[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
THE PUBLIC FACE OF THE TSA: EXAMINING THE AGENCY'S OUTREACH AND
TRAVELER ENGAGEMENT EFFORTS
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON
TRANSPORTATION AND
PROTECTIVE SECURITY
OF THE
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
FEBRUARY 27, 2018
__________
Serial No. 115-50
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
30-484 PDF WASHINGTON : 2018
----------------------------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Publishing Office,
http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center,
U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).
E-mail, [email protected].
COMMITTEE ON HOMELAND SECURITY
Michael T. McCaul, Texas, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Peter T. King, New York Sheila Jackson Lee, Texas
Mike Rogers, Alabama James R. Langevin, Rhode Island
Lou Barletta, Pennsylvania Cedric L. Richmond, Louisiana
Scott Perry, Pennsylvania William R. Keating, Massachusetts
John Katko, New York Donald M. Payne, Jr., New Jersey
Will Hurd, Texas Filemon Vela, Texas
Martha McSally, Arizona Bonnie Watson Coleman, New Jersey
John Ratcliffe, Texas Kathleen M. Rice, New York
Daniel M. Donovan, Jr., New York J. Luis Correa, California
Mike Gallagher, Wisconsin Val Butler Demings, Florida
Clay Higgins, Louisiana Nanette Diaz Barragan, California
John H. Rutherford, Florida
Thomas A. Garrett, Jr., Virginia
Brian K. Fitzpatrick, Pennsylvania
Ron Estes, Kansas
Don Bacon, Nebraska
Brendan P. Shields, Staff Director
Steven S. Giaier, Deputy General Counsel
Michael S. Twinchek, Chief Clerk
Hope Goins, Minority Staff Director
------
SUBCOMMITTEE ON TRANSPORTATION AND PROTECTIVE SECURITY
John Katko, New York, Chairman
Mike Rogers, Alabama Bonnie Watson Coleman, New Jersey
Clay Higgins, Louisiana William R. Keating, Massachusetts
Brian K. Fitzpatrick, Pennsylvania Donald M. Payne, Jr., New Jersey
Ron Estes, Kansas Bennie G. Thompson, Mississippi
Michael T. McCaul, Texas (ex (ex officio)
officio)
Kyle D. Klein, Subcommittee Staff Director
C O N T E N T S
----------
Page
Statements
The Honorable John Katko, a Representative in Congress From the
State of New York, and Chairman, Subcommittee on Transportation
and Protective Security:
Oral Statement................................................. 1
Prepared Statement............................................. 2
The Honorable Bonnie Watson Coleman, a Representative in Congress
From the State of New Jersey, and Ranking Member, Subcommittee
on Transportation and Protective Security:
Oral Statement................................................. 3
Prepared Statement............................................. 5
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Prepared Statement............................................. 5
Witnesses
Ms. Christine Griggs, Acting Assistant Administrator, Civil
Rights and Liberties, Ombudsman and Traveler Engagement,
Transportation Security Administration, U.S. Department of
Homeland Security:
Oral Statement................................................. 6
Joint Prepared Statement....................................... 8
Ms. Stacey Fitzmaurice, Deputy Assistant Administrator, Office of
Security Operations, Transportation Security Administration,
U.S. Department of Homeland Security:
Oral Statement................................................. 11
Joint Prepared Statement....................................... 8
Ms. Harper Jean Tobin, Director of Policy, National Center for
Transgender Equality:
Oral Statement................................................. 13
Prepared Statement............................................. 15
For the Record
The Honorable Bonnie Watson Coleman, a Representative in Congress
From the State of New Jersey, and Ranking Member, Subcommittee
on Transportation and Protective Security:
Statement of Ian Watlington, National Disability Rights Network 27
Letter From Guidedog.org....................................... 28
Letter From the Electronic Privacy Information Center.......... 29
Appendix
Questions From Chairman John Katko for the Transportation
Security Administration........................................ 33
Questions From Ranking Member Bonnie Watson Coleman for the
Transportation Security Administration......................... 35
THE PUBLIC FACE OF THE TSA: EXAMINING THE AGENCY'S OUTREACH AND
TRAVELER ENGAGEMENT EFFORTS
----------
Tuesday, February 27, 2018
U.S. House of Representatives,
Subcommittee on Transportation
and Protective Security,
Committee on Homeland Security,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:10 a.m., in
room HVC-210, Capitol Visitor Center, Hon. John Katko (Chairman
of the subcommittee) presiding.
Present: Representatives Katko, Estes, Higgins, and Watson
Coleman.
Mr. Katko. The Committee on Homeland Security, Subcommittee
on Transportation and Protective Security will come to order.
The subcommittee is meeting today to examine TSA's efforts
to effectively engage with the traveling public in a manner
that is positive, respectful, and leads to the success of the
agency's mission to secure the aviation system from threats. I
now recognize myself for an opening statement.
For most Americans, TSA is the most visible component of
the Department of Homeland Security and the only Homeland
Security component which they regularly interact with. By
screening over 2 million passengers per day, TSA is constantly
interacting with a diverse array of individuals, all of whom
are worthy of the utmost respect, efficiency, and security.
Over the course of its history, TSA has had to at times
swiftly implement new security measures in response to changing
threats. Other times, the agency has sought to gradually adjust
operations to improve effectiveness and efficiency. In both
cases, TSA has often struggled to communicate clearly with the
traveling public. Lack of stakeholder engagement has led to
confusion among travelers, airports, air carriers, and even
TSA's own front-line personnel.
For example, in recent months, TSA began implementing new
screening procedures for passenger's accessible property at the
checkpoint. This new procedure, called Enhanced Accessible
Property Screening, or EAPS, was met with some confusion and
frustration, as travelers did not understand the reasoning
behind TSA's new procedures.
The reality is that the success of TSA's mission rises and
falls on the agency's ability to consistently apply proven
security measures across the aviation system. This cannot be
done without soliciting the public's feedback, identifying and
responding to the traveling public's needs, and learning how to
effectively communicate with the traveling public.
While TSA has, indeed, struggled in terms of communicating
security information, the agency has experienced a measure of
success in leveraging the power of social media to engage
travelers. For example, TSA's own Instagram account has nearly
a million followers--I wish I had that--and has been heralded
by media outlets across the country for its interesting and at
times even comical content. This account helps raise public
awareness on aviation security surrounding explosives trace
detection canines, prohibited items, checkpoint processes, and
TSA PreCheck. TSA's social media presence has been called one
of the best in the Federal Government and plays an important
role in communicating information to travelers.
Additionally, TSA's own AskTSA initiative has greatly
improved the public's ability to quickly and easily ask
questions about what items they can or cannot bring in their
carry-on or checked baggage. TSA has also made improvements
through its TSA Cares program, which allows passengers to call
ahead and arrange for assistance at the security checkpoint, in
order to minimize confusion and improve the experience for
passengers who may need extra help navigating checkpoint
processes and procedures. These methods for improving public
engagement go a long way in transforming the passenger
experience into one that is less stressful and yet more secure.
It is incumbent upon TSA to view the traveling public as a
partner in security and leverage that partnership in a manner
that is collaborative and positive. I look forward to hearing
what TSA is doing to further make improvements in public
engagement, while protecting passenger's civil rights and
liberties and respecting everyone with whom TSA personnel
interact.
While passenger experiences with TSA should be positive
from a public service perspective, at the end of the day,
effective public engagement has a direct impact on security and
TSA's mission to protect transportation system.
We cannot stay ahead of evolving threats or ensure the free
movement of goods and people without effectively engaging
traveling Americans and keeping them aware of the importance of
TSA's mission. The key drivers of this must be mutual
communication, cooperation, and respect.
I thank the witnesses for agreeing to appear before the
subcommittee today, and I look forward to your testimony.
[The statement of Chairman Katko follows:]
Statement of Chairman John Katko
February 27, 2018
The subcommittee is meeting today to examine TSA's efforts to
effectively engage with the traveling public in a manner that is
positive, respectful, and leads to the success of the agency's mission
to secure aviation security from threats.
For most Americans, TSA is the most visible component of the
Department of Homeland Security and the only DHS component with which
they regularly interact. By screening over 2 million passengers per
day, TSA is constantly interacting with a diverse array of
individuals--all of whom are worthy of the utmost respect, efficiency,
and security.
Over the course of its history, TSA has had to--at times--swiftly
implement new security measures in response to changing threats. Other
times, the agency has sought to gradually adjust operations to improve
effectiveness and efficiencies. In both cases, TSA has often struggled
to communicate clearly to the traveling public.
Lack of stakeholder engagement has led to confusion among
travelers, airports, air carriers, and even TSA's own front-line
personnel. For example, in recent months, TSA began implementing new
screening procedures for passenger's accessible property at the
checkpoint. This new procedure, called Enhanced Accessible Property
Screening, or EAPS, was met with some confusion and frustration, as
travelers did not understand the reasoning behind TSA's new procedures.
The reality is that the success of TSA's mission rises and falls on
the agency's ability to consistently apply proven security measures
across the aviation system. This cannot be done without soliciting the
public's feedback, identifying and responding to the traveling public's
needs, and learning how to effectively communicate with the traveling
public.
While TSA has, indeed, struggled in terms of communicating security
information, the agency has experienced a measure of success in
leveraging the power of social media to engage travelers. For example,
TSA's own Instagram account has nearly a million followers and has been
heralded by media outlets across the country for its interesting and--
at times--even comical content.
This account helps raise public awareness on aviation security
surrounding explosives trace detection canines, prohibited items,
checkpoint processes, and TSA PreCheck. TSA's social media presence has
been called one of the best in the Federal Government, and plays an
important role in communicating information to travelers. Additionally,
TSA's own AskTSA intiative has greatly improved the public's ability to
quickly and easily ask questions about what items they can or cannot
bring in their carry-on or checked baggage.
TSA has also made improvements through its TSA Cares program, which
allows passengers to call ahead and arrange for assistance at the
security checkpoint, in order to minimize confusion and improve the
experience for passengers who may need extra help navigating checkpoint
processes and procedures. These methods for improving public engagement
go a long way in transforming the passenger experience into one that is
less stressful, and yet, more secure.
It is incumbent upon TSA to view the traveling public as partners
in security, and leverage that partnership in a manner that is
collaborative and positive. I look forward to hearing what TSA is doing
to further make improvements in public engagement, while protecting
passenger's civil rights and liberties and respecting everyone with
whom TSA personnel interact.
While passenger experiences with TSA should be positive from a
public service perspective, at the end of the day, effective public
engagement has a direct impact on security and TSA mission to protect
transportation.
We cannot stay ahead of evolving threats or ensure the free
movement of goods and people without effectively engaging traveling
Americans and keeping them aware of the importance of TSA's mission.
The key drivers of this must be mutual communication, cooperation, and
respect. I thank the witnesses for agreeing to appear before the
subcommittee today, and I look forward to your testimony.
Mr. Katko. I am pleased to recognize the Ranking Member of
this subcommittee, the gentlelady from New Jersey, my friend,
Ms. Watson Coleman, for her opening statement.
Mrs. Watson Coleman. I want to thank you, Chairman Katko,
for holding today's hearing and thank you to our witnesses for
being here today to share your expertise with us.
I have the special privilege of welcoming my niece,
Christine Griggs, who was called by the majority today to
testify on behalf of the Transportation Security
Administration.
Today's topic is an important one. TSA is perhaps the most
public-facing agency of the Federal Government, interacting
with over 2 million passengers daily at more than 440 airports
across the Nation. TSA has a no-fail mission, as a single
passenger allowed through with a weapon has the potential to
cause great harm.
At the same time, a single poor interaction at a checkpoint
at which a passenger is disrespected, abused, or discriminated
against has the potential to damage the TSA's reputation
through negative media attention. Doing the right thing 2
million times every day without a single failure requires
vigilance of a well-trained and dedicated work force.
TSA officers do a tremendous job under extremely difficult
circumstances, and TSA leadership must continue to put them in
a position to succeed. For the work force to be able to do its
job, TSA must develop procedures that are effective as both
security and passenger facilitation standpoints. This is why
TSA's public engagement efforts are so very critical.
TSA has made significant progress in expanding those
efforts in recent years. It has convened groups that represent
a wide range of passenger populations and provide TSA with
feedback on its programs and policies such as the Disability
and Medical Condition Coalition and the Multicultural
Coalition.
Many of the groups that engage with TSA, such as the
National Center for Transgender Equality, provide critical
perspective that can inform training that TSA provides to its
officers. TSA has also expanded its social media presence,
providing a mechanism for rapid response to passengers with
questions or complaints about the screening process.
While I commend TSA for its efforts, I believe more can and
must be done. Too many passengers are still left feeling
frustrated and singled out by TSA procedures. Transgender
passengers are subjected to an inordinate number of alarms from
technology that is unable to screen them effectively.
Individuals with certain disabilities or medical conditions
experience regular delays. And racial and religious minorities
are left wondering whether their random selection for
additional screening was truly random.
As a National organization representing transgender
Americans put it in a March 2017 letter to TSA, engagement that
is limited to educating the public and addressing the personnel
side of the screening experience fails to address the privacy,
civil rights, and civil liberties issues inherent in current
screening technology.
My main question for TSA today is whether it can move
beyond its current engagement efforts to better incorporate
feedback from the public into its process for developing new
procedures for trends and technologies. I recognize the
severity of the terrorist threat TSA faces. I also recognize
the need to protect specific procedures from public disclosure,
which significantly hampers TSA's public engagement efforts.
Continuing to improve TSA's screening operations to better
account for passenger needs while facing an evolving threat
landscape will not be easy, but the American public deserves
nothing less. I look forward to hearing from our witnesses
today about the challenges they face, their ideas for the
future, and how we can be helpful.
Again, I thank the Chairman for convening this hearing, and
I yield back the balance of my time.
[The statement of Ranking Member Watson Coleman follows:]
Statement of Ranking Member Bonnie Watson Coleman
February 27, 2018
Today's topic is an important one. TSA is, perhaps, the most
public-facing agency of the Federal Government, interacting with over 2
million passengers daily at more than 440 airports across the country.
TSA has a no-fail mission, as a single passenger allowed through
with a weapon has the potential to cause great harm.
At the same time, a single poor interaction at the checkpoint, in
which a passenger is disrespected, abused, or discriminated against,
has the potential to damage TSA's reputation through negative media
attention.
Doing the right thing 2 million times every day without a single
failure requires vigilance of a well-trained and dedicated workforce.
TSA officers do a tremendous job under extremely difficult
circumstances, and TSA leadership must continue to put them in a
position to succeed. For the workforce to be able to do its job, TSA
must develop procedures that are effective as both security and
passenger facilitation standpoints.
That is why TSA's public engagement efforts are so critical. TSA
has made significant progress in expanding those efforts in recent
years.
TSA has convened groups that represent a wide range of passenger
populations and provide TSA with feedback on its programs and policies
such as the Disability and Medical Condition Coalition and the
Multicultural Coalition.
Many of the groups that engage with TSA, such as the National
Center for Transgender Equality, provide critical perspective that can
inform training that TSA provides to its officers.
TSA has also expanded its social media presence, providing a
mechanism for rapid response to passengers with questions or complaints
about the screening process.
While I commend TSA for its efforts, I believe more can and must be
done. Too many passengers are still left feeling frustrated and singled
out by TSA's procedures.
Transgender passengers are subjected to an inordinate number of
alarms from technology that is unable to screen them effectively.
Individuals with certain disabilities or medical conditions experience
regular delays.
And racial and religious minorities are left wondering whether
their ``random'' selection for additional screening was truly random.
As the national organization representing transgender Americans put
it in a March 2017 letter to TSA, ``engagement that is limited to
educating the public and addressing the personnel side of the screening
experience fails to address the privacy, civil rights, and civil
liberties issues inherent in current screening technology.''
My main question for TSA today is whether it can move beyond its
current engagement efforts to better incorporate feedback from the
public into its processes for developing new procedures and
technologies.
I recognize the severity of the terrorist threat TSA faces. I also
recognize the need to protect specific procedures from public
disclosure, which significantly hampers TSA's public engagement
efforts.
Continuing to improve TSA screening operations to better account
for passenger needs while facing an evolving threat landscape will not
be easy, but the American public deserves no less.
I look forward to hearing from our witnesses today about the
challenges they face, their ideas for the future, and how we can be
helpful.
Mr. Katko. Thank you, Mrs. Watson Coleman. Other Members of
the subcommittee are reminded that opening statements may be
submitted for the record.
[The statement of Ranking Member Thompson follows:]
Statement of Ranking Member Bennie G. Thompson
February 27, 2018
The TSA screener workforce has a complex security mission, with
more than 2 million passengers traveling through security checkpoints
on any given day. As threats evolve, so do TSA's security measures.
Given the volume of passengers and the frequency with which
security screening procedures change, it is critical that TSA
communicates effectively with the flying public.
In the years since TSA was established, Americans have experienced
a wide range of changes to the checkpoint screening experience.
Passengers have had to remove shoes, carry smaller containers of
liquids, undergo hand-swabbing, go through body scanners, and be
subject to a host of other security protocols.
TSA has established a number of platforms to try to improve
information sharing and outreach to the flying public, but more needs
to be done to improve not only information sharing but also the
screening experience.
Indeed, while today's hearing is mainly focused on improving
communications with the public, how the public perceives TSA comes down
to what passengers experience at the checkpoint.
I have long had concerns about TSA's behavioral detection program
and the potential for discriminatory treatment. As the GAO has
repeatedly observed, TSA has never been able to effectively validate
its program as an effective security measure through peer-reviewed
scientific evidence.
Yet today, TSA trains its entire workforce on behavior detection
practices. These practices open the door to racial profiling and sow
distrust and resentment among the traveling public.
As for communicating with the traveling public about its security
procedures, TSA must do a better job across the board and particularly
with populations disproportionately affected. For example, in 2017, TSA
took two important steps to improve security for aviation--a temporary
laptop ban and changing divestment procedures.
While both changes stepped up security, they caused concern for
passengers who were unsure what procedures they would undergo and
whether they would be forced to leave their electronic devices at the
checkpoint.
I want to encourage TSA to continue its engagement with
stakeholders and passengers to communicate policies and procedures and
solicit feedback. TSA must become a nimble organization able to adjust
its policies based on feedback it receives.
While TSA cannot make sure every passenger is always 100 percent
satisfied, TSA can ensure that no passengers are discriminated against
as a result of its procedures. I look forward to today's conversation
on how TSA can continue to improve its engagement with the public.
Mr. Katko. We are grateful to have a very distinguished
panel here today to testify. Let me remind the witnesses that
your entire written statement will appear in the record so
there is no need to re-read the whole thing if you don't want
to.
Our first witness, Ms. Christine Griggs, serves as acting
assistant administrator for civil rights and liberties,
ombudsman and travel engagement at the Transportation Security
Administration. The first question I have for you is, how do
you fit that title on one business card?
Her office is responsible for ensuring that TSA employees
and the traveling public are treated in a fair and lawful
manner consistent with Federal laws and regulations protecting
privacy. Mission-critical duties include affording redress,
governing freedom of information, prohibiting discrimination
and reprisal, while promoting diversity and inclusion. Ms.
Griggs began working with TSA in 2002.
The Chair now recognizes Ms. Griggs for her opening
statement.
STATEMENT OF CHRISTINE GRIGGS, ACTING ASSISTANT ADMINISTRATOR,
CIVIL RIGHTS AND LIBERTIES, OMBUDSMAN AND TRAVELER ENGAGEMENT,
TRANSPORTATION SECURITY ADMINISTRATION, U.S. DEPARTMENT OF
HOMELAND SECURITY
Ms. Griggs. Good morning, Chairman Katko, Ranking Member
Watson Coleman, and distinguished Members of the subcommittee.
Thank you for the opportunity to appear before you to discuss
the TSA's approach to public engagement.
As the acting assistant administrator for TSA's Office of
Civil Rights and Liberties, traveler engagement ombudsman, I am
responsible for overseeing the office charged with engaging a
number of groups, as well as the general public, to ensure that
various passenger constituencies are well-represented in our
policy deliberations. This includes the Traveler Engagement
Division, which develops and implements policies and procedures
regarding the DHS Traveler Redress Inquiry Program, the DHS
Contact Center, and the Disability, Multicultural and Customer
Service Branches, as well as the Ombudsman Division, which
provides neutral, informal, and confidential problem resolution
services to the public for issues, concerns, and conflicts
involving TSA policies and procedures.
Integral to TSA's success in carrying out our critical
airport security screening function is our ability to
communicate with and understand our audiences. TSA is engaged
in a multifaceted approach to improve our ability to
communicate with the public through a variety of forums,
including one-on-one engagement with our TSOs, public forums,
social media, and the internet.
In fiscal year 2017, the TSA contact center responded to
more than 601,000 inquiries by phone or e-mail. The TCC answers
questions about the checkpoint experience, addresses complaints
or concerns, and serves as the intake point for travelers who
need information about TSA PreCheck, DHS traveler redress, or
their civil rights and civil liberties, among other topics.
Reflective of the progress TSA is making in this effort, in
fiscal year 2017, the TCC experienced a 14 percent decrease in
the rate of complaints, despite a 3 percent increase in
passenger throughput. While there are many reasons for this
improvement, a key element of our success involves outreach. In
TSA's earliest days, we reached out to community
representatives to help us understand the traveling public's
needs and concerns.
As a result of that outreach was the establishment of TSA's
Disability and Medical Condition Coalition and the TSA
Multicultural Coalition. These coalitions represent a wide
spectrum of travelers, including Muslims, Native Americans,
persons with ostomies, mothers traveling with breast milk,
transgender individuals, people who use wheelchairs, and
others.
One example of the positive outcome from such engagement is
our work within the Sikh community which resulted in a change
in TSA's screening procedures. By taking into consideration the
religious sensitivities of this community, TSA now allows Sikh
passengers to pat down their own religious headwear and then
submit their hands for additional screening.
Another example is our work to secure civil rights
equities, including disability, transgender, and headwear, in
the next broad agency announcement to industry to acquire
improved people, process, and technology screening solutions.
In late 2016, my team met with the innovation task force to
discuss this broad agency announcement. This coincided with our
work with the transgender community and their on-going concerns
that TSA's technology systems are binary and can be problematic
for transgender travelers at the security checkpoint.
As a result, the broad agency announcement TSA issued in
early 2017 to solicit technology ideas from industry now
includes civil rights equities which should promote
improvements to screening of persons with disabilities,
screening of headwear, and screening of transgender passengers.
Another way TSA engages with the public is through TSA
Cares, which was established in 2011 and provides a toll-free
hotline that enables travelers to ask questions about screening
policies, procedures, and what to expect at the security
checkpoint. TSA saw an 11 percent call volume increase in
fiscal year 2017 for TSA Cares assistance. Last year, we also
began a TSA Cares video series to help better inform travelers
of what to expect during the screening process.
Our other key link to the public is through our social
media presence, which has continued to grow. Our social media
efforts aim to showcase TSA's screening efforts, canines,
packing tips, and initiatives that help to increase awareness.
Our Instagram account, which highlights the prohibited items,
has more than 840,000 followers. We have also continued our
commitment to customer service by helping passengers in real
time 365 days a year through @asktsa, which is our social care
team that monitors Twitter and Facebook. To date, we have
received more than 450,000 questions from the traveling public
through @asktsa.
In closing, with the ever-increasing number of screening
interactions TSA has every day, we recognize our ability to
communicate effectively with all of our stakeholders is
crucial. Thank you for the opportunity to testify before you
today. I look forward to your questions.
[The joint prepared statement of Ms. Griggs and Ms.
Fitzmaurice follows:]
Joint Prepared Statement of Christine Griggs and Stacey Fitzmaurice
February 27, 2018
Good afternoon Chairman Katko, Ranking Member Watson Coleman, and
distinguished Members of the subcommittee. Thank you for the
opportunity to appear before you to discuss the Transportation Security
Administration's (TSA) approach to public engagement. TSA appreciates
the committee's interest in how we engage our most important
stakeholders--the traveling public--and looks forward to sharing our
various efforts to keep them informed on security procedures. Through
TSA's Office of Civil Rights and Liberties, Ombudsman and Traveler
Engagement, we work closely with a number of groups to ensure that
various passenger constituencies are well-represented in our policy
deliberations. Similarly, our Office of Security Operations engrains
within our Transportation Security Officer (TSO) workforce the
importance of effectively communicating requirements and processes to
travelers during the screening process.
TSA's daily interaction with the public far exceeds that of many
other Government agencies. For example, on an average day in 2017, TSA
Transportation Security Officers came in contact with about 2.4 million
travelers at one of more than 440 Federalized airports Nation-wide.
These travelers are all unique individuals of various backgrounds and
ability, and many are stressed or unfamiliar with the airport screening
process. Additionally, every day TSA screens 1.2 million checked bags
and 4.4 million carry-on bags. TSA applies a range of screening
processes to address a very real, persistent, and adapting threat to
ensure the traveling public and our transportation systems are secure.
With a workforce spread from Maine to the Mariana Islands,
screening such a large volume of travelers and fulfilling our vital
National security function while meeting the varied needs of the
traveling public can be a challenge. It is our duty to keep travelers
safe and secure. And it is also our duty to treat every traveler with
dignity and respect. We would be remiss to not acknowledge the
tremendous efforts of TSA's front-line workforce in carrying out our
security mission and our civil rights mandate with integrity,
commitment, and vigilance every day.
Integral to TSA's success and ability to carry out its critical
airport security screening function in a seamless manner is our ability
to communicate with and understand our audiences. TSA is engaged in a
multi-faceted approach to improve its ability to communicate with both
the public and our front-line workforce--communication that involves
both conveying and receiving information. TSA's efforts have focused on
educating the public on our processes through a variety of forms,
including one-on-one engagement opportunities between the public and
our TSOs, public forums, social media platforms, and the internet.
We are focused on ensuring our TSOs are aware of the diverse needs
of travelers, sensitive to cultural differences, and able to
effectively carry out screening requirements. To train TSOs in these
screening processes, TSA established the TSA Academy in early 2016. TSA
new-hire training is now conducted at the TSA Academy in the Federal
Law Enforcement Training Center (FLETC) in Glynco, Georgia--a move that
centralizes training for new employees, which previously was conducted
locally at U.S. airports. While at FLETC, TSA student officers train at
replica checkpoints involving real-world scenarios such as social
engineering tactics, screening individuals with disabilities, and how
to effectively implement alarm resolution procedures.
TSA is also committed to affording travelers with multiple
mechanisms to provide feedback, and uses that information to improve
performance. Reflective of the progress TSA is making in this effort,
in fiscal year 2017 the TSA Contact Center (TCC) experienced a 14
percent decrease in the rate of complaints despite a 3 percent increase
in passenger throughput.
While TSA is pleased with this positive trend, we are focused on
continuous improvement and ensuring we continue to communicate
effectively at all levels of the organization. Outreach and engagement
to educate the traveling public and better understand their needs is a
priority and manifests itself in the multiple on-going programs and
efforts listed below:
In TSA's earliest days, we reached out to community
representatives to help us understand the traveling public's
needs and concerns. A result of that outreach was the
establishment of the TSA Disability and Medical Condition
Coalition and the TSA Multicultural Coalition. These coalitions
represent a wide spectrum of travelers including Muslims,
Native Americans, persons who have ostomies, mothers traveling
with breast milk, transgender individuals, people who use
wheelchairs, and others. We also host an annual conference with
those coalitions in Arlington, Virginia, to update our members
on TSA processes and procedures, hear concerns and feedback,
and answer questions.
An example of the positive outcome from such engagement is
our work with the Sikh community, which resulted in a change in
TSA's screening procedures. By taking into consideration the
religious sensitivities of this community, TSA now allows Sikh
passengers to pat-down their own religious headwear and then
submit their hands for additional screening. The change in
procedure reduces the need for the TSO to touch the passenger
or for the removal of the passenger's turban. This example
demonstrates how our continued engagement efforts with a
stakeholder can result in positive changes to our screening
procedures that factor in multicultural, religious, and
personal sensitivities, but also maintain our strong dedication
to security.
TSA Cares was established in 2011 and provides a toll-free
hotline that enables travelers to ask questions about screening
policies, procedures, and what to expect at the security
checkpoint. The hotline is available Monday-Friday, 8 o'clock
a.m. until 11 o'clock p.m., and on weekends and holidays from 8
o'clock a.m. until 9 o'clock p.m. Originally designed for
travelers with disabilities and medical conditions, TSA Cares
is now available to other travelers who need additional
assistance at the airport/checkpoint. TSA promotes TSA Cares
through the TSA website and interactions with the Disability
and Medical Condition and Multicultural Coalitions. Also, when
a traveler demonstrates a need for assistance, TSOs advise them
of the program during the screening process. TSA saw an 11
percent call volume increase in fiscal year 2017.
Last year, we began a TSA Cares video series to educate and
proactively engage travelers with disabilities or medical
conditions before arriving at the airport. These videos,
available on the Travel Tips page of the TSA website, help
better inform travelers of what to expect during the security
screening process when traveling with special circumstances,
medical devices, equipment, or medication. To date, we have
developed three videos, in collaboration with National advocacy
groups and organizations, focused on screening processes for
transgender travelers, persons undergoing cancer treatment, and
individuals traveling with medication and medical devices.
Currently, we are working in partnership with a Nationally-
renowned autism organization to develop a video to assist
people with developmental and intellectual disabilities.
TSA's Passenger Support Specialist program, also known as
PSS, is designed to provide specially-trained individuals to
resolve traveler-related screening concerns immediately and in-
person, enhance the traveler experience, and maintain
efficiency in carrying out our mission. The PSS provides in-
person, on-the-point assistance to passengers requesting help
with the screening process by assisting individuals with
medical conditions or disabilities get through the screening
process as well as responding to requests for assistance
submitted through the National TSA Cares help-line. TSA has
over 2,250 trained PSS personnel assigned throughout the more
than 440 Federalized airports.
Training for TSOs is conducted at the TSA Academy and in
airport settings to facilitate a better understanding of a
diverse array of passenger needs. Some issues of focus include
the screening of cancer survivors, passengers with ostomies,
passengers on the autism spectrum, sexual trauma survivors,
passengers with prosthetics, and travelers who are sensitive or
averse to touch. Of interest to cultural and religious
communities, we have collaborated on awareness and training on
topics that include but are not limited to Christianity,
Hinduism, Islam, Judaism, Sikhism, transgender issues, language
access, and Native American issues.
In fiscal year 2017, the TCC responded to more than 601,000
inquiries by phone or email. The TCC answers questions about
the checkpoint experience, addresses complaints or concerns,
and serves as the intake point for travelers who need
information about the TSA PreCheck program, DHS Traveler
Redress Inquiry Program, or civil rights and civil liberties
protections, among many other topics.
TSA's social media presence has continued to grow. Our
Instagram account--which highlights the prohibited items that
are intercepted at the checkpoint--has more than 840,000
followers and in 2017 was 1 of 5 nominees for two prestigious
Webby Awards, the international award honoring excellence on
the internet. Our social media efforts showcase TSA's screening
efforts, canines, packing tips, and initiatives that help to
increase traveler awareness. In addition, TSA's main Twitter
account shared 1,200 tweets in 2017, resulting in more than 31
million impressions and over 207,000 followers. Through
Twitter, we focus on providing resources that will be most
useful to passengers, to include TSA PreCheck information, TSA
policy or procedure updates (via press release links),
innovation information, major event information (e.g., Super
Bowl), and AskTSA promotion.
In 2017, TSA's blog generated 73 posts, with more than 3.5
million page views. The blog includes information to help
address passenger concerns, a weekly highlight of intercepted
firearms, travel tips, and serves as a platform to communicate
new policies and initiatives. In November 2017, TSA officially
launched a Facebook page and broadcasted its first Ask Me
Anything on Facebook Live with more than 5,000 views. The Ask
Me Anything series allows viewers to ask questions directly of
TSA subject-matter experts.
Through AskTSA, our social care team that monitors the
@AskTSA Twitter and Facebook messenger accounts to address
passenger inquiries, we continued our commitment to customer
service by helping passengers in real-time, 365 days a year. To
date, TSA has received and responded to more than 450,000
questions from the traveling public via its AskTSA Twitter and
Facebook Messenger accounts. This includes responding to more
than 110,000 questions on what passengers can bring on a plane,
more than 33,000 inquiries on TSA PreCheck including Known
Traveler Number resolution, and more than 12,000 responses to
help passengers with disabilities and medical conditions with
the security screening process.
TSA's customer-centric, mobile-compliant website, TSA.gov,
gets more than 7 million page views each month. The agency app,
MyTSA, was completely overhauled last year, adding features
such as TSA PreCheck checkpoint hours, a graph predicting how
busy airport checkpoints will be based on historical data, live
assistance with AskTSA, and a searchable database of items that
can be placed in carry-on and checked baggage. All these
efforts aim to make the traveling process transparent and
understandable to the public.
TSA increased its YouTube presence in 2017 with more than 20
new videos, ranging from travel tips to interviews, and
received a total of 1,638,616 views (1.5 percent increase from
2016). We aim to inform and educate travelers about TSA's
screening policies and procedures to better prepare them for
the screening process.
Finally, as we continue to raise the baseline of aviation
security, communicating changes to procedures is critical to
protect travelers and the transportation systems. For example,
last summer TSA implemented new security measures for carry-on
baggage that require travelers to place all personal
electronics larger than a cell phone in bins for X-ray
screening in standard lanes. TSOs serving as Divestiture
Officers provide a critical ``face-to-face'' element for
implementing those procedures by communicating the requirements
to travelers at the checkpoint, answering their questions, and
preparing them for the subsequent screening process.
Additionally, TSA utilized traditional media, social media, and
industry partners to inform the public about the changes to
better prepare travelers for the checkpoint security process.
We were also able to field questions in real-time through
AskTSA, receiving instant feedback from passengers and
providing quick resolution to concerns resulting from the
changes in security.
In closing, today's threat environment is more dynamic, more
profound, and more complex than ever before. With the ever-increasing
number of screening interactions TSA has every day, many of which
involve travelers with unique needs, communication is more important
than ever. As we execute our critically important transportation
security mission, we remain committed to doing so in a manner that is
respectful, dignified, and professional. We believe our efforts to
engage, educate, and learn from the public are showing positive
results. TSA remains committed to continuing these types of efforts in
the future.
Thank you for the opportunity to testify before you today. We look
forward to your questions.
Mr. Katko. Thank you very much, Ms. Griggs, and I
appreciate you being here today and your testimony.
The next witness is Ms. Stacey Fitzmaurice. Ms. Fitzmaurice
currently serves as a deputy assistant administrator for the
Office of Security Operations at TSA and is responsible for
overseeing risk-based adaptive security measures at airports
Nation-wide. She previously served as a deputy assistant
administrator for TSA's Office of Intelligence and Analysis and
has also contributed to the mission of U.S. Customs and Border
Protection as the acting director of new targeting programs
within the National Targeting Center.
Ms. Fitzmaurice is a graduate of the DHS Senior Executive
Service candidate development program, as well as Elon
University. The Chair now recognizes Ms. Fitzmaurice for her
opening statement.
STATEMENT OF STACEY FITZMAURICE, DEPUTY ASSISTANT
ADMINISTRATOR, OFFICE OF SECURITY OPERATIONS, TRANSPORTATION
SECURITY ADMINISTRATION, U.S. DEPARTMENT OF HOMELAND SECURITY
Ms. Fitzmaurice. Good morning, Chairman Katko, Ranking
Member Watson Coleman, and distinguished Members of the
subcommittee. Thank you for the opportunity to appear before
you to discuss how the Transportation Security Administration
engages with our most important stakeholder, the traveling
public, and our various efforts to keep them informed on
security procedures.
As the deputy assistant administrator of TSA's Office of
Security Operations, I am responsible for helping oversee the
domestic operational arm of TSA, which secures the Nation's
transportation infrastructure and screens all commercial
airline passengers, baggage, and cargo. OSO represents the
front line of physical security screening operations with our
transportation security officers serving as our primary
interface with the public.
On an average day in 2017, our officers are in contact with
about 2.4 million travelers at more than 440 Federalized
airports Nation-wide. With the work force spread from Maine to
the Mariana Islands, screening such a large volume of travelers
and fulfilling our vital National security function, while
meeting the varied needs of the traveling public can be a
challenge. It is our duty to keep travelers safe and secure,
and it is also our duty to treat every traveler with dignity
and respect.
Despite these challenges, we remain focused on ensuring our
TSOs are aware of the diverse need of travelers, sensitive to
cultural differences, and able to effectively carry out
screening requirements. To train TSOs in these screening
processes, TSA established the TSA academy in early 2016. TSA
new hire training is now conducted at the Federal Law
Enforcement Training Center, or FLETC, down in Glynco, Georgia,
a move that centralizes training for new employees, which was
previously held at U.S. airports.
While at FLETC, TSA student officers train at replica
checkpoints involving real-world scenarios, such as social
engineering tactics, screening individuals with disabilities,
and how to effectively implement alarm resolution procedures.
This training allows the TSOs to develop a better understanding
of a diverse array of passenger needs.
TSOs also play a critically important role in ensuring
travelers are educated about and prepared for the screening
process. Last summer, as part of a continued effort to raise
the baseline of aviation security, TSA implemented new security
measures for carry-on baggage that required travelers to place
all personal electronics larger than a cellphone in bins for X-
ray screening in standard lanes.
In implementing those procedural changes, TSOs designated
as diversification officers provide a critical face-to-face
element and communicate the requirements to travelers at the
checkpoint, answer questions from the travelers, and prepare
them for the subsequent screening process.
Complementing and supplementing such efforts, TSA utilized
traditional media, social media, and industry partners to
inform the public about the changes to better prepare travelers
for the checkpoint security process. We were also able to field
questions in real-time through @asktsa receiving instant
feedback from passengers and providing quick resolution to
concerns resulting from the changes in security.
In closing, today's threat environment is more dynamic,
more profound, and more complex than ever before. As threats
evolve, we must adapt to our adversaries, which necessitates
changes to policies and procedures at the checkpoints.
As these processes change and adapt, we must ensure that we
effectively communicate to the public so that travelers know
what to expect, which supports for an efficient screening
experience. Additionally, we remain committed to receiving
feedback from travelers and where possible adjusting our
processes to better meet individual needs, while still
achieving our security objectives.
Thank you for the opportunity to testify before you today.
I look forward to your questions.
Mr. Katko. Thank you, Ms. Fitzmaurice. We appreciate you
being here today.
Our third witness is Harper Jean Tobin. Ms. Tobin serves as
a director of policy for the National Center for Transgender
Equality. She leads NCTE's advocacy with Congress and U.S.
Federal agencies and also directs NCTE's policy work.
Prior to her work with the NCTE, Ms. Tobin worked with the
Federal Rights Project of the National Senior Citizens Law
Center. Ms. Tobin holds law and social work degrees from Case
Western Reserve University. The Chair now recognizes Ms. Tobin
for her opening statement.
STATEMENT OF HARPER JEAN TOBIN, DIRECTOR OF POLICY, NATIONAL
CENTER FOR TRANSGENDER EQUALITY
Ms. Tobin. Thank you, Chairman Katko, Ranking Member Watson
Coleman, distinguished Members of the subcommittee. Thank you
for the opportunity to speak to you today.
NCTE has been engaging with TSA for nearly a decade now, my
whole time on staff. We see the challenges facing transgender
travelers as part of a wider spectrum of concerns that affect
the traveling public, including particular concerns for
travelers with disabilities, racial and religious minorities,
and survivors of sexual trauma.
As long as TSA relies on body scanner units and intimate
pat-downs as primary passenger screening tools, we believe
there will be a cost to travelers' privacy, dignity, and
liberty, and questions about whether that cost is paying off in
real security benefits. That cost is borne by all travelers,
but it tends to be greater for anyone who is perceived as being
different.
In 2015, NCTE conducted a survey of over 28,000--sorry,
nearly 28,000 transgender Americans in all 50 States. Of those
who had flown in the last year, 43 percent reported at least
one negative TSA experience related to being transgender. These
included being misgendered or harassed, being loudly questioned
about their gender or body parts, sometimes in front of young
family members, and being asked to remove or lift clothing to
show an undergarment or a sensitive area of the body. Some
reported leaving the checkpoint in tears, while others feared
that being outed to other travelers in the screening process
could make them a target for violence. Some parents have told
us they were afraid to fly with their transgender children
because of the embarrassment they could face.
Today's AIT can't distinguish between human body parts and
a potential threat object and instead appears to rely in part
on assumptions about typical body contours of men and women.
This leads to alarms caused solely by sensitive parts of the
body or by undergarments. Many travelers report to us that they
routinely experience alarms in the chest or groin area
necessitating pat-downs and sometimes humiliating
conversations.
I have to say, I personally have experienced this many
times, as have many members of NCTE's staff and board and our
colleagues and friends.
One of NCTE's former board members, who is also a senior
citizen, wrote to me just last month that she was pulled out of
line at BWI because of what she was told was an anomaly in the
groin area and was patted down--or as she put in her own words,
``groped''--by no less than three officers.
Another colleague and friend of mine published an op-ed in
2015 about traveling to the District of Columbia for an
internship. He wrote that his excitement over the trip was
quickly squelched when he was told, ``Sir, we need to know what
is in your pants.''
Now, we understand TSA's important security mission. It is
important also to understand that travelers don't want to have
conversations like this when they are trying to get on a plane.
That was a conversation, as you can imagine, that was very
uncomfortable for my colleague, frankly even more uncomfortable
than my sitting here talking about it before a Congressional
subcommittee, because we have here a Government agency that has
made it its business to know what is in Americans' pants.
There has got to be a way to keep Americans safe without
innocent travelers being asked questions about, frankly, their
genitals or having them touched by uniformed strangers every
time they try to get on a plane.
Now, over the years, TSA, as I said, has worked with--NCTE
has worked with TSA a great deal. We have briefed them. We have
joined stakeholder calls and conferences. We have offered input
on training and web content. In 2014, I even received a
community partner award from then-Administrator Pistole.
At the same time, we have also seen the real limits of this
engagement. TSA, as the Chairman noted, has more contact--I
would add quite literally--contact with the public than just
about any other agency. The staff of CRL/OTE really want and
try, in my experience, to improve the passenger experience, and
they have done so much, as you have just heard, to engage the
public on that. But in my view, they are hamstrung in that
mission by the flaws of the current screening model.
Their materials, while they work very hard on them and have
produced videos for specific groups of travelers, different web
pages for specific groups of travelers, the materials are often
unable to answer basic questions because of secrecy or
unpredictability, and they are often unable to respond
meaningfully to complaints from individuals because the things
being complained of are baked into the system. So they really
try. But public outreach, you know, has to inform policy
procedures and technology.
We understand TSA is in the process of demonstrating
upgrades to AIT. When it comes to innovation, we certainly hope
this will lead to improvements, but we urge the agency to think
about more than making tweaks. Is continuing to invest in AIT
units as primary tools really the right move for the public?
Can it make more use of less invasive tools? How can the agency
truly minimize false alarms and minimize its touch rate? How
can reaching out and hearing travelers' questions and concerns
inform TSA's approach on the front end, not the back end?
Again, I have great respect for the folks at CRL/OTE and
for the individual TSOs who are working very hard and often
don't relish the intrusiveness nature of some of their work. I
hope today's hearing can help ensure that TSA's public
engagement leads to real improvements in the passenger
experience.
Thanks.
[The prepared statement of Ms. Tobin follows:]
Prepared Statement of Harper Jean Tobin
February 27, 2018
Chairman Katko, Ranking Member Watson Coleman, and Members of the
subcommittee: My name is Harper Jean Tobin, and I am director of policy
for the National Center for Transgender Equality--a role I have served
in since 2009. Thank you for the opportunity to testify regarding the
efforts of Transportation Security Administration (TSA) to engage the
traveling public. The National Center for Transgender Equality (NCTE)
is a Nation-wide, non-profit, non-partisan organization founded in 2003
to promote public understanding, opportunity, and well-being for the
nearly 2 million Americans who are transgender.
In addition to conducting public education and ground-breaking
National survey research, NCTE works with Federal, State, and local
agencies on a wide range of issues, and we have been in dialog with the
TSA during my entire 9-year tenure at the organization. While my
testimony will focus on what I know best--the challenges facing
transgender travelers, and engagement between TSA and LGBT
communities--we see these particular concerns as part of a wide
spectrum of privacy and other concerns that affect the traveling public
more broadly, including particular problems face by travelers with
disabilities and members of religious minorities.
While we recognize the importance of TSA's mission of protecting
lives, we believe that mission can be advanced without compromising the
privacy, dignity, and personal liberty of the traveling public. As
Hofstra Law School professor Irina Manta recently argued in the NYU
Journal of Legislation and Public Policy, passenger screening must be
based on a robust analysis of the privacy, dignity, and liberty costs
and the actual security benefits of particular screening measures.\1\
Traveler outreach and engagement should continually inform this
analysis and drive improvement.
---------------------------------------------------------------------------
\1\ Irina D. Manta, Choosing Privacy, 20 N.Y.U. J. LEG. & PUB. POL.
649 (2017).
---------------------------------------------------------------------------
challenges faced by transgender travelers
Transgender travelers experience serious difficulties with the
current approach to passenger screening. As TSA works to pursue
innovation in passenger screening--including in screening technology--
we strongly urge the agency to prioritize the privacy, civil rights,
and civil liberties of passengers, including by making imaging
technology gender-neutral and eliminating alarms caused solely by
sensitive parts of the body-namely, the chest or genitals--or by
undergarments, rather than any foreign object.
TSA's current Advanced Imaging Technology (AIT) seriously
compromises the privacy and dignity of transgender travelers. In
particular, transgender men routinely encounter alarms caused by their
chest compression vests or by their chests themselves, while
transgender women frequently encounter alarms caused solely by their
private parts. These alarms and resulting additional screening--no
matter how professionally conducted--are unnecessary, humiliating, and
deeply concerning, especially for travelers who experience them again
and again. That's true whether you're a trans woman like Shadi Petosky,
who tearfully live-tweeted her TSA ordeal in Orlando in 2015,\2\ or CNN
commentator Angela Rye (who is not transgender), whose video of her
genital pat-down in Detroit made for queasy viral viewing in late
2016.\3\ Whether transgender or not, the screening process can be
especially harrowing for children, and for survivors of sexual trauma.
Some parents of transgender children are quite afraid of air travel
because of the humiliation their child could face in the case of an
alarm in a sensitive area, a pat-down, or being publicly mis-gendered.
---------------------------------------------------------------------------
\2\ Katie Rogers, TSA Defends Treatment of Transgender Air
Traveler, NY TIMES (Sept. 22, 2015), https://www.nytimes.com/2015/09/
23/us/shadi-petosky-tsa-transgender.html.
\3\ Angela T. Rye, Dear TSA: The country is not safer because you
grab vaginas, CNN.com (Dec. 22, 2016), https://www.cnn.com/2016/12/16/
opinions/tsa-invasive-pat-down-rye/index.html
---------------------------------------------------------------------------
In 2015 NCTE conducted a ground-breaking survey of nearly 28,000
transgender adults across all 50 States, and 53% of our respondents had
gone through airport security in the previous year.\4\ Of those, 43%
reported at least one negative experience with passenger screening
related to being transgender in the previous year. These negative
experiences included being referred to as the wrong gender or verbally
harassed by Transportation Security Officers; receiving additional
screening including pat-downs because of gender-related clothing; being
subjected to a pat-down by an officer of the wrong gender; being loudly
questioned about their gender or their body parts at the checkpoint;
and being asked to remove or lift clothing to show an undergarment or
sensitive area of the body. Some respondents reported being detained
for over an hour or missing their flight due to gender-related
screening issues. Some reported having to go through scanners multiple
times; receiving multiple pat-downs; having TSOs refuse to pat them
down because they were transgender; being questioned about their gender
in front of their children; and leaving the checkpoint in tears. Some
said they were simply too afraid to fly, or wracked with nerves every
time. Some demanded to speak to supervisors or filed complaints and
felt TSA was very responsive to complaints about insensitive or
harassing treatment, while others were told nothing could be done
because their bad experience was inherent in the current screening
procedures.
---------------------------------------------------------------------------
\4\ James, S.E., Herman, J.L., Rankin, S., Keisling, M., Mottet,
L., & Anafi, M. (2016). The Report of the 2015 U.S. Transgender Survey,
221-22. Washington, DC: National Center for Transgender Equality.
---------------------------------------------------------------------------
While our survey did not ask specifically about issues related to
AIT, these are the most common issues NCTE hears about from travelers.
The AIT currently in use require TSOs to input a traveler's gender,
making it a part of their job to scrutinize and guess or ask the gender
of every traveler. Many travelers--some who are transgender, and some
who are not--find themselves having to correct TSOs and be scanned
again. This not only delays travelers, it can be embarrassing. More
concerning is the very common problem of alarms based on sensitive body
parts, or on sensitive undergarments such as chest binders or personal
prostheses that trans travelers may wear. Alarms lead to pat-downs,
which many travelers find inherently humiliating. We have heard from
many travelers that they routinely experience alarms in the chest or
groin, pat-downs, and very uncomfortable conversations when they
travel. I personally have experienced this many times, as have many
NCTE staff and board members and our friends, colleagues, and family
members. For example, one of our survey respondents told us the
following:
``Going through TSA, I am repeatedly asked to go back through the scan
because there is an anomaly with my chest or groin. It is not resolved
with a second scan, and I am subjected to a TSA agent's hands on my
chest and up in my groin.''\5\
---------------------------------------------------------------------------
\5\ Submitted to NCTE by a respondent to the 2015 U.S. Transgender
Survey.
One of NCTE's former board members, who is also a senior citizen,
---------------------------------------------------------------------------
wrote to us the following just last month:
``I flew from Baltimore-Washington International Airport (BWI) to San
Francisco today for a [business] meeting. After I went through the
scanner, TSA screeners pulled me out of line, and said there was an
`anomaly in the groin area,' and that they would have to pat me down. I
was concerned about making my flight, so I said OK. I was then patted
down (or groped) by two women, followed by one man--buttocks, groin and
legs. When they had finished, they made no further reference to the
`anomaly,' but said they would have to swab my hands; they did that,
and after checking the swab, they sent me through.''\6\
---------------------------------------------------------------------------
\6\ Personal correspondence, Jan. 26, 2018.
A colleague and personal friend, attorney Carl Charles, published
an op-ed in October 2015 describing his traveling experiences as a
transgender man.\7\ Mr. Charles, then a law student traveling to the
District of Columbia for a summer internship, wrote that his excitement
over the trip was quickly squelched when he heard a TSO shout, ``We
have anomalies in the chest and groin area. Private screening, female
agent requested.'' Now, the agency has been responsive to complaints
that about individual officers mis-gendering travelers, and we
appreciate that. It has also since retired the term ``anomaly'' in
favor of the term, ``alarm''--leading to reports of TSOs stating,
``There is something alarming in your groin.'' But the problem here is
more basic than terminology or even who is conducting a pat-down. The
next thing Mr. Charles was asked was told was, ``Sir, we need to know
what's in your pants.''
---------------------------------------------------------------------------
\7\ Carl Charles, Dear TSA, My Body Is Not an Anomaly, ADVOCATE
(Oct. 1, 2015), https://www.advocate.com/commentary/2015/10/01/dear-
tsa-my-body-not-anomaly.
---------------------------------------------------------------------------
As you can imagine, the conversation that followed was very
uncomfortable--frankly, even more uncomfortable than my sitting here
before a Congressional subcommittee discussing it. Because here we have
a Government agency that has made it its business to know what's in
Americans' pants, every time they fly. And there has got to be a way to
keep Americans safe without innocent travelers being asked questions
about the contents of our underpants by Government officials, or having
our private parts touched by uniformed strangers every time we get on a
plane.
tsa's engagement with the lgbt community
Improving the passenger experience has long been one of TSA's
stated goals--one that was restated in 2016 when establishing the
agency's Innovation Task Force.\8\ We know that outreach and engagement
with the traveling public through the Office for Civil Rights &
Liberties, Ombudsman & Traveler Engagement (CRL/OTE)--including with
NCTE and other LGBT community organizations--has been valuable. NCTE
has consistently engaged with CRL/OTE for nearly a decade. Beginning in
early 2010, we began meeting with CRL staff, briefing them on basic
facts about transgender people--our lives, our bodies, and sensitive
personal items that can raise issues during screening. We have also
been regular participants in TSA stakeholder calls and conferences,
together with representatives of other communities with heightened
concerns around traveler screening.
---------------------------------------------------------------------------
\8\ See, e.g., Statement of Peter Neffenger, Administrator,
Transportation Security Administration, U.S. Department of Homeland
Security, before the Senate Committee on Homeland Security and
Governmental Affairs (June 7, 2016).
---------------------------------------------------------------------------
However, this engagement has typically been limited to educating
the public about current procedures, training personnel to better
follow procedures, and addressing individual complaints about the
conduct of TSOs. We believe most TSOs aren't interested in harassing
travelers or invading their privacy, and many are uncomfortable with
the invasive nature of some of their work. The staff of CRL/OTE have
worked in earnest to engage the public and respond to complaints, but
the agency as a whole has never adequately addressed the privacy, civil
rights, and civil liberties problems inherent in the current screening
model and current scanner technology.
In 2011, we joined with other LGBT organizations in sharing some of
the troubling traveler stories we had had in a letter to Administrator
Pistole and urged him to make improvements to the Traveler Civil Rights
Policy, TSO training, and screening procedures to ensure passengers are
not subjected to increased screening based on their gender or physical
characteristics. A response from the administrator promised efforts to
improve TSO training, and we have offered suggestions to TSA many times
over the years to incorporate into officer training, it has never been
clear exactly what material made its way into new and on-going officer
training.
When TSA began introducing automated target recognition (ATR) into
its scanners around this time, we hoped that a move away from human
viewing of body scan images would be a huge improvement for travelers,
but were immediately troubled by the use of pink and blue gender
buttons that must be pressed for each traveler. It took years to get
TSA to explicitly confirm what seemed obvious: The technology can't
distinguish between human body parts and a potential threat object, and
instead relies, in part, on assumptions about typical body contours for
men and women.
In 2012, TSA posted for the first time a page of information for
transgender travelers. NCTE provided input on this page, although the
final product did not reflect all our input and left some of the most
frequent traveler questions unanswered.
In 2013, we were among thousands of Americans who submitted
comments on the agency's court-ordered rulemaking to govern the
passenger screening program.\9\ Along with many others, we recommended
that the agency reconsider its reliance on body scanners and pat-downs
as primary screening methods, in favor of a mix of other methods such
as canines, explosive trace detection, and traditional metal detectors,
with more invasive techniques used on a random or secondary basis.\10\
At a minimum, we urged the agency to codify in regulations critical
passenger protections it already promises, such as an inclusive anti-
discrimination policy, no storing or human viewing of body images, and
no requiring passengers to lift or remove clothing to reveal sensitive
body areas or prosthetics.
---------------------------------------------------------------------------
\9\ Passenger Screening Using Advanced Imaging Technology, Notice
of proposed rulemaking (NPRM), 78 Fed. Reg. 18,287 (Mar. 26, 2013).
\10\ Comments of the National Center for Transgender Equality, Re:
Docket No. TSA-2013-0004 Passenger Screening Using Advanced Imaging
Technology (June 24, 2013).
---------------------------------------------------------------------------
In 2014 and 2015, NCTE helped provide web-based training for
several hundred passenger support specialists. Before and since, TSA
has occasionally solicited our feedback on critical elements for TSO
training, and on a few occasions has asked us to help identify local
community partners to make presentations to TSOs at airports. In 2015,
shortly after the Shadi Petosky story was widely covered by National
media, NCTE's Executive Director Mara Keisling met with then-
Administrator Neffenger to discuss our concerns, and the agency tweeted
about its ``on-going discussions'' on screening trans travelers.
Even as we engaged in these discussions, NCTE sought and obtained a
court order in 2015 to end the delay in issuing a final rule on
passenger screening and AIT.\11\ We were disappointed when in 2016 the
agency adopted an essentially empty rule with no real traveler
protections.\12\ I stated publicly at that time:
---------------------------------------------------------------------------
\11\ In re: Competitive Enterprise Institute, et al., No. 15-1224
(D.C. Cir. Oct. 23, 2015) (ordering TSA to produce ``a schedule for the
expeditious issuance of a final rule within a reasonable time'').
\12\ Passenger Screening Using Advanced Imaging Technology; Final
Rule, 81 Fed. Reg. 11,364 (Mar. 3, 2016).
``As long as TSA relies on body scanners and prison-style pat-downs as
its primary tools, there will be a cost to travelers' privacy and
questions about whether that cost is paying off. While there will be
some cost to all travelers, anyone who is perceived as different or
whose body is not typical will bear the brunt of those invasions of
privacy. The public deserves clear rules that address the effectiveness
and the privacy impact of practices that affect millions of Americans
every day.''\13\
---------------------------------------------------------------------------
\13\ NCTE, ``NCTE Sues TSA to Compel New Privacy Protections for
Travelers,'' Jul. 20, 2015, https://transequality.org/blog/ncte-sues-
tsa-to-compel-new-privacy-protections-for-travelers.
In 2017, we were invited to work with CRL/OTE to produce a segment
for TSA TV on respectful screening of transgender travelers. But we
also wrote to then-Acting Administrator Gowadia urging her to ensure
that TSA moves beyond reliance on technologies that rely on gender
stereotypes and can't tell a bomb from a traveler's own body.\14\
---------------------------------------------------------------------------
\14\ Letter to Acting Administrator Huban Gowadia from NCTE
Executive Director Mara Keisling (Mar. 14, 2017).
---------------------------------------------------------------------------
In April 2017, as part of its TSA Cares video series, TSA released
a short video aimed at transgender travelers.\15\ The video addressed
some basic questions we see, such as clarifying that travelers should
be treated based on the gender they present for screening purposes. But
it also failed to answer other key questions travelers regularly ask
us: Will my body parts or my undergarments cause an alarm on AIT? Is
there anything I can do to avoid this? If I sign up for TSA PreCheck,
will it help me avoid embarrassing pat-downs? When NCTE tweeted at TSA
about this, the agency responded to our tweets saying they ``continue
to push for technological improvement that will provide effective
security w/o gender identification.''\16\
---------------------------------------------------------------------------
\15\ TSA Cares: Screening for Transgender Passengers (Apr. 20,
2017), https://www.youtube.com/watch?v=0SLI3Q1bIrs.
\16\ https://twitter.com/AskTSA/status/855604175765463042.
---------------------------------------------------------------------------
We were somewhat encouraged to see in May 2017 that, as part of a
Broad Agency Announcement for Innovative Demonstrations, TSA invited
vendors to propose solutions to this problem.\17\ However, we are not
aware of whether anything concrete has come of this to date.
---------------------------------------------------------------------------
\17\ Broad Agency Announcement HSTS04-17-R-BAA001: Innovative
Demonstrations for Enterprise Advancement (IDEA) for Transportation
Security (May 9, 2017), https://www.fbo.gov/
index?s=opportunity&mode=form&id=15dd92c36581f9d8b264897267b86333/.
---------------------------------------------------------------------------
We appreciate the intent of some of the initiatives TSA has
undertaken in recent years to improve the passenger experience,
including the TSA Cares hotline, the use of Passenger Support
Specialists, and the TSA PreCheck programs. We know that these programs
have been helpful for some passengers. But they also have not addressed
the basic concerns transgender travelers have. The travelers we hear
from don't just want to get to their gate more quickly, or make sure
TSOs have a heads-up to expect someone whose body may cause an alarm,
or have a kinder, gentler conversation with TSOs about their body parts
or undergarments--they want to get on a plane without discussing their
private parts or having them touched by Government officials, period.
public engagement must inform tsa policies, procedures, and technology
TSA has more contact--very often personal, physical contact--with
the public than just about any other Government entity. That makes
public engagement and input absolutely critical. Travelers need to know
what to expect at the airport. Unfortunately, TSA's public education
efforts are often unsatisfying because the information provided to
travelers is often opaque, and hedged about with disclaimers about SSI
and the need for unpredictability. For years, TSA has punted on basic
questions, like: Will my body parts or my undergarments cause an alarm
on AIT? Is there anything I can do to avoid this? If I sign up for TSA
PreCheck, will it help me avoid embarrassing pat-downs?
TSA's history of engagement with transgender travelers is
representative of its engagement with other communities and the
traveling public broadly: The staff of TSA's CRL/OTE office really want
and try to improve the passenger experience, but in important respects
they are hamstrung by the flaws of the current passenger screening
model itself, with its reliance on questionably effective body scanners
and embarrassing pat-downs. CRL/OTE often is unable to answer the most
important questions travelers have because they are secret or
unpredictable, and they are often unable to respond meaningfully to
traveler concerns because they are baked into the system. Public
outreach, improved training, and investigating individual complaints
are all necessary and important, and we commend CRL/OTE for doing those
things, but they will not solve core problems. Public engagement in
particular is of limited value if it is not used to inform policy,
procedures, and technology acquisition.
We understand that TSA is in the process of testing and
demonstrating upgrades to the current AIT units. When it comes to
innovation, we urge the agency to think big: Is upgrading or replacing
body scanner units as the primary passenger screening tools really the
right move for security and for passengers? Can less invasive tools
like canines and ETD take on a bigger role, with less reliance on
scanners and pat-downs? How can the agency minimize false alarms and
minimize its ``touch rate''? And how can reaching out and hearing
travelers' questions, concerns, and experiences inform TSA's approach
on the front end, not just the back end?
NCTE will, of course, continue to engage with TSA--both CRL/OTE
and, where we can, relevant operational and policy making components of
the agency--and encourage travelers to share their experiences and
their complaints. We hope this engagement can lead to real improvements
in the traveler experience.
Thank you for your consideration of this important issue and for
the opportunity to speak to you today.
Mr. Katko. Thank you, Ms. Tobin. We appreciate you being
here today and your testimony.
I now recognize myself for 5 minutes of questions. The
first question I want to talk about is the social media aspect
of TSA. I think it is a very innovative thing you are doing,
and you are doing a great job with it. The question I have is:
How many passenger engagements occur via social media versus
traditional means of inquiry, such as an e-mail or phone call?
Does anyone have any estimate of that? It seems like there is a
lot more from the social media standpoint. Ms. Griggs?
Ms. Griggs. Yes, sir. Chairman, I would say that with
847,000 followers on Instagram, we have a fantastic engagement
with the traveling public through that means. Through our
contact center, which is our primary portal for passengers that
come in with questions, we get about--I would say about 70
percent or so that come in through the phone calls and then
another 30 percent come in with e-mail questions. But by and
large, I would say, yes, by far the internet is the greatest
tool, sir.
Mr. Katko. OK. One of the things I am curious about is the
program itself, if I am not mistaken, has only about 10
employees right now. Is that right?
Ms. Griggs. I believe that is close to 10, sir.
Mr. Katko. OK, that seems like an awful lot of inquiries to
handle for such a small amount. Has there been any discussion
had at TSA about shifting some resources to this emerging
positive thing that TSA is doing?
Ms. Griggs. Sure. I think there has been some discussion
around some of the work that we do in the TSA contact center
and how that could also be supportive of the @asktsa
initiatives. We are looking at possibly gaining some
efficiencies there, as well.
Mr. Katko. OK. I would ask that you take a look at that.
Within the next 10 days, if someone could respond back to me,
just letting us know what the specific plans are and what you
might be doing in that regard, because this seems like a good
program, and I don't want it to fall into a bureaucratic morass
where people don't pay attention and then it suffers from it.
So it is a good program, and I hope you guys will give it the
amount of staffing it deserves.
Now, I want to switch gears and talk to Ms. Fitzmaurice a
second, if I may. The TSA PreCheck program is an innovative
necessity, if you will, for risk-based security at airports. I
remember when I came to Congress a few years ago, the goal was
in a short period of time to have up to 20 million passengers
in the TSA PreCheck, because it would allow you to focus on
those that are more concerning and can spend more time with
them in the non-TSA PreCheck environment.
I know we are nowhere near that. I am still concerned, and
if we have time later, maybe we will talk about this, why we
are not where we should be, but those numbers are nowhere close
yet. But one thing I have heard seen from the inspector
general's report from December 2017 was that the PreCheck boom,
if you will, that kind of went from 1 million up to 4 million
or 5 million, whatever it is now, was followed by a substantial
period of delay in processing PreCheck applications.
I wonder if you could talk to me about that real quick and
tell me what TSA is doing to try and address that problem.
Ms. Fitzmaurice. Yes, sir. Thank you for your question. Our
goal is to continue to grow the program, as well as the number
of travelers that are receiving the PreCheck based on their
enrollment every day. The program did have a very significant
spike in enrollments, and what I can share with you is that
today we are in a very good place as it relates to the time
frame it takes. It is on average less than a week, if you
enroll, to get your response for being in PreCheck.
So I think the issues that we had in the past have been
resolved additionally. That office has been able to supplement
bringing on new personnel to help with the adjudication of
applications.
Mr. Katko. Is there something in place to deal with
potential future spikes so we don't have this happen again?
Ms. Fitzmaurice. Yes, so my understanding is that they have
through the additional resources been able to plan for
additional spikes. They have also put into place relationships
and engagements to be able to surge if needed.
Mr. Katko. Very good. Now, sticking with PreCheck, I do an
awful lot of traveling, and I am in PreCheck. It seems more and
more lately that people you hear in lines, you hear the
grumblings that people don't think PreCheck is worth it.
I was at an airport this weekend in Miami and I think there
was probably five to seven times more people in the PreCheck
lane than in the non-PreCheck lane. So I want you to address
that, as well, because it seemed like people are going through
the non-PreCheck lane quicker than they were the PreCheck lane,
No. 1, but, No. 2, more importantly, we made it a big priority
to get TSA to stop managed inclusion. Managed inclusion is
taking people out of the regular lanes and putting them into
PreCheck when they don't have a PreCheck background.
It still seems to be the case that that happens at times
and to varying degrees. That not only is a security risk, which
is probably something we need to talk about in another
setting--I mean another hearing, but it is something that
people from a product standpoint think is not right. I am being
one of them, but an awful lot of people.
So from an image standpoint, as well as a safety
standpoint, it is not good. We have been banging TSA over the
head since I have been in Congress the last 3 years to not do
this. They still do it. I wonder if you could explain why they
are doing it and why you think that the public isn't going to
get upset about it. Or why do you care?
Ms. Fitzmaurice. Yes, thank you, Chairman. So we have ended
the managed inclusion program, as you mentioned. We also, you
know, are----
Mr. Katko. I am going to interrupt you, but are you just
calling it something different now so we have to follow that,
or what?
Ms. Fitzmaurice. No, we are not doing that.
Mr. Katko. OK.
Ms. Fitzmaurice. So what I can share with you is that we
have taken steps to reduce the number of individuals who would
be getting PreCheck that are not enrolled, and that has been
subsequent or a continued drawdown over really the last year.
When the program first rolled out, one of the populations
that we originally targeted were high frequent flyers. I can
tell you that that practice ended last year, so those
individuals are no longer receiving PreCheck just based on
their frequent flyer status.
Relative to your question on long lines--and I realize
sometimes it can be the optics of that--what I can share with
you, though, is that across the system, people who are in
PreCheck are waiting on average about a minute-and-a-half to 2
minutes. Over about 94 percent of the system for PreCheck
travelers are waiting under 5 minutes. So while there may be
people in those lines, those lines are moving quickly.
Mr. Katko. OK. Last, and I am indulging myself, because I
will give my colleagues the same courtesy, I was in an airport
in Fort Myers, and they had nothing but PreCheck line. In the
PreCheck line, they had one dog, and people were going by that
dog at a very fast pace and getting into line, and the line was
backed up. They did it as a way of reduced congestion.
While it is important that we have the dog sniff on every
single individual, they are still not in PreCheck. They still
don't have the background on these individuals. They still
don't have the selectee information, if there is any. They
still could be letting people through that line that may be
otherwise not--shouldn't be going through that line.
The whole idea behind PreCheck is to know your traveler.
You don't know the travelers. You are just hoping that the dog
catches a whiff of something if there is a concern. So that
coupled with your comment that you are taking steps to reduce
non-PreCheck people going through PreCheck lanes is not what we
want to hear.
What we want to hear is that people who are not in PreCheck
are not going through PreCheck lane, period. That was the whole
idea behind ending managed inclusion. So I feel like in a way
it is a bit of a shell game going on. We are going to have more
hearings on--I think we are going to have to have another
hearing on PreCheck alone to examine this more in depth.
But I just want to let you know that to take back to the
agency that we are still very concerned about this and it seems
like perhaps TSA is not getting the message that PreCheck means
PreCheck and non-PreCheck means non-PreCheck. That is it. It
shouldn't be used as a way to manage traffic. That is another
issue, and we can help you with that, too. But PreCheck is
PreCheck, OK? We want you guys to understand that, and it is
something we are going to have to pursue further.
I now recognize my colleague from New Jersey, Ms. Watson
Coleman, for questions.
Mrs. Watson Coleman. Thank you, Mr. Chairman. I want to
associate myself with your concerns with respect to PreCheck
and individuals being taken through the line who haven't
engaged in the whole vetting process for PreCheck.
I guess I want to ask this question first of Ms. Tobin.
Thank you all for being here. Ms. Tobin, I am troubled by some
of the discussion that you have had about the passengers that
are transgender passengers in particular that experience when
they are going through screening. I get the impression that you
believe that there have been some improvement in the way TSA is
dealing with these issues as a result of having collaborations
and feedback from you and your organization. Do you agree?
Ms. Tobin. Well, Ms. Ranking Member, we certainly have seen
some improvements on the human element of those interactions.
We still pretty regularly hear of challenges--some of the
things, you know, I mentioned in my written testimony are
things that I think fellow witnesses would agree shouldn't be
happening and those things still do happen.
We have really seen improvements. We think that there is
probably more that we could do if we had the chance to
collaborate with their training academy, for example. But I
think the major concern that we have is that there are some
things that can't be addressed through the human element, that
are sort-of baked into the current screening model, that there
is no amount of professionalism on the part of TSOs, which most
of the time we do see, that can make up for the fact that some
passengers are having repeated alarms in sensitive areas of the
body that have to be cleared in a process that is sort of
inherently intrusive.
Mrs. Watson Coleman. So I kind-of really want to stick with
this issue a little bit. I am thinking that the centralized
training that takes place in Georgia now kind-of provides these
officers who are going to be on the front lines a bit more
information and a bit more tools on how to deal with this. So I
want to get to that in a second.
But I want to ask about this AIT that is gender-neutral,
because I believe that that is one of the things that your
organization says is vitally important at these checkpoints and
that will reduce the degree to which individuals are treated in
a way that intrudes upon their civil liberties and their
privacy.
I am wondering, are we really talking about AITs that are
gender-neutral? If so, do you have any idea how far away we are
from having them actually at these checkpoints? I guess Ms.
Fitzmaurice or Ms. Griggs? I don't know which one of you wants
to respond to that.
Ms. Griggs. Thank you, Ranking Member. I would say that
right now we are--as a result of the broad agency announcement,
we have had several submissions. Through those, we are actually
currently demonstrating an on-person screening solution that
would eliminate any gender-specific alarms and kind-of be able
to make that distinction, if you will. We are also working with
vendors who have solutions for on-person screening that is
gender-agnostic.
So I think I would say that right now we are in the kind-of
demonstration phase of it, and certainly continue to work
forward to bring that as quickly as we can.
Mrs. Watson Coleman. So all the vendors that you are
dealing with understand that you are looking for gender-neutral
technology. Do you have any idea how far away we are from
seeing some of this employed in the airports?
Ms. Griggs. I do not at this time. I do not.
Mrs. Watson Coleman. That is something that I really would
like to know, because I think that that is a really important
issue and consideration that we need to look at in sort-of an
expedited way.
Ms. Fitzmaurice, you say the new hires are trained in the
Georgia facility. What do you do about the current hires who
haven't had the benefit of this new academy to kind-of bring
them to snuff so that they are operating under sort-of the
standard--under the standards and rules and regulations and
procedures and policies and, you know, protocols?
Ms. Fitzmaurice. Thank you. So all of our officers, whether
they were trained locally at their airport and have been part
of the TSA work force for a number of years, or newer officers
that have gone through the academy have received really the
same training. So if we have, you know, new procedures or
changed procedures, we will obviously implement that for the
training that is occurring at the academy for our new officers
and then what we will also do is some field-based training for
our existing officers.
As I mentioned in my oral statement, we have a lot of
different scenarios that we train our officers on down at the
academy for a variety of types of situations that they may
experience and how best to handle those situations, the best
advisements to give passengers. That is one of the critical
things that we find is really having that engagement and strong
advisements with the passengers so that they know what to
expect is really critical for us to be successful in executing
those.
Mrs. Watson Coleman. Thank you. I have a number of other
questions. I don't know if you want to go a second round.
Mr. Katko. We can do a second round.
Mrs. Watson Coleman. OK. I yield back.
Mr. Katko. The Chair now recognizes the gentleman from
Louisiana, Mr. Higgins, for 5 minutes of questioning.
Mr. Higgins. Thank you, Mr. Chairman, members of the panel.
Thank you for appearing today. Ms. Griggs, I have recently
become a frequent flyer due to my Congressional service and as
a police officer for many, many years prior to my current
service to my country.
I certainly recognize the struggles and frustrations of
front-line officers and first responders. I have really come to
know personally the men and women that serve as TSOs,
especially in my local airport in Louisiana. So I have come to
recognize the human element that they deal with, long lines,
staff shortages, equipment that doesn't seem to be cooperating
very well, et cetera, travelers that don't quite get it on how
to arrange their bags on the screening devices.
I have seen the frustration that they face. So I am
wondering, how is morale? Can you give me a general answer? How
is morale amongst your TSOs?
Ms. Griggs. Thank you for your question. I would say that
overall our TSOs have a great sense of pride in what it is that
they do for TSA.
Mr. Higgins. No doubt.
Ms. Griggs. I think that that shows day in and day out in
the work that they do to accommodate all of our passengers and
to treat everybody fairly with dignity and respect. I would
certainly say that those struggles do lend themselves
oftentimes to having officers who get frustrated. But having
spent over 12 years or so in airports and in the field, I can
tell you that our leadership cadre I think has stepped up to
the plate and really been there in terms of engaging our
officers to say, if you have an issue or concern, let's resolve
it here at the lowest possible level and let's work with our
employee advisory groups, and let's hear what the concerns are
and give the officers a voice, if you will, to come forward and
say that this is why I am unhappy or this is what is happening.
I think that that has boded well. I think that many of them
feel as though they have a voice and that our leadership has
been supportive of that.
Mr. Higgins. That led to my next question. Thank you for
that encouraging answer. Do your TSOs have--is there a
mechanism where TSA can hear from the boots on the ground of
common-sense answers to everyday problems in the lines that
would make the lines more efficient and effective and
reflective of the very crucial security screening that must
take place, while at the same time recognizing the needs of
travelers and the needs of individual Americans like Ms. Tobin
is representing today, who certainly have rights that need to
be addressed?
Do you have a mechanism for your TSOs to regularly
communicate with supervisors to address boots-on-the-ground
solutions to the challenges that they face?
Ms. Griggs. So I think I would defer that to my colleague,
Ms. Fitzmaurice.
Mr. Higgins. Ms. Fitzmaurice?
Ms. Griggs. Yes.
Ms. Fitzmaurice. OK. Thank you. So I think we have a
variety of ways our officers can communicate. One is directly
with their supervisors in routine engagements on performance
and how the operation is going. Also, our Federal security
directors and the management staff at the airports are having
routine town halls where they can solicit input.
I personally have visited a number of airports and have
received input from our officers on things that we take back,
but we also have some systematic ways with an idea factory,
where officers can put in----
Mr. Higgins. Can they communicate on-line and submit like
anonymous suggestions?
Ms. Fitzmaurice. They can. They can--it is not anonymous,
but they can submit suggestions. Those are kind of crowd-
sourced, in terms of getting feedback on them. But----
Mr. Higgins. All right, that is encouraging. I would like
to jump to your academy. Is there annual recertification
training for your TSOs that have been through certification
training? If so, do your existing officers that were originally
trained at airports across the country, do you send them to the
academy in Georgia?
Ms. Fitzmaurice. Sir, we have a requirement for annual
proficiency reviews for all of our officers to demonstrate that
they remain proficient on all of our procedures. You know, for
officers who have been on-board and perhaps had not gone to the
academy initially, we are not sending them back for the basic
training, but there are opportunities for some of the advanced
training for them to go to the academy for other reasons.
Mr. Higgins. But training changes. It is an on-going
process. There is some method for recertification of your
current TSOs?
Ms. Fitzmaurice. Yes, sir. So depending on the nature of
the changes that may be implemented, we would look at different
ways to deliver that training. It could be through on-line
training. It could be through in-person training there at the
airport.
Mr. Higgins. All right. Quickly, is--Ms. Griggs, is TSA
looking to expand the roles of PreCheck? Is that a general goal
for TSA, to expand PreCheck?
Ms. Griggs. I think I would defer to Ms. Fitzmaurice on
that question.
Mr. Higgins. Is that a general goal?
Ms. Fitzmaurice. So I think we absolutely want to grow the
number of travelers in PreCheck.
Mr. Higgins. OK, that being a yes, do you offer group
rates?
Ms. Fitzmaurice. We currently do not offer group rates.
Mr. Higgins. It might be something to consider, because the
problem that Ms. Tobin's constituency is encountering is due to
advanced imaging technologies. It occurs to me that this could
be a win for everybody. You could grow the rolls of TSA by
offering group rates across the country and members of Ms.
Tobin's organization could sign up for PreCheck, go through the
background clearance, and they wouldn't have to go through AIT,
go through a metal detector through PreCheck that would
essentially solve that problem.
With that, Mr. Chairman, I thank you for allowing me to go
a little bit over my time. I yield back.
Mr. Katko. Well, what is good for the goose is good for the
gander. I do it all the time, so I have to indulge my
colleagues, as well. That was an excellent point you made.
We are going to do a second round of questions. Ms.
Fitzmaurice, since you are kind-of the tip of the spear with
respect to risk-based--the programs at TSA, I do want to go in
a little further with you about the PreCheck. This is an issue
that is preceded your time in this position, but it is
something that is troubling, because we take a step back with
PreCheck. The idea of PreCheck is people sign up, we do
background checks, do more in-depth analysis of them, and we
make a determination that if you are eligible for the PreCheck
program, at least in its current form, not in its original
form, you are eligible for the PreCheck program, there is
vetting that goes on, there is recurrent vetting that goes on,
and you have an idea of whether or not the individual--much
better idea whether that individual could be a problem.
When you take them out of the other lanes and put them into
this lane, from a risk-based issue, it is not good. From a
public relations issue, it is terrible. So you want to grow
this program. When you want to grow this program, I want to
know what you are anticipating with the airports, No. 1, as far
as the physical layout for the PreCheck lanes versus a non-
PreCheck lanes, No. 1. And No. 2, and far more importantly, how
can you justify taking people out of regular lanes and put them
in PreCheck, when you don't have the background of them?
Ms. Fitzmaurice. Yes, sir, Mr. Chairman. So we are, as I
said, trying to grow the number of PreCheck and draw down the
individuals who are going through just PreCheck that have not
enrolled. That said, we also have, you know, additional
screening measures that we can apply for use of canines as an
example, and we believe that that is one of the more effective
screening methods.
So as we look at how to maximize the number of individuals
who are screened by a canine, we have been able to re-design
some of the cues to do that. Just--I guess it was last week--I
was traveling out of Washington Dulles, had the opportunity to
go through that. I am an enrolled PreCheck member, and I found
my experience to be just as efficient as it typically would be
going through a dedicated PreCheck lane.
Mr. Katko. But efficiency is one thing, but security is
another. They are not always mutually beneficial to each other.
So I understand moving people is a priority, and I understand
you have to have the constant balance between service and
security.
But what got you into a lot of the TSO problems in the past
as far as extraordinarily poor rating on the undercover
operations, testing the security vulnerabilities at the
checkpoints, there is a lot of pressure on TSOs to move people
through. It seems like that is just heightened with PreCheck.
PreCheck was supposed to alleviate lines by getting people
in there that--only people in there that should be. We have
found with managed inclusion that they were usurping that. Now
we are finding that it is, again--I am not hearing from you
that there is a goal to make sure that only PreCheck people go
through PreCheck.
So at a risk of sounding redundant, I want to make sure I
underscore the point that that is not the goal of the
committee. The goal of the committee is to have only people in
PreCheck going through PreCheck. It seems like you are trying
to find ways to nip around the edge of that and denigrate the
amount of risk-based security you are doing.
Yes, having a dog go through is great, but let's not
forget, with the emerging technologies from the bad guys, they
are not always going to find everything that we are looking
for. So we better know with a better sense of precision who the
people are that are going through PreCheck, and we can only do
that if we are in PreCheck.
So going forward, I think we are going to need to have a
discussion about what to do with this issue, because it is not
going to stand for us in the committee here. We simply are not
going to tolerate it. It is 3 years now down the road, and a
lot of people are going through PreCheck still aren't involved
in PreCheck. That is not good. You cannot justify it to me
otherwise.
With that, I yield to my colleague, Ms. Watson Coleman.
Mrs. Watson Coleman. Thank you. First of all, Mr. Chairman,
I want to request to enter into the record the testimony from
the National Disability Rights Guide, the Guide Dog Foundation,
and the Electronic Privacy Information Center.
Mr. Katko. Without objection, so ordered.
[The information follows:]
Statement of Ian Watlington, National Disability Rights Network
February 27, 2018
I have been a professional advocate for people with disabilities
for more than 15 years. I have worked in the areas of educational
policy, mental health policy, as a champion for civil rights for people
with disabilities, and as a mentor for young people with disabilities.
To me, advocacy is more than a job; it is personal. I have cerebral
palsy and use a wheelchair.
For the last 6 years, I have been a senior disability advocacy
specialist for the National Disability Rights Network, providing
training and technical assistance on a wide range of issues to our
members.
NDRN is the non-profit membership organization for the Federally-
mandated Protection and Advocacy (P&A) and Client Assistance Program
(CAP) systems for individuals with disabilities. The P&A and CAP
systems were established by the United States Congress to protect the
rights of people with disabilities and their families through legal
support, advocacy, referral, and education. P&As and CAPs are in all 50
States, the District of Columbia, Puerto Rico, and the U.S. Territories
(American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin
Islands), and there is a P&A and CAP affiliated with the Native
American Consortium which includes the Hopi, Navajo, and San Juan
Southern Paiute Nations in the Four Corners region of the Southwest.
Collectively, the P&A and CAP Network is the largest provider of
legally-based advocacy services to people with disabilities in the
United States.
About 5 years ago, the Transportation Security Administration (TSA)
asked NDRN to collaborate with them on a new program they were
launching: The Passenger Support Specialists program (PSS). TSA
launched this effort in order to make the traveling experience for
people with disabilities less confusing, less rattling, and in the end,
not so cumbersome.
The idea behind PSS is to train officers in disability etiquette
and the applicable laws so they are able to respond to issues that come
up at the airline security checkpoint. If TSA officers encounter a
traveler with a disability, the PSS tries to ensure at least one person
can handle the unique needs and circumstances with more expertise and
care.
I had the privilege of conducting several virtual trainings that
address disability etiquette and different ways to provide tailored
customer service to people with disabilities. In some of these
webinars, officers were able to ask me specific questions about various
disabilities. In addition, I, along with TSA, provided a safe,
nonjudgmental virtual platform on which officers could express their
misgivings, fears, and/or curiosities.
But more needs to be done.
I am a frequent traveler. I can attest to the additional energy it
takes for people with disabilities to fly. There are obstacles we must
navigate from our front doors all the way to the plane gate. One of
those obstacles continues to be airport security checkpoints.
Only through a continued emphasis on a higher-trained workforce
with more tools to do their work will we remove this barrier. The PSS
is an admirable effort to ensure people with disabilities are treated
with respect and dignity.
I am more than happy to provide further information and/or answer
questions that Members of committee and its staff may have.
______
Letter From Guidedog.org
February 26, 2018.
Rep. Bennie G. Thompson (D-MS), Ranking Member,
Committee on Homeland Security, U.S. House of Representatives,
Washington, DC 20515.
Regarding: TSA Public Engagement and Social Media Efforts
The Guide Dog Foundation and America's VetDogs are proud to be
community partners with the Transportation Security Administration and
part of its Multicultural and Disability Coalition. We have assisted
TSA's Disability Branch with national presentations about service
animals and provided specific training webinars and live presentations
for TSA staff. We have a standing arrangement to train front-line
security officers at several airports within the New York metropolitan
area, as well as Nation-wide through our staff and graduates. Although
our focus is service animals, we also provide general disability
etiquette information.
Our clients have a wide variety of disabilities. As part of our
training and support, we offer information from TSA about screening
procedures, what to expect, and how to negotiate when issues arise. It
has been our experience that most TSA security officers are well-versed
regarding disability etiquette. We make use of the materials from the
Disability Branch, monthly ``What to Expect'' bulletins, and any
special announcements. We also advise other organizations on how to
work with TSA.
The issues we most often hear about from our clients involve
security officers who misunderstand screening procedures or who have
anxiety around service animals. These are on-going training issues. We
are pleased to say that the number of these reports has gone down over
the years.
The TSA CARES service has been a very helpful part of our education
for clients. We do suggest that anyone who needs information about
screening, medical devices, etc., contact TSA CARES. We routinely
provide the braille-embossed business cards from the Disability Branch.
We also advise our clients about the TSA Pre-Check program.
Unfortunately, we have seen a decline in the Passenger Support
Specialist service over the past few years. It was literally the best-
kept secret at TSA and among the airlines. However, once the program
began to be publicized and the high level of assistance people could
experience became known--generally far superior to standard airport--or
airline-provided assistance--the PSS service became more problematic.
Often there were not enough trained PSS staff to meet the needs, even
with advance scheduling. We have, therefore, stopped using this service
for our clients who come to and leave our facility for training. We
advise them that the service is available, but we no longer interact
directly with TSA regarding their trips.
At one time, TSA had specialized assistance services for U.S.
military veterans. Those services varied, and there was a gap between
services provided to pre- and post-9/11 veterans. As we serve veterans
from all eras and conflicts, we no longer take advantage of these
services. If these services cannot be provided equally for veterans, we
do not feel they are appropriate. Also, subcontracting the service has
made it even more confusing for travelers as to what they can expect
when requesting assistance.
We have had some reports of distractions around TSA canine teams,
but generally, TSA has been very responsive to our advice that handlers
make their presence known if they see another animal, regardless of
whether it is a service animal, in the screening or other area.
Generally, the handlers are good about following this advice.
Additional on-going training with regards to TSA screening when
interacting with canine teams is necessary, but we feel TSA is
receptive to our discussion points.
Overall, we are very pleased with the responsiveness of TSA's local
and National staff to concerns, complaints, and situations with our
clients. It is important to participate in on-going staff training so
as to support TSA in maintaining a high level of disability awareness
during its screening and other activities.
Please do not hesitate to contact the Guide Dog Foundation and
America's VetDogs should this committee require any additional
information.
Jenine Stanley,
Consumer Relations Coordinator.
______
Letter From the Electronic Privacy Information Center
February 26, 2018.
The Honorable John Katko, Chairman,
The Honorable Bonnie Watson Coleman, Ranking Member,
U.S. House Committee on Homeland Security, Subcommittee on
Transportation and Protective Security, H2-176 Ford House
Office Building Washington, DC 20515
RE: Hearing on ``The Public Face of TSA: Examining the Agency's
Outreach and Traveler Engagement Efforts''
Dear Chairman Katko and Ranking Member Coleman: We write to you
regarding the hearing on ``The Public Face of TSA: Examining the
Agency's Outreach and Traveler Engagement Efforts.''\1\ We welcome your
continued leadership on improvements that can be made at the TSA and
look forward to opportunities to work with you and your staff.
---------------------------------------------------------------------------
\1\ The Public Face of TSA: Examining the Agency's Outreach and
Traveler Engagement Efforts, 115th Cong. (2018), H. Comm. on Homeland
Security, Subcomm. on Transportation and Protective Security, https://
homeland.house.gov/hearing/public-face-tsa-examining-agencys-outreach-
traveler-engagement-efforts/ (February 27, 2018).
---------------------------------------------------------------------------
EPIC is a public interest research center established in 1994 to
focus public attention on emerging privacy and civil liberties
issues.\2\ Among our most significant undertakings was the litigation
that led to the removal the backscatter X-ray devices from U.S.
airports. Those devices were ineffective, invasive, and unlawful. In
EPIC v. DHS, 653 F.3d 1 (D.C. Cir. 2011), the D.C. Circuit Court of
Appeals held that the agency failed to conduct a public rulemaking as
required by law and must also ensure that passengers are given the
opportunity to opt-out if they so choose. But new privacy issues have
arisen with the deployment of facial recognition technology at U.S.
airports. An Executive Order recommends that agencies ``expedite the
completion and implementation of biometric entry exit tracking
system,''\3\ and Customs and Border Protection (``CBP'') has deployed
facial recognition technology at several U.S. airports.\4\ Facial
recognition poses significant threats to privacy and civil liberties.
It can be done covertly, remotely, and on a mass scale. Additionally,
there are a lack of well-defined Federal regulations controlling the
collection, use, dissemination, and retention of biometric identifiers.
Ubiquitous and near effortless identification eliminates individual's
ability to control their identities and poses a specific risk to the
First Amendment rights of free association and free expression.
---------------------------------------------------------------------------
\2\ See About EPIC, EPIC.org, https://epic.org/epic/about.html.
\3\ Exec. Order No. 13,780 8.
\4\ U.S. Customs and Border Protection, CBP Deploys Facial
Recognition Biometric Technology at 1 TSA Checkpoint at JFK Airport
(Oct. 11, 2017), https://www.cbp.gov/newsroom/national-media-release/
cbp-deploys-facial-recognition-biometric-technology-1-tsa-checkpoint.
---------------------------------------------------------------------------
Transparency about these biometric surveillance programs is
essential, particularly because their accuracy is questionable. In
December 2017, because of a Freedom of Information Act lawsuit pursued
by EPIC, we obtained a report from Customs and Border Protection, which
evaluated iris imaging and facial recognition scans for border control.
The ``Southwest Border Pedestrian Field Test'' reveals that the agency
program does not perform operational matching at a ``satisfactory''
level.\5\ In a related FOIA lawsuit, EPIC previously obtained documents
from the Federal Bureau of Investigation concerning the Next Generation
Identification database which contains facial scans, fingerprints, and
other biometrics of millions of Americans.\6\ The documents obtained by
EPIC revealed that biometric identification is often inaccurate.\7\
---------------------------------------------------------------------------
\5\ U.S. Customs and Border Protection, Southern Border Pedestrian
Field Test Summary Report, https://epic.org/foia/dhs/cbp/biometric-
entry-exit/Southern-Border-Pedestrian-Field-Test-Report.pdf (December
2016).
\6\ EPIC v. FBI--Next Generation Identification, EPIC, https://
epic.org/foia/fbi/ngi/.
\7\ DEPT. OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, NEXT
GENERATION IDENTIFICATION (NGI) SYSTEM REQUIREMENTS DOCUMENT VERSION
4.4 at 244 (Oct. 1, 2010), https://epic.org/foia/fbi/ngi/NGI-System-
Requiremets.pdf.
---------------------------------------------------------------------------
The use of facial recognition at the border has real consequences
for U.S. citizens as well as non-U.S. citizens. All people entering the
United States, including U.S. passport holders, could be subject to
this new screening technique. EPIC has filed a Freedom of Information
Act lawsuit to obtain documents to determine if there are proper
privacy safeguards in place for the collection of biometric information
at U.S. airports.\8\
---------------------------------------------------------------------------
\8\ EPIC v. CBP (Biometric Entry/Exit Program), EPIC, https://
epic.org/foia/dhs/cbp/biometric-entry-exit/.
---------------------------------------------------------------------------
There is also a new study from the MIT Media Lab which found that
facial recognition is less accurate for persons of color. The MIT study
found that the error rate in face recognition software for dark-skinned
females was 20.8 percent--34.7 percent, while the error rate for light-
skinned males was 0.0 percent--0.3 percent.\9\ As the New York Times
explained, ``[t]hese disparate results, calculated by Joy Buolamwini, a
researcher at the M.I.T. Media Lab, show how some of the biases in the
real world can seep into artificial intelligence, the computer systems
that inform facial recognition.''\10\ If it is correct that that facial
recognition as a form of identification discriminates against persons
of color in ways that other forms of identification do not, there is a
substantial civil rights concern that the committee should investigate.
---------------------------------------------------------------------------
\9\ Joy Buolamwini and Timnit Gebru, Gender Shades: Intersectional
Accuracy Disparities in Commercial Gender Classification, Proceedings
of Machine Learning Research (2018) at 11, available at http://
proceedings.mlr.press/v81/buolamwini18a/buolamwini18a.pdf.
\10\ Steve Lohr, Facial Recognition Is Accurate, if You're a White
Guy, New York Times, Feb. 9, 2018, https://www.nytimes.com/2018/02/09/
technology/facial-recognition-race-artificial-intelligence.html.
---------------------------------------------------------------------------
The involvement of private companies raises additional concerns.
CBP has enlisted airlines such as JetBlue and Delta to implement face
recognition technology at various points in airports.\11\ JetBlue is
running a self-boarding program using facial recognition in lieu of
checking boarding passes. Delta aims to use facial recognition as part
of baggage drop off.\12\ It is unclear whether access to biometric
identifiers by JetBlue and Delta will lead to non-security uses of
biometric identifiers.
---------------------------------------------------------------------------
\11\ Asma Khalid, Facial Recognition May Boost Airport Security But
Raises Privacy Worries, NPR, June 26, 2017, https://www.npr.org/
sections/alltechconsidered/2017/06/26/534131967/facial-recognition-may-
boost-airport-security-but-raises-privacy-worries.
\12\ Ben Mutzabaugh, Delta to test facial-recognition tech on new
self-service bag drop, USA TODAY, May 15, 2017, https://
www.usatoday.com/story/travel/flights/todayinthesky/2017/05/15/delta-
test-facial-recognition-tech-new-self-service-bag-drops/101703956/.
---------------------------------------------------------------------------
The airlines are selling the use of facial recognition as a
convenience feature, but it's part of a larger effort by the Government
to implement a biometric surveillance program. And, it's not clear if
passengers realize what they are signing up for. Even if some of the
passengers are aware, there is still a lack of information about the
Government's biometric entry-exit program.
The CBP and the TSA now plan deploy facial recognition technology
at TSA checkpoints--further expanding the use of a privacy-invasive
technology without regulations in place to provide proper protections.
Acting Assistant Administrator for Civil Rights and Liberties
Christine Griggs should be asked the following questions:
How exactly do these biometric tracking systems work? Are
they accurate?
How does facial recognition technology at TSA checkpoints
fit into the biometric tracking system?
Are there future plans for the increase use of facial
recognition or other biometric identifiers by the TSA?
Did CBP share the findings of the reports associated with
the various Biometric Entry/Exit pilots? And if so, could you
detail what the findings were?
How will TSA ensure that the collection and use of biometric
data will not expand beyond the original purpose?
What restrictions on the use of biometric identifiers by
private companies have been established?
We ask that this letter be entered in the hearing record. EPIC
looks forward to working with the subcommittee on these issues of vital
importance to the American public.
Sincerely,
Marc Rotenberg,
EPIC President.
Caitriona Fitzgerald,
EPIC Policy Director.
Jeramie Scott,
EPIC National Security Counsel.
Christine Bannan,
EPIC Policy Fellow.
Mrs. Watson Coleman. Thank you very much. This is to TSA.
There is a concern about individuals who have experienced
sexual trauma or some other impediment to being able to be
touched, to be patted down. How do you deal with that? What is
the protocol to deal with that? How do you know?
Ms. Fitzmaurice. So we have a lot of information that we
put out on our website, as well as with our TSA Cares program,
where individuals can reach out and let us know in advance. We
have officers that are trained to support these passengers who
may have some sort of need or assistance.
So our officers are trained to do that. You know, I
recognize that there are times where we do need to touch
individuals for our security mission. So really what we have
been focused on is being as transparent as possible with the
information that we put out there, as well as I mentioned
earlier the advisements that we give. So it is really important
for us to advise passengers not only in advance, but also while
we are engaging with them and providing a situation so that
they are comfortable. If that is if they want to have the
screening done in a private screening room, we can do that, as
well.
Mrs. Watson Coleman. OK. So my concern should not be a
concern that someone who, you know, claims to not be touchable
because of the trauma that he or she has experienced, something
happens to make sure that that is legitimate and we are not
just dealing with someone using that as an excuse?
Ms. Fitzmaurice. Well, we wouldn't question that type of
information from an individual. But if they do express that
they have some concern, I think we will definitely work with
them to accommodate and understand what their concerns are. No
one is exempt from the screening requirement. So--but really,
it is about how we work with them to accommodate them.
Mrs. Watson Coleman. So I know TSA has equal employment
opportunity programs and affirmative action programs--or
programs of that nature. I am wondering if you have any
specific program that addresses the employment of transgenders
and whether or not you are employing transgenders as TSOs.
To that extent, after you answer that question, I would
like to know from Ms. Tobin, have you ever encountered any?
Have they ever expressed any concerns about upward mobility
opportunities? So I will leave it to either Ms. Griggs and Ms.
Fitzmaurice first.
Ms. Griggs. Thank you for your question. Yes, so we--to the
extent that our transgender employees have informed us that
they are transgender, yes, we do have transgender employees on
our work force. To your--if you could just repeat your second
question, ma'am. I forgot your second question.
Mrs. Watson Coleman. It had to do with whether or not there
are any TSOs.
Ms. Griggs. Yes, there are transgender TSOs, yes, ma'am.
Mrs. Watson Coleman. And if there have been sort of any
impediments to their upward mobility. Because we have heard
from females that there may be some impediment to upward
mobility at the agency, but then I see the two of you here
representing the agency. But anyway----
Ms. Griggs. So I would say that, as it stands right now, we
are working on a written policy as it relates to our
transgender employees and trying to find the right balance
between, obviously, civil rights and liberties of the
employees, as well as for the traveling public.
The other thing I would add is that, you know, each
situation we take individually. I think that the airports and
the field operations by and large have been working very
closely with any transgender employees through any transition
and working with them to ensure that they are comfortable, that
the work force is comfortable, you know, in order to ensure a
smoother transition.
Mrs. Watson Coleman. Thank you. Ms. Tobin.
Ms. Tobin. We have heard in the past--we have seen cases--
and in fact, TSA has had to settle EEO complaints of
transgender TSOs who have faced harassment or work restrictions
or other forms of discrimination. Sometimes it is a matter of
either--of management decisions at the airport or elsewhere.
That is not something that we have heard in the last few years.
Mrs. Watson Coleman. Good.
Ms. Tobin. We certainly look forward to the agency
clarifying its EEO policy. It lags behind much of the rest of
the Government in that respect. We certainly see transgender
officers in law enforcement and security positions around the
country successfully. There is no, you know, special concerns
for them interacting with the public, as long as they can do
their jobs like everyone else.
Mrs. Watson Coleman. Thank you. One last general question.
I know that you have two coalitions that you deal with to get
feedback and that you inform of the policies and procedures. My
question to you is, as you are developing these policies and
procedures and considering these policies, do you seek feedback
from your coalition partners in that process as opposed to at
the end of it informing them so that they can therefore educate
their communities?
Ms. Griggs. Thank you for your question. Yes, we absolutely
do. I think as part of our regular and consistent engagement
with the coalitions, we do bring forward any proposed policies
or changes that we are considering and absolutely allow for
their input on the front end of things.
I think it is also important to inform them of the reasons
why we are recommending such policies or, you know, what is the
reason behind things, so we do involve them in the beginning.
Mrs. Watson Coleman. Thank you. Thank you very much for
your responses. I yield back.
Mr. Katko. Thank you. I would like to thank all three of
you for your testimony today. It was very well done, very
thoughtful and helpful.
Members of the committee may have some additional questions
for the witnesses. We will ask you to respond to these in
writing. As you know, I made a request for a response in
writing within 10 days, and we will follow up with a letter
today, so you know exactly what we are looking at. I appreciate
it if you would accommodate that within the 10-day period.
Pursuant to committee rule VII(D), the hearing record will
be held open for 10 days. Without objection, the subcommittee
stands adjourned.
[Whereupon, at 11:08 a.m., the subcommittee was adjourned.]
A P P E N D I X
----------
Questions From Chairman John Katko for the Transportation Security
Administration
Question 1a. Ms. Stacey Fitzmaurice testified that TSA has
``additional screening measures that we can apply, the use of canines
as an example,'' to move non-PreCheck passengers into PreCheck lanes at
airport checkpoints.
How often does TSA utilize additional screening measures to move
non-Precheck-enrolled passengers into PreCheck lanes?
Question 1b. What data does TSA use to determine a non-PreCheck
passenger's level of risk? Please describe all factors considered.
Question 1c. What are the existing guidelines provided to TSO's
that permit them to move non-PreCheck passengers into PreCheck lanes?
Question 1d. Please describe all supplemental screening measures
that TSA employs to offset the risks associated with moving non-
PreCheck passengers into PreCheck lanes.
Answer. When operating Canine Enhanced Screening (CES), canine
teams have served as an additional layer of security allowing TSA to
supplement standard screening procedures, which include screening of
the person, an Explosives Trace Detection and physical search of their
accessible property for the entire checkpoint. Through the combined use
of a Passenger Screening Canine Team (PSC) and Behavior Detection (BD)-
certified TSOs, TSA moved non-TSA PreCheck passengers into the TSA
PreCheck lane.
As soon as plausible, and based on concerns recently raised with
this approach, TSA intends to cease the process of directing non-TSA
PreCheck passengers into TSA PreCheck Lanes regardless of the use of
CES. TSA will primarily employ CES in the standard screening lanes.
When possible, TSA will also run CES in the TSA PreCheck lanes as an
added level of security.
Question 2a. How does the Canine Enhanced Screening (CES) program
differ from traditional canine screening at checkpoints? Does the
application of the CES program vary between PreCheck lanes and non-
PreCheck lanes?
Answer. The Canine Enhanced Screening (CES) program is not
different from traditional canine screening at checkpoints. The
application of the program does not vary between TSA PreCheck and non-
TSA PreCheck lanes.
Question 2b. Has TSA explicitly utilized the CES program to replace
other forms of screening?
Answer. No, Canine Enhanced Screening adds an additional layer of
explosives detection at the security checkpoint.
Question 2c. Is Canine Enhanced Screening used to increase
throughput at standard screening lanes?
Answer. No. The primary function of CES is not for increased
throughput, but rather to serve as an increased layer of detection and
deterrence.
Question 3a. Ms. Stacey Fitzmaurice testified that TSA has ``taken
steps to reduce the number of individuals who would be getting
PreCheck that are not enrolled.''
Please describe the steps that TSA has taken as well as relevant
future actions planned to reduce the number of individuals who are
being diverted into PreCheck lanes but are not enrolled in PreCheck.
Question 3b. Does TSA intend to draw down or cease the use of
rules-based PreCheck screening for passengers?
Answer. TSA is actively reducing the number of non-enrolled
travelers in TSA PreCheck lanes. In May 2017, TSA stopped the practice
of allowing certain passengers who had not been vetted through the TSA
PreCheck application process from being granted access to TSA
PreCheck lanes as a result of their frequent flyer status. In October
2017, TSA began a steady decrease in the overall number of rules-based
travelers in the TSA PreCheck lanes, at a rate in line with the growth
of the Trusted Traveler throughput to maintain efficient operations.
As soon as plausible, TSA intends to cease the process of directing
non-TSA PreCheck passengers into TSA PreCheck Lanes regardless of
additional measures in the queue such as Passenger Screening Canines or
BD certified TSOs. TSA has determined that only passengers with TSA
PreCheck on their boarding pass will be directed into TSA PreCheck
lanes.
TSA employs a governance process to regularly review the rules
associated with passenger vetting. Based on the most recent review, TSA
intends to cease certain rules-based inclusion, and continue to draw
down other rules as described above.
Question 4a. There are approximately 4,000 Passenger Support
Specialists at airports across the country who provide on-the-spot
assistance to travelers during the screening process. Is there at least
one PSS at each Federalized airport where TSA is responsible for
screening? If not, is TSA taking steps to increase the number of PSSs?
Answer. As of April 1, 2018, 82 percent of Federalized airports
Nationally have at least one Passenger Support Specialist (PSS) (359 of
440 Federalized airports). As airports are resourced differently, the
level of assistance a passenger receives at the security screening
checkpoint may vary. While some airports have an individual who will
call the passenger to gather additional information and arrange a
meeting time and place, others may notify the checkpoint manager of the
passenger's itinerary without pre-contact being made. TSA's goal is to
have a PSS available during a checkpoint's operational hours. If the
passenger arrives at the checkpoint and has any concerns before,
during, or after the screening process, he or she should immediately
request to speak with a Supervisory Transportation Security Officer
(STSO) or a PSS for assistance.
TSA is looking at ways to expand the PSS Program, including
incentives and/or asking additional groups of Transportation Security
Officers to complete the training, i.e., focusing on CAT-X airports, or
focusing on STSOs. While the specific alternatives are not yet
identified, we intend for the PSS program to grow.
Question 4b. What specialized training do PSSs receive?
Answer. Passenger Support Specialists (PSSs) are all Transportation
Security Officers (TSOs) who receive TSO training as well as a minimum
of 1.5 hours of additional training in disability etiquette and
sensitivity that is delivered by a member of the TSA Disability and
Medical Conditions Coalition. PSSs and TSOs also have the opportunity
to receive etiquette and sensitivity training in a number of other
areas, including transgender, religion, tribal affairs, race, and
handling religious or sacred items. Moreover, training is available to
all TSOs covering how to engage with individuals across a wide range of
disabilities and medical conditions. All of these training
opportunities are hosted by TSA and delivered by its Coalition members.
The trainings are recorded and available in TSA's On-line Learning
Center library. TSA intends to continue to increase the number of TSOs
who receive this training.
Question 4c. To build upon a person-centric screening process, how
can TSA expand the PSS program to incorporate a larger percentage of
TSOs? What kinds of incentives would you recommend to support this
initiative?
Answer. TSA is exploring incentives to expand the PSS Program,
including embedding PSS qualification as a career progression option,
or as a requirement for promotion.
Question 4d. How have TSA's public engagement efforts highlighted
the PSS program as a way to proactively support passengers before they
arrive at the airport?
Answer. The availability of a PSS is advertised on the website
(www.TSA.gov) in multiple locations, including printable fact sheets
and blog posts. TSA also promotes this service on Facebook, Twitter,
and YouTube. In addition, the information is provided directly to
passengers by the TSA Contact Center, via both telephone and email, and
by AskTSA Social Care agents, when responding to social media
inquiries.
TSA also informs the public about the PSS program through the
following:
A monthly e-broadcast called ``What to Expect,'' which is
sent to nearly 400 organizations and advocacy groups in TSA's
Disability and Medical Conditions Coalition;
A periodic e-broadcast called ``Know Before You Go,'' which
is sent to about 55 organizations and advocacy groups in TSA's
Multicultural Coalition;
Operating booths at Coalition-sponsored events;
Hosting regular (at least quarterly but usually more often)
Coalition teleconferences and the TSA Annual Coalition
Conference in Washington, DC;
Participating as panelists or speakers at Coalition-hosted
events; and
Engaging with airlines and airport operators.
Questions From Ranking Member Bonnie Watson Coleman for the
Transportation Security Administration
Question 1. Are there any updates on when we can expect to see
gender-neutral screening technology at checkpoints?
Answer. The original Advanced Imaging Technology (AIT) was gender-
neutral but required an operator to review every image, which created
privacy concerns with the traveling public. As a result, TSA developed
an algorithm to avoid the need for a person to review all of the
images. To protect the traveling public's privacy, that algorithm
included considerations to avoid false alarms that would otherwise
require a passenger to be physically screened. Through the gender
selection option, TSA was able to reduce the number of times a
passenger needed to be physically screened by an officer.
TSA is exploring the potential development of a new configuration
of the current AIT and demonstrating a new AIT manufacturer to
accommodate gender-neutral screening while still minimizing the need
for physical screening due to false alarms. This technology is still
under development and in the demonstration testing phase with no time
line for acquisition or deployment. TSA will also include these
requirements in future solicitations for on-person screening
procurements as the technology becomes available.
Question 2. Please provide an update on the written EEO policy
regarding transgender TSOs.
Question 3. Please provide data on the number of transgender TSOs
currently in the workforce at TSA.
Answer. TSA does not currently have a written EEO policy regarding
transgender TSOs. Also, TSA does not ask for or collect data on the
gender identity of its employees and therefore cannot provide data
regarding the number of transgender TSOs in its workforce.
Question 4. Do Passenger Support Specialists receive additional pay
or benefits?
Answer. Passenger Support Specialists do not receive additional pay
or benefits.
Question 5. How does TSA advertise the availability of Passenger
Support Specialists to passengers, both prior to and upon arrival at
the checkpoint?
Answer. The availability of a Passenger Support Specialist (PSS) is
advertised on the website (www.TSA.gov) in multiple locations,
including printable fact sheets and blog posts. The Transportation
Security Administration (TSA) also promotes this service on Facebook,
Twitter, and YouTube. In addition, the information is provided directly
to passengers by the TSA Contact Center, via both telephone and email,
and by AskTSA Social Care agents when responding to social media
inquiries.
TSA also informs the public about the PSS program through the
following:
A monthly e-broadcast called ``What to Expect,'' which is
sent to nearly 400 organizations and advocacy groups in TSA's
Disability and Medical Conditions Coalition;
A periodic e-broadcast called ``Know Before You Go,'' which
is sent to about 55 organizations and advocacy groups in TSA's
Multicultural Coalition;
Operating booths at Coalition-sponsored events;
Hosting regular (at least quarterly but usually more often)
Coalition teleconferences and the TSA Annual Coalition
Conference in Washington, DC;
Participating as panelists or speakers at Coalition-hosted
events; and
Engaging with airlines and airport operators.
Question 6. What additional training do Passenger Support
Specialists receive? How long does the additional training take?
Question 7. Has TSA considered providing the same additional
training to all its officers--essentially making all officers Passenger
Support Specialists?
Answer. All Transportation Security Officers (TSOs) receive initial
and on-going training regarding how to properly engage with passengers.
TSA emphasizes treating passengers with respect, courtesy, and dignity.
Passenger Support Specialists (PSSs) receive a minimum of 1.5 hours
of additional training in disability etiquette and sensitivity that is
delivered by a member of TSA's Disability and Medical Conditions
Coalition. PSSs and TSOs also have the opportunity to receive etiquette
and sensitivity training in a number of other areas, including
transgender, religion, tribal affairs, race, and handling religious or
sacred items. Moreover, training is available to all TSOs covering how
to engage with individuals across a wide range of disabilities and
medical conditions. All of these training opportunities are hosted by
TSA and delivered by its Coalition members. The trainings are recorded
and available through TSA's On-line Learning Center. TSA intends to
continue to increase the number of TSOs who receive this training.
Question 8. When assessing the value of the behavior detection
program, has TSA considered the negative effects of the program on the
public's perception of TSA?
Question 9. Has TSA engaged with advocacy groups to ensure that the
list of concerning behaviors is not based on cultural misunderstandings
and does not discriminate against any race, ethnicity, or religion?
Answer. TSA works with stakeholder communities to ensure that it
understands how its processes and procedures affect them. TSA has
developed collaborative relationships with a variety of stakeholders
through the Disability and Medical Conditions Coalition and the
Multicultural Coalition, and TSA considers their feedback, complaints,
and concerns.
Regarding the behavior detection program specifically, TSA did not
discuss the list of concerning behaviors with stakeholder communities
because the behaviors were considered Sensitive Security Information
that could not be shared. TSA did however rely on its own internal
reviews to ensure that the identified behaviors were not based on
cultural misunderstandings and did not discriminate against any race,
ethnicity, or religion.
TSA has a zero tolerance policy regarding unlawful profiling. This
prohibition has been reinforced through training and policy directives.
Additionally, every Transportation Security Officer takes a no-
profiling pledge and is trained and expected to report allegations of
profiling to local management or TSA's Office of Civil Rights &
Liberties, Ombudsman, and Traveler Engagement, which is responsible for
responding to civil rights complaints.
Question 10. Has TSA considered proactively soliciting passenger
feedback on a broad scale, such as through surveys or focus groups?
Answer. TSA has proactively solicited passenger feedback on a broad
scale. Passenger solicitations, including surveys and interviews, are
regularly included during checkpoint performance assessments and when
TSA introduces changes to the passenger screening environment.
Most recently, TSA conducted a broad-scale field study on passenger
experience to identify opportunities for improving the ways
Transportation Security Officers (TSOs) interact with passengers. As
part of the study, TSA solicited feedback from passengers and TSOs at
five U.S. airports, varying in size and geographic region, through the
use of in-depth surveys and interviews.
TSA distributed passenger experience surveys in TSA PreCheck and
standard lanes over 8-hour periods at three airports, collecting
responses from 218 passengers. The survey questions were designed to
assess passenger perceptions of their general experience and
interactions with TSOs. To gather more detailed responses to supplement
and validate survey data, TSA conducted 16 hours of one-on-one
interviews with TSA PreCheck and standard lane passengers at two
additional airports, soliciting responses from 166 passengers. The
topics covered in the survey include: Passenger experience, prior
knowledge of and consistency of screening procedures, as well as
passenger perception of the agency and its employees.
Survey and interview questions were carefully analyzed to identify
opportunities for improvements to TSO and passenger experiences. All
questions and survey methods were approved through the Office of
Management and Budget's Paperwork Reduction Act approval process.
Question 11. What results have you seen from the introduction of
additional Divestiture Officers?
Answer. By posting dedicated Divest Officers (DOs) in each lane,
TSA has significantly increased passenger engagement. The DO
communicates to passengers the need to divest items and separate them
into more bins. This process reduces X-ray on-screen clutter, provides
a clearer picture, and better enables isolation of items for more
effective resolution of potential threats or false positives.
Question 12. How often does TSA reevaluate trainings to consider
whether updates are necessary?
Answer. TSA training updates are often made in response to evolving
threats, procedural/policy changes, and updates to the Standard
Operating Procedures, which resulted in more than six such updates/
changes in 2017. The training is dynamic and designed to match the
environment in which the TSA operates. Each year TSA issues a National
Training Plan that includes not only updated training materials to
incorporate changes to policies and procedures, but also newly-
developed training that is designed to strengthen and expand
Transportation Security Officers (TSOs) knowledge base and technical
skills. The launch of the TSO Basic Training Program at the TSA Academy
in January 2016, necessitated a full review and redesign of the course
curriculum that is now being delivered, and continues to be updated to
align with changes to policies, procedures, and/or information related
to the threat. Per TSA's Training Standards Management Directive and
Handbook, a curriculum review may occur at shorter intervals as
appropriate; however, a comprehensive curriculum review is completed at
a minimum of once every 5 years.
Question 13. To what extent is the Office of Civil Rights and
Liberties included in the process of developing new policies and
procedures, including the process of choosing technology solutions?
Answer. The Office of Civil Rights and Liberties, Ombudsman and
Traveler Engagement (CRL/OTE) reviews proposed TSA procedures to ensure
compliance with applicable civil rights and civil liberties statutes.
Additionally, CRL/OTE solicits input from appropriate TSA Disability
and Medical Condition Coalition and TSA Multicultural Coalition
stakeholders when a proposed technology solution is identified that may
affect those communities.
Through working with TSA's Innovation Task Force, CRL/OTE ensured
its April 2017 Broad Agency Announcement (BAA), which solicited people,
process, and technology innovations from industry, required solutions
that, ``ensure access and equal opportunity as required by Section 504
of the Rehabilitation Act . . . for individuals with disabilities'' and
``improve screening of headwear and hair.'' The BAA also encouraged
vendors, ``to submit solutions that address capability gaps in civil
rights compliance, including upgrades to improve screening of
transgender passengers.''
Question 14. What communications are officers instructed to provide
to passengers prior to a pat-down to explain what led to the need for a
pat-down?
Answer. Prior to conducting a pat-down, Transportation Security
Officers (TSOs) are instructed to communicate to the passenger the need
to conduct a search of their person. This includes advising why a pat-
down is required (e.g. alarmed the Walk-Through Metal Detector (WTMD)
or Advanced Imaging Technology (AIT), passenger elects to opt-out of
WTMD/AIT screening, passenger's accessible property alarms Explosive
Trace Detection equipment, passenger is selected for additional
screening [no identification], or passenger is selected for random
screening). The TSO also offers the passenger the option of private
screening. During the pat-down, the TSO will advise the passenger prior
to conducting a search of each body area. If a pat-down of a sensitive
area is required, the TSO will provide a demonstration of the search
procedures prior to beginning the search. The TSO will also make every
effort to position the passenger where they have the ability to
maintain visual sight of their accessible property.
[all]