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S. 1447, Implementation of the Aviation and Transportation Security Act S. HRG. 107–1110 S. 1447, IMPLEMENTATION OF THE AVIATION AND TRANSPORTATION SECURITY ACT HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION MAY 21, 2002 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PRINTING OFFICE 91–255 PDF WASHINGTON : 2005 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) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 11:47 Feb 17, 2005 Jkt 091255 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\WPSHR\GPO\DOCS\91255.TXT JACK PsN: JACKF SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED SEVENTH CONGRESS SECOND SESSION ERNEST F. HOLLINGS, South Carolina, Chairman DANIEL K. INOUYE, Hawaii JOHN MCCAIN, Arizona JOHN D. ROCKEFELLER IV, West Virginia TED STEVENS, Alaska JOHN F. KERRY, Massachusetts CONRAD BURNS, Montana JOHN B. BREAUX, Louisiana TRENT LOTT, Mississippi BYRON L. DORGAN, North Dakota KAY BAILEY HUTCHISON, Texas RON WYDEN, Oregon OLYMPIA J. SNOWE, Maine MAX CLELAND, Georgia SAM BROWNBACK, Kansas BARBARA BOXER, California GORDON SMITH, Oregon JOHN EDWARDS, North Carolina PETER G. FITZGERALD, Illinois JEAN CARNAHAN, Missouri JOHN ENSIGN, Nevada BILL NELSON, Florida GEORGE ALLEN, Virginia KEVIN D. KAYES, Democratic Staff Director MOSES BOYD, Democratic Chief Counsel JEANNE BUMPUS, Republican Staff Director and General Counsel (II) VerDate 0ct 09 2002 11:47 Feb 17, 2005 Jkt 091255 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\91255.TXT JACK PsN: JACKF C O N T E N T S Page Hearing held on May 21, 2002 ............................................................................... 1 Statement of Senator Allen ..................................................................................... 28 Statement of Senator Boxer .................................................................................... 3 Prepared statement .......................................................................................... 4 Letter, dated May 17, 2002 from John L. Martin, Airport Director, San Francisco Airport .......................................................................................... 21 Statement of Senator Burns ................................................................................... 2 Statement of Senator Cleland ................................................................................. 23 Prepared statement .......................................................................................... 25 Statement of Senator Dorgan ................................................................................. 26 Statement of Senator Hollings ............................................................................... 1 Prepared statement .......................................................................................... 1 Statement of Senator Hutchison ............................................................................ 37 Statement of Senator McCain ................................................................................. 13 Statement of Senator Nelson .................................................................................. 5 Statement of Senator Snowe ................................................................................... 30 Statement of Senator Wyden .................................................................................. 3 WITNESSES Mineta, Hon. Norman Y., Secretary, Department of Transportation, accompanied by Hon. John W. Magaw, Under Secretary of Transportation for Security ........................................................................................................... 6 Prepared statement .......................................................................................... 8 APPENDIX Rockefeller IV, Hon. John D., U.S. Senator from West Virginia, prepared statement .............................................................................................................. 43 Response to written questions submitted by Hon. Max Cleland to: Norman Y. Mineta ............................................................................................ 49 John W. Magaw ................................................................................................ 52 Response to written questions submitted by Hon. John F. Kerry to Norman Y. Mineta and John W. Magaw ............................................................ 55 Response to written questions submitted to Norman Y. Mineta by: Hon. Ernest F. Hollings ................................................................................... 44 Hon. Kay Bailey Hutchison ............................................................................. 62 Hon. John McCain ............................................................................................ 58 Hon. John D. Rockefeller IV ............................................................................ 54 (III) VerDate 0ct 09 2002 11:47 Feb 17, 2005 Jkt 091255 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\91255.TXT JACK PsN: JACKF VerDate 0ct 09 2002 11:47 Feb 17, 2005 Jkt 091255 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\91255.TXT JACK PsN: JACKF S. 1447, IMPLEMENTATION OF THE AVIATION AND TRANSPORTATION SECURITY ACT TUESDAY, MAY 21, 2002 U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Committee met, pursuant to notice, at 9:35 a.m. in room SR–253, Russell Senate Office Building, Hon. Ernest F. Hollings, Chairman of the Committee, presiding. OPENING STATEMENT OF HON. ERNEST F. HOLLINGS, U.S. SENATOR FROM SOUTH CAROLINA The CHAIRMAN. The Committee will come to order. I am re- minded of President Reagan. When he would go in the Cabinet Room he said, as the Good Lord said at the Last Supper, if you want any picture, everybody on this side. [Laughter.] The CHAIRMAN. We are delighted to have the hearing with re- spect to the implementation of airport security. Secretary Norman Mineta and the Under Secretary in charge of security, Mr. John Magaw. I am going to file my statement for the record. I would yield to Senator Burns. [The prepared statement of Senator Hollings follows:] PREPARED STATEMENT OF HON. ERNEST F. HOLLINGS, U.S. SENATOR FROM SOUTH CAROLINA Good morning Secretary Mineta and Under Secretary Magaw. It has been six months since the passage of the Aviation and Transportation Security Act, which symbolized a complete change in the way we approach and conduct security for our nation’s air transportation system. We have asked not only you, but travelers all throughout the country to accept a new reality—one where everything is searched, and people are randomly checked. In the name of security, we have asked people to give up some of their personnel freedoms to protect our country. The American public has shown great faith in our efforts—passengers are accepting the new process and returning to airports, which has allowed air carriers to resume flights at near normal levels—but we must be more vigilant than ever to ensure that ‘‘normalcy’’ does not translate into ‘‘compla- cency’’ as we move forward with implementing the requirements of the Security Act. We set a series of tough deadlines in the Security Act—we knew they were hard to meet when we set them, but we did not want to let anything stop the moment to make changes. While you have generally met the requirements of the Security Act to this point—which I commend you on—two significant deadlines are looming by the end of the year. In particular, TSA is required to have Explosive Detection Systems or EDSs in use at all commercial airports and screening every bag that goes on a passenger airplane by December 31st, or use alternative means until EDSs are installed. The Security Act also mandated that the Federal government assume control of all airport security personnel by November 19th. I have concerns about your approach and timing to ensure these milestones are reached. (1) VerDate 0ct 09 2002 11:47 Feb 17, 2005 Jkt 091255 PO 00000 Frm 00005 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\91255.TXT JACK PsN: JACKF 2 I have heard your views on EDS, Secretary Mineta, and I believe we must proceed with great caution not to set up a security system that appears strong, but offers a backdoor which leaves us extremely vulnerable to attack. In announcing that you would purchase 1100 EDSs to be used in conjunction with Trace Detection for large airports and trace only, for now, at small airports, you must make sure that you follow up and upgrade all of the airport security systems as soon as the next genera- tion of EDSs are available. I also urge you to use additional procedures for small airports so that large and small airports receive equal levels of security. However, when the Senate passed the Security Act by a vote of 100–0, it was mindful of not setting up a dual-tiered approach that would provide such a back- door. We want one level of security, a system where large airports get better secu- rity than small airports is not acceptable to us. The picture of the hijackers going through Portland, Maine, remains clear to everyone. Nothing could be worse than a false sense of security that lulls us into lowering our guard. With the success that the terrorists had on September 11th, they will undoubtedly try to find our weakness again. News reports are already indicating the likelihood
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