Oversight of the Transportation Security Administration: First Hand and Government Watchdog Accounts of Agency Challenges
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S. Hrg. 114–439 OVERSIGHT OF THE TRANSPORTATION SECURITY ADMINISTRATION: FIRST HAND AND GOVERNMENT WATCHDOG ACCOUNTS OF AGENCY CHALLENGES HEARING BEFORE THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION JUNE 9, 2015 Available via the World Wide Web: http://www.fdsys.gov/ Printed for the use of the Committee on Homeland Security and Governmental Affairs ( U.S. GOVERNMENT PUBLISHING OFFICE 97–353 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing 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 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RON JOHNSON, Wisconsin Chairman JOHN MCCAIN, Arizona THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio CLAIRE MCCASKILL, Missouri RAND PAUL, Kentucky JON TESTER, Montana JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey JONI ERNST, Iowa GARY C. PETERS, Michigan BEN SASSE, Nebraska KEITH B. ASHDOWN, Staff Director MICHAEL LUEPTOW, Investigative Counsel GABRIELLE A. BATKIN. Minority Staff Director JOHN P. KILVINGTON, Minority Deputy Staff Director BRIAN TURBYFILL, Minority Senior Professional Staff Member LAURA W. KILBRIDE, Chief Clerk LAUREN M. CORCORAN, Hearing Clerk (II) C O N T E N T S Opening statements: Page Senator Johnson ............................................................................................... 1 Senator Carper ................................................................................................. 3 Senator Ernst .................................................................................................... 18 Senator Sasse .................................................................................................... 20 Senator Ayotte .................................................................................................. 22 Senator McCaskill ............................................................................................ 24 Senator Baldwin ............................................................................................... 27 Senator Lankford .............................................................................................. 29 Prepared statements: Senator Johnson ............................................................................................... 37 Senator Carper ................................................................................................. 39 WITNESSES TUESDAY, JUNE 9, 2015 Hon. John Roth, Inspector General, U.S. Department of Homeland Security ... 4 Rebecca Roering, Assistant Federal Security Director-Inspections, Transpor- tation Security Administration, U.S. Department of Homeland Security ....... 6 Robert J. MacLean, Federal Air Marshal, Office of Law Enforcement, Federal Air Marshal Service, Transportation Security Administration, U.S. Depart- ment of Homeland Security ................................................................................. 9 Jennifer Grover, Director, Transportation Security and Coast Guard Issues, Homeland Security and Justice Team, U.S. Government Accountability Of- fice ......................................................................................................................... 11 ALPHABETICAL LIST OF WITNESSES Grover, Jennifer: Testimony .......................................................................................................... 11 Prepared statement .......................................................................................... 93 MacLean, Robert J.: Testimony .......................................................................................................... 9 Prepared statement .......................................................................................... 68 Roering, Rebecca: Testimony .......................................................................................................... 6 Prepared statement .......................................................................................... 59 Roth, Hon. John: Testimony .......................................................................................................... 4 Prepared statement .......................................................................................... 45 APPENDIX Prepared statement for the Record from Jason Harrington ................................ 41 Response to post-hearing questions submitted for the Record Mr. Roth ............................................................................................................ 108 Ms. Grover ......................................................................................................... 113 (III) OVERSIGHT OF THE TRANSPORTATION SECURITY ADMINISTRATION: FIRSTHAND AND GOVERNMENT WATCHDOG ACCOUNTS OF AGENCY CHALLENGES TUESDAY, JUNE 9, 2015 U.S. SENATE, COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, Washington, DC. The Committee met, pursuant to notice, at 10:34 a.m., in room SD–342, Dirksen Senate Office Building, Hon. Ron Johnson, Chair- man of the Committee, presiding. Present: Senators Johnson, Lankford, Ayotte, Ernst, Sasse, Car- per, McCaskill, Baldwin, Booker, and Peters. OPENING STATEMENT OF CHAIRMAN JOHNSON Chairman JOHNSON. The Committee will come to order. I want to first welcome our witnesses. Thank you for your very thoughtful testimony that you have provided in written form, and I am looking forward to your oral testimony and your answers to our questions. I do want to point out that this hearing is necessary. I think it is unfortunate that some information was leaked prior to our abil- ity to really completely analyze it. We want to make sure, as we are asking questions, as you are answering questions, that we do not reveal classified or sensitive information to give our enemies in- formation to harm us. But the fact of the matter is if we ever are going to solve any problem—and I have said this repeatedly from this chair—we have to recognize and acknowledge reality. We have to describe it. The purpose of any hearing under my chairmanship is that in the end, following the hearing, every Member on the dais, hopefully every member of the audience, takes the first step in solving any problem, which is admit we have one. And certainly as I have been reading the briefings, I have been thinking about the struggles with the Transportation Security Ad- ministration (TSA) since it was first established, understanding how it has two missions, and they are, by and large, almost com- pletely contradictory. On the one hand, we are looking for 100 percent security to keep not only just airline but all public transportation 100 percent safe and secure. (1) 2 On the other hand, we are looking for complete efficiency so that lines do not back up. We are looking for efficient throughput through the system. It is an enormously complex and difficult task, and because of the leaked information—and, Inspector General John Roth, I have to commend you for your independence, for tak- ing a hard look at this, doing the inspections, the investigations that I think are appropriate. We are finding out that that con- tradictory goal, we are not meeting both of those, not by a long shot. So certainly with Secretary Johnson, with the Inspector General (IG), with the Acting TSA Administrator now, and the TSA nomi- nee, I have had some pretty serious discussions, and I have asked them to completely analyze the problem, start thinking outside the box. We need to look at more effective solutions, and we have to start prioritizing what we can do that is going to improve security in the most effective way. An example I will use is, after September 11, 2001 a pretty sim- ple solution has probably provided us the greatest security so that at least airlines cannot be used as the most efficient weapon, most effective weapon, being able to fly into things like the World Trade Center, and that was just locking the doors and securing the cock- pit door. But we found out with Germanwings that is not a com- plete and total solution either. It creates some unintended con- sequences. So, again, the point I am making is this is an enormously com- plex and difficult issue. We need to approach the solution soberly and honestly and lay the problem out. I would like to, first of all, ask unanimous consent to have my written opening statement entered in the record.1 I would also point out that we had another witness, Mr. Jason Harrington, who is unable to make it due to illness. He was a transportation security officer (TSO) at the Chicago O’Hare Inter- national Airport from 2007 to 2013. He submitted written testi- mony in preparation for this hearing, and so I ask unanimous con- sent to enter his testimony in the record2 as well. But I would like to just read a couple stats that kind of describe the difficult mission of the TSA. TSA is compromised of 46,000 transportation security officers. Twenty percent of the TSA employ- ees are veterans. That is a good thing. I would almost like to see that increased. TSA screens 2 million passengers each day—nearly 160 million every year. That is an enormous challenge and task. TSA screens 1.1 million checked bags and 3 million carry-on bags for explosives and other dangerous items on a daily basis. TSA used more than 700 advanced imaging technology (AIT) machines at airports