigate, he was threatened with arrest for trespassing in a Federal area.

TSA pay scales. Law enforcement agencies have complained that they are losing employees to the TSA because they cannot compete with the salaries that TSA is paying. The FAA's Chief Counsel's office has also complained that it is losing lawyers to the TSA for the same reason. This is occurring at the same time that TSA is complaining that their budget resources are inadequate.

TSA research. Fifty million dollars has been appropriated to the TSA for the purpose of researching new security technologies. Efforts have been made to get an accounting from the TSA on how exactly this money is being spent. However, so far, those efforts have been unsuccessful. The report accompanying the Defense Department appropriations bill included an earmark of $25 million for a proof of concept demonstration for a communication technology supported by Boeing.

Guns in the cockpit. On July 10th, the House passed legislation by a vote of 310-113 to allow all pilots to carry guns to defend the cockpit against a hijacker. The Administration opposes this bill.

Non-Lethal Weapons. TSA has failed to act on a request from United Airlines to allow the installation of tasers in the cockpits of their aircraft. The guns in the cockpit legislation would require TSA to respond to such a request within 90 days.

Profiling. The TSA has a system known as the Computer Assisted Passenger Prescreening System (CAPPS), which is designed to select those passengers who warrant additional security. However, frequently this system seems to select little old ladies, young children, or others who do not seem to pose a terrorist risk. TSA is working on a new profiling system, known as CAPPS II, which is supposed to better select those who should receive additional scrutiny. However, many people are concerned that the CAPPS II system will constitute an invasion of privacy. Others are concerned that any profiling system will single out people on the basis of race, color or national origin.

Trusted traveler program. To reduce the "hassle factor" for its frequent flyers, the airlines have advocated the implementation of a Trusted Traveler Program. The screening of passengers who participate in the program would be expedited. This would give more time for screeners to focus on those passengers who should be subject to more extensive scrutiny. TSA Under Secretary Magaw has indicated that he is opposed to such a program. However, Homeland Security Director Ridge has stated that he is open to such an idea. Airline employees have suggested that they could be the initial participants in such a program since they have to go through background checks to get their job. In a May 19th report to Congress, the TSA stated that it is pursuing multiple actions to minimize the hassle factor for the traveling public and that evaluation of a trusted traveler program is among one of the priorities it is pursuing in this area.

Cargo security. Most cargo is not screened by x-ray or other mechanical devices. Rather, the security of cargo is supposed to be ensured either by shipper participation in the "known shipper program" or by actual inspection of the cargo. However, published reports indicate that there are holes in the known shipper program and much of the cargo from unknown shippers is not rigorously inspected.

Airport workers. Many people, such as food caterers and aircraft fuelers, drive trucks onto the airport. While those employees may be subject to background checks, there is little or no inspection of the contents of the trucks that are driven onto the airport property.

Perimeter security. Many airports seem to rely on natural boundaries, such as water, to keep intruders off the airport property. But it is not clear that these would keep a determined terrorist out of the secured areas of an airport. There have been reports recently of thefts of aviation workers' uniforms and IDs.

Private charters. Public charters are currently subject to the same security requirements, such as screening passengers and their carry-on bags, as the scheduled airlines. Private charters, such as a company charter of an aircraft to carry its employees, are not subject to these security rules. TSA has issued a rule, without an opportunity for prior public comment, that would require private charters using aircraft over 95,000 pounds to begin complying with these security rules on August 19. The industry is complaining that they cannot comply by August 19th. Some also complain that the 95,000 pound threshold is too low. The DC-9 and Boeing 717 are examples of aircraft that are just over 95,000 pounds. Bombardier makes a business jet that is 95,000 pounds while the Gulfstream business jets are just under the threshold.

General Aviation. Some have expressed concern that a private pilot could fill a small plane with explosives and use it to blow up a building, national monument, nuclear plant, or dam. Others fear that a small crop duster could be used to spread germs or other toxic or biological agents. The airport and general aviation communities have suggested various ways to beef up general aviation security. However, they remain concerned that TSA will impose onerous requirements that will not improve security but will prevent many law-abiding general aviation pilots from continuing to fly.

Reagan National Airport. Ronald Reagan Washington National Airport has been closed to general aviation traffic since September 11th. However, exceptions have been made for some elected officials. The general aviation community was promised that a decision on reopening National Airport to them would be made by the end of May. However, to date, National Airport remains closed to all but a select few in the general aviation community.

Covered airports. There are more than 500 airports with commercial airline passenger service. However, TSA plans to federalize the screener workforce and install explosive detection systems at only about 430 of them. TSA says that the others have only seasonal service or charter service.

There will be both an open and closed portion of the hearing. The open session will begin at 10:00 a.m. and end at 1:00 p.m. In order to allow enough time for witness statements and Member questions, opening statement may be limited. At 1:00 p.m., the Committee will recess and at 2:00 p.m. reconvene in a closed session to discuss sensitive security matters that could not be discussed in the open session.