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Secure Flight and Registered Traveler Hearing

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Secure Flight and Registered Traveler Hearing S. HRG. 109–461 THE TRANSPORTATION SECURITY ADMINISTRATION’S AVIATION PASSENGER PRESCREENING PROGRAMS: SECURE FLIGHT AND REGISTERED TRAVELER HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION FEBRUARY 9, 2006 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PRINTING OFFICE 27–562 PDF WASHINGTON : 2006 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 14:24 Jul 11, 2006 Jkt 027562 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\WPSHR\GPO\DOCS\27562.TXT JACKF PsN: JACKF SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED NINTH CONGRESS SECOND SESSION TED STEVENS, Alaska, Chairman JOHN MCCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-Chairman CONRAD BURNS, Montana JOHN D. ROCKEFELLER IV, West Virginia TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine BARBARA BOXER, California GORDON H. SMITH, Oregon BILL NELSON, Florida JOHN ENSIGN, Nevada MARIA CANTWELL, Washington GEORGE ALLEN, Virginia FRANK R. LAUTENBERG, New Jersey JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska JIM DEMINT, South Carolina MARK PRYOR, Arkansas DAVID VITTER, Louisiana LISA J. SUTHERLAND, Republican Staff Director CHRISTINE DRAGER KURTH, Republican Deputy Staff Director KENNETH R. NAHIGIAN, Republican Chief Counsel MARGARET L. CUMMISKY, Democratic Staff Director and Chief Counsel SAMUEL E. WHITEHORN, Democratic Deputy Staff Director and General Counsel LILA HARPER HELMS, Democratic Policy Director (II) VerDate 0ct 09 2002 14:24 Jul 11, 2006 Jkt 027562 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\27562.TXT JACKF PsN: JACKF C O N T E N T S Page Hearing held on February 9, 2006 ......................................................................... 1 Statement of Senator Burns ................................................................................... 41 Statement of Senator Inouye .................................................................................. 1 Statement of Senator Lautenberg .......................................................................... 3 Statement of Senator Lott ...................................................................................... 2 Statement of Senator E. Benjamin Nelson ............................................................ 4 Statement of Senator Stevens ................................................................................ 5 Prepared statement .......................................................................................... 5 WITNESSES Barclay, Charles, President, American Association of Airport Executives ......... 47 Prepared statement .......................................................................................... 49 Berrick, Cathleen A., Director, Homeland Security and Justice Issues, U.S. Government Accountability Office ...................................................................... 11 Prepared statement .......................................................................................... 12 Connors, Bill, Executive Director and Chief Operating Officer, National Busi- ness Travel Association ....................................................................................... 71 Prepared statement .......................................................................................... 72 Hawley, Hon. Edmund ‘‘Kip’’, Assistant Secretary, Transportation Security Administration ..................................................................................................... 6 Prepared statement .......................................................................................... 7 May, James C., President and CEO, Air Transport Association of America, Inc. ......................................................................................................................... 43 Prepared statement .......................................................................................... 44 Sparapani, Timothy D., Legislative Counsel, American Civil Liberties Union .. 58 Prepared statement .......................................................................................... 59 APPENDIX Mitchell, Kevin P., Chairman, Business Travel Coalition, prepared statement 87 Response to Written Questions Submitted by Hon. Ted Stevens to: Cathleen A. Berrick .......................................................................................... 92 Hon. Edmund ‘‘Kip’’ Hawley ............................................................................ 92 Smith, Hon. Gordon H., U.S. Senator from Oregon, prepared statement .......... 87 Sudeikis, CTC, Kathryn W., President, American Society of Travel Agents, letter, dated February 21, 2006, to Hon. Ted Stevens ...................................... 91 (III) VerDate 0ct 09 2002 14:24 Jul 11, 2006 Jkt 027562 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\27562.TXT JACKF PsN: JACKF VerDate 0ct 09 2002 14:24 Jul 11, 2006 Jkt 027562 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\WPSHR\GPO\DOCS\27562.TXT JACKF PsN: JACKF THE TRANSPORTATION SECURITY ADMINISTRATION’S AVIATION PASSENGER PRESCREENING PROGRAMS: SECURE FLIGHT AND REGISTERED TRAVELER THURSDAY, FEBRUARY 9, 2006 U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Committee met, pursuant to notice, at 10:05 a.m. in room SD–562, Dirksen Senate Office Building, Hon. Ted Stevens, Chairman of the Committee, presiding. OPENING STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII Senator INOUYE. The Chairman of this Committee is presently presiding at the U.S. Senate in his capacity as President pro tem- pore, so he sends his regrets he cannot be with you. The TSA has spent hundreds of millions of dollars on Secure Flight, Registered Traveler, and other airline passenger prescreening programs, yet we have been told that there are few tangible improvements in security to show for this investment. With respect to Secure Flight, Congress outlined specific privacy, security, and spending requirements for the agency to meet before moving forward with the program. Despite the TSA’s assurances that it would be operational within the year, Secure Flight has yet to be implemented. The Registered Traveler Program has experienced similar set- backs. The Nation’s air carriers have begun to call into question the necessity of the program. Others have raised concerns about the impact of the program on existing airport screening systems, and have questioned whether or not the program will produce an equitable and more secure program. To date, no one at the TSA has taken responsibility for this, and the lapses have squandered scarce public resources and delayed im- portant security improvements. These programs make sense, in theory, and we know that related technology is available. But will the traveling public ever realize the stated benefits? So, we need a far more candid and honest assessment than we have received thus far, and I look forward to hearing from Mr. Hawley about his next course of action. But before I call upon you, sir, Senator Lott? (1) VerDate 0ct 09 2002 14:24 Jul 11, 2006 Jkt 027562 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\WPSHR\GPO\DOCS\27562.TXT JACKF PsN: JACKF 2 STATEMENT OF HON. TRENT LOTT, U.S. SENATOR FROM MISSISSIPPI Senator LOTT. Thank you, Senator Inouye—‘‘Co-Chairman,’’ I be- lieve is the way we describe your title on this Committee. It’s a real pleasure to see the way you and Senator Stevens work together. I think it’s in the best interest of the Senate, and I wish more people would follow your example. Thank you for being here this morning. I’m looking forward to hearing the witnesses’ testimony we have before us now, and hope- fully even the next panel, even though I do have an Intelligence Committee hearing I must attend. And so, I thank all of you for being here, and I will review your statements that you have. You know, I’m quite often quick to be critical, and I have cer- tainly been critical many, many times, and with lots of justifica- tion, of the TSA. But I think, Mr. Hawley, that you’re trying to get it turned around. I see some small signs of a little common sense kicking in. Not a lot. But that’s the way it works in the Federal Government. Even if you get good, strong leadership at the top, it doesn’t seem to always get all the way down to the people on the ground, or to the gate, in the case of the airlines. But you’ve taken some criticism for the new screening procedures and changes to the prohibited-items list, and I want to make it clear, I think you did the right thing. I think you still haven’t done enough. I don’t know how many of my little pen knives I’m going to have confiscated, but I lost another one this past weekend. So, I just buy ’em by the dozen now. [Laughter.] Senator LOTT. I do realize this is a serious threat to airlines, but I’ve gone from the black ones to the white ones, so I’ve got plenty of them. But you made some little small change. I mean, you’ve got all my little scissors. If you could just send them in a big box, I could probably use them. But you’re trying to do the right thing, and I want you to know that I appreciate it. I appreciate your attitude. And I appreciate the fact that you did something to begin to bring
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