    [Senate Hearing 117-558]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-558

                         NOMINATION OF DAVID P. PEKOSKE

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                   HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION
                                   __________

                      NOMINATION OF DAVID P. PEKOSKE TO BE
             ADMINISTRATOR, TRANSPORTATION SECURITY ADMINISTRATION,
                      U.S DEPARTMENT OF HOMELAND SECURITY
                                   __________

                                 JULY 21, 2022

            Available via the World Wide Web: http://www.govinfo.gov

                           Printed for the use of the
            Committee on Homeland Security and Governmental Affairs

                      [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                                  ___________

                        U.S. GOVERNMENT PUBLISHING OFFICE

    49-377PDF                 WASHINGTON : 2023

            COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                       GARY C. PETERS, Michigan, Chairman
    THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
    MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
    KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
    JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
    ALEX PADILLA, California             MITT ROMNEY, Utah
    JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                         JOSH HAWLEY, Missouri

                       David M. Weinberg, Staff Director
                        Zachary I. Schram, Chief Counsel
             Christopher J. Mulkins, Director of Homeland Security
                          Claudine J. Brenner, Counsel
                        Nitka Khani, Research Assistant
                    Pamela Thiessen, Minority Staff Director
        Andrew Dockham, Minority Chief Counsel and Deputy Staff Director
           Cara G. Mumford, Minority Director of Governmental Affairs
           Kirsten D. Madison, Minority Director of Homeland Security
                        Allen L. Huang, Minority Counsel
         Clyde E. Hicks, Jr., Minority Senior Professional Staff Member
                         Laura W. Kilbride, Chief Clerk
                         Thomas J. Spino, Hearing Clerk

                                C O N T E N T S

                                     ------
    Opening statements:
                                                                       Page
        Senator Peters...............................................     1
        Senator Portman..............................................     4
        Senator Carper...............................................    11
        Senator Hawley...............................................    14
        Senator Scott................................................    17
        Senator Ossoff...............................................    20
        Senator Rosen................................................    24
    Prepared statements:
        Senator Peters...............................................    27
        Senator Portman..............................................    29

                                   WITNESSES
                            Thursday, July 21, 2022

    David P. Pekoske to be Administrator, Transportation Security
      Administration, U.S. Department of Homeland Security
        Testimony....................................................     3
        Prepared statement...........................................    31
        Biographical and professional information....................    33
        Responses to post-hearing questions..........................    55

                      NOMINATION OF HON. DAVID P. PEKOSKE

                                  ----------

                            THURSDAY, JULY 21, 2022

                                         U.S. Senate,
                               Committee on Homeland Security
                                      and Governmental Affairs,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:15 a.m., in
    room SD-342, Dirksen Senate Office Building, Hon. Gary Peters,
    Chairman of the Committee, presiding.
        Present: Senators Peters, Carper, Hassan, Sinema, Rosen,
    Ossoff, Portman, Lankford, Scott, and Hawley.

                OPENING STATEMENT OF CHAIRMAN PETERS\1\

        Chairman Peters. The Committee will come to order.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Senator Peters appear in the Appendix
    on page 27.
    ---------------------------------------------------------------------------
        Today we are considering the nomination of David Pekoske to
    be the Administrator of the Transportation Security
    Administration (TSA) at the Department of Homeland Security
    (DHS). Administrator Pekoske, welcome back to the Committee and
    congratulations on another nomination for this position, and
    thank you for your willingness to continue to serve in a
    challenging and important role in the Federal Government.
        Over 20 years ago, the Transportation Security
    Administration was established in response to the September
    11th terrorist attacks to carry out the essential mission of
    ensuring that travelers are both safe and secure. Since its
    creation, travelers have encountered TSA on a daily basis, most
    notably during the security screening process at our nation's
    airports. In fact, TSA currently screens over 2 million
    travelers each and every day.
        This is a significant undertaking, and it would not be
    possible without our dedicated frontline TSA staff, who work
    hard each and every day to ensure our transportation system's
    safety but especially throughout the national pandemic, where
    they continued to serve with great honor.
        Administrator Pekoske, I am thankful for your vocal support
    of the TSA workforce and I look forward to working with you to
    ensure that our TSA officers receive the compensation and the
    benefits that they certainly deserve.
        As we discussed during last week's hearing, the threat to
    our homeland security posed by unmanned aircraft systems (UAS)
    is rapidly growing, and I know TSA has requested explicit
    authorities to conduct counter-unmanned aircraft system (C-UAS)
    activities to maintain our transportation security, and I
    certainly support these efforts. I am working on bipartisan
    legislation now to reauthorize and strengthen counter-unmanned
    aircraft system authorities to better tackle this threat, which
    I plan to introduce in the coming weeks.
        As we work to protect travelers from threats in the sky we
    must also focus on the travel experience on the ground. As
    Chairman of this Committee, I have long pressed the Department
    of Homeland Security and its component agencies to address
    concerns raised by communities, including Michigan's Muslim and
    Arab communities, about challenges they face during the travel
    screening process. The security of our transportation system is
    absolutely critical, but we must also ensure that TSA is
    upholding civil rights and civil liberties and the privacy of
    our travelers.
        I am pleased that Customs and Border Protection (CBP) has
    recently announced a new Senior Community Relations Manager to
    address these very unique concerns, but I would like to see TSA
    take a more proactive step to be responsive to the affected
    communities and address these concerns as well.
        Administrator Pekoske, if confirmed for a second term, you
    will play a critical role in ensuring our travel screening
    procedures and standards, specifically the DHS Traveler Redress
    Inquiry Program, are fair and equitable, easy to navigate, and
    as transparent as absolutely possible.
        I look forward to working with you to ensure TSA can
    proactively protect travelers and our transportation facilities
    and to hearing more from you about your vision for continuing
    the TSA's critical mission.
        Ranking Member Portman will be joining us shortly. We have
    a lot going on all around Capitol Hill right now. He will be
    here shortly and will have an opportunity for an opening
    statement at that time.
        Now it is the practice of the Committee to swear in
    witnesses, so if you will please stand, sir, and raise your
    right hand.
        Do you swear that the testimony you will give before this
    Committee will be the truth, the whole truth, and nothing but
    the truth, so help you, God?
        Mr. Pekoske. I do.
        Chairman Peters. Thank you. You may be seated.
        Today our witness is David Pekoske, who is nominated to
    serve a second term as Administrator of the Transportation
    Security Administration at the Department of Homeland Security.
    Administrator Pekoske oversees 60,000 employees and is
    responsible for security operations at nearly 440 airports
    throughout the United States and the security of highways,
    railroads, mass transit systems, and pipelines.
        While at DHS, Administrator Pekoske also served as the
    Acting Secretary and as the senior official performing the
    duties of Executive Secretary.
        Previously, Administrator Pekoske served as the 26th Vice
    Commandant of the United States Coast Guard (USCG), and as an
    executive in the government services industry where he led
    teams that provide counterterrorism, security, and intelligence
    support services to government agencies.
        Administrator, welcome back to this Committee. Thank you
    once again for your service and your willingness to serve once
    again. You may proceed with your opening remarks.

           TESTIMONY OF DAVID P. PEKOSKE,\1\ NOMINATED TO BE
      ADMINISTRATOR, TRANSPORTATION SECURITY ADMINISTRATION, U.S.
                    DEPARTMENT OF HOMELAND SECURITY

        Mr. Pekoske. Thank you, Mr. Chairman, and good morning
    Chairman Peters, Ranking Member Portman, and distinguished
    Members of the Committee. I have had the honor of serving as
    the leader of the Transportation Security Administration for
    nearly 5 years now, and it is my great privilege to be before
    you today to be considered for a second 5-year term as
    Administrator.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Mr. Pekoske appears in the Appendix
    on page 31.
    ---------------------------------------------------------------------------
        I thank President Biden for renominating me for this
    important national security position and I would like to also
    thank Secretary Mayorkas and the entire DHS team for their
    support during this process. I deeply appreciate the support my
    family provides me in this position and throughout my career.
        When President Biden announced my renomination, one
    acquaintance said to me, ``That is a tough job. Why would you
    want to do it again for another five years?'' The answer to
    this is simple. I want to continue to support the amazing TSA
    workforce. The TSA workforce is exceptional, and during my time
    at TSA, they have performed at a high level amid challenging
    and historic circumstances.
        Whether it is transportation security officers, Federal air
    marshals, inspectors, or all of the TSA employees who support
    them behind the scenes, I am immensely proud to be a part of an
    organization laser-focused on protecting our nation and its
    transportation system. They are a dedicated, committed
    workforce.
        Our transportation security officers interact with millions
    of people every day and perform a critical national security
    function for our Nation. Their watch never stops. They came to
    work without pay during a 35-day partial government shutdown in
    2019. They staffed the checkpoints when much of the rest of the
    country remained home amid the onset of the Coronavirus Disease
    2019 (COVID-19) pandemic. Transportation Security Officers
    (TSOs) have been an important part of the recovery of air
    travel that we are seeing this year, especially this summer.
        Similarly, our Federal air marshals protect the Nation
    during shutdowns, pandemics, and other high-level incidents.
    They do so with a level of professionalism and integrity that
    serves as a model for the entire TSA family.
        Our workforce is an inspiration to me and totally deserving
    of our full support. That starts with funding the President's
    fiscal year (FY) 2023 budget request, which provides pay equity
    for TSA employees and finally puts them on equal footing with
    the rest of their counterparts in the Federal Government.
        If confirmed, I will continue to do all that I can to
    advocate for and hopefully implement pay equity. I will
    continue to work hard to ensure the TSA workforce is well
    prepared to meet the challenges of the next five years and
    beyond.
        TSA does not do its job alone. Our mission success is
    directly dependent on the cooperation between the Agency and
    its myriad of partners.
        In aviation, we continue our strong partnerships with our
    critical stakeholders--the airlines, the airports, State and
    local governments, other Federal agencies, foreign governments,
    and of course pilots and flight attendants.
        Equally important are the growing partnerships we have with
    the surface transportation sector, where TSA works closely with
    the oil and natural gas pipeline, passenger and transit rail,
    freight rail, trucking, and bus industries.
        Finally, amid the challenges of growing cyber threats, TSA
    relies heavily on forging productive partnerships with owners
    and operators of our critical transportation infrastructure,
    for which TSA serves as the security regulator.
        I value our strong partnership with organized labor,
    employee resource groups, and advisory panels who provide
    advocacy for our workforce. They help us remain strong by
    promoting healthy and thriving work environments for our TSA
    family. I want to take a second and recognize these
    partnerships and thank all of those entities for their
    contributions toward securing our nation's transportation
    systems.
        If confirmed, I will do everything I can to make sure that
    TSA maintains and strengthens these important partnerships to
    ensure that our pursuit of the highest level of transportation
    security works in tandem with the facilitation of trade and
    commerce in the transportation system.
        Finally, I want to thank this Committee for your critical
    work to provide the authority to the Department, and now
    explicitly to TSA, to counter unmanned aerial systems. I also
    appreciate the Committee's work on critical infrastructure
    security, to include efforts addressing the cybersecurity of
    the transportation sector. If reconfirmed, I hope to continue
    this important cooperation between the Homeland Security and
    Governmental Affairs Committee (HSGAC) and TSA.
        After 20 years, TSA has grown considerably and we have
    learned a great deal about how to be the best at protecting our
    nation's transportation system. We still have much more work to
    do, but I remain committed to TSA's future.
        Chairman Peters, Ranking Member Portman, and distinguished
    Members of this Committee, I look forward to answering your
    questions. Thank you, sir.
        Chairman Peters. Thank you, Administrator.
        Ranking Member Portman, you are recognized for your opening
    comments.

                OPENING STATEMENT OF SENATOR PORTMAN\1\

        Senator Portman. First, thank you, Mr. Pekoske, for your
    willingness to serve again, and Mr. Chairman, thanks for having
    this hearing.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Senator Portman appears in the
    Appendix on page 29.
    ---------------------------------------------------------------------------
        This is a really critical position--I do not have to tell
    you that--and you know it well. It is also one that this
    Committee cares a lot about, given our oversight
    responsibilities. TSA has played a vital role since 9/11, of
    course, in combating terrorism and ensuring that our aviation
    and transportation systems are protected. As I walk through the
    TSA line, which I do twice a week, I say, ``Thank you for
    protecting us,'' because that is what you do.
        We appreciate that and we have fought to try to help ensure
    that your TSA personnel are treated appropriately in the
    Federal Government law enforcement context and we want to do
    more in that regard. We appreciate your work and the diligence
    of the TSA workforce.
        If you look at the record, although the Government
    Accountability Office (GAO) and others have helped to make your
    system work better by pointing out flaws, we have been blessed
    with not having the kinds of incidents that everybody feared
    that we would have repeatedly after 9/11.
        I will say that 9/11-type threats, having been really the
    greatest challenge and really the reason TSA was bulked up,
    appropriately, those threats have evolved over time, and
    specifically I want to talk to you about how TSA needs to
    realign to meet those evolving threats.
        Your job is not just to protect our airports and air
    travels but also the nation's surface transportation systems.
    Colonial Pipeline, you may know, is a big issue at this
    Committee. We had hearings on it. We drafted legislation. We
    actually enacted some legislation to help deal with that kind
    of a threat. It exposed vulnerabilities in TSA's oversight of
    our nation's surface transportation system, specifically the
    pipelines. But more broadly, that ransomware attack that hit
    Colonial Pipeline was the largest attack on oil infrastructure
    in the history of the country.
        It also prompted you to issue the first-ever cybersecurity-
    related security directors for owners and operators of
    pipelines. It requires mandatory incident reporting and the
    adoption of mitigation measures. When issuing these directives,
    TSA used emergency authorities, as you know, to bypass
    regulatory notice and comment periods. I remain concerned that
    the use of this emergency authority departs from TSA's
    previously collaborative approach with industry experts on
    cybersecurity standards, and this Committee, I think it is fair
    to say, on a bipartisan basis, has some concerns about this.
        Another area of concern we have is the repeated refusal to
    provide any information to this Committee about those draft
    directives to Congress. This includes the Chairs and Ranking
    Members of this Committee and other congressional oversight
    committees, despite having shared copies of the drafts of these
    directives to the pipeline industry. You provided them to the
    pipeline industry but not to the oversight committees.
        The explanation we have gotten is that you will not provide
    the drafts because they are pre-decision and, therefore,
    deliberative. I guess that confuses me, since you have already
    shared them with external companies, officials. Today will be
    an opportunity for you to explain how these documents can be
    both internally deliberative and yet externally shared with the
    private sector. That is a contradiction.
        I think sometimes when things come up to Congress they tend
    to become too public. All I can say is I think Chairman Peters
    and I, in particular, have a history of treating these kinds of
    sensitive documents in the appropriate way, and we need to know
    what your draft directives are saying to the private sector to
    be sure that our oversight responsibilities, which are
    incredibly important right now with regard to what is happening
    with these pipelines and other potential threats, are able to
    be fulfilled.
        Again, thank you for your years of service. TSA will
    continue to be a really important piece of the security
    framework of the United States as we get back even more travel.
    I was at the Greater Cincinnati Airport on Monday, and it was
    packed, and I was told that we are at 85 percent of where we
    were pre-COVID, but the summer, frankly, we are back to where
    we were in the summer of 2019. So that is good to hear. I know
    business travel is still off, but even with inflation and all
    the concerns about where our economy is headed, your travelers
    are back, and we have to be sure that TSA continues to provide,
    as I said earlier, this important service to protect them,
    protect our Nation, and we appreciate what they do every day.
        Again, thank you, Mr. Chairman, for holding this timely
    hearing, and I look forward to further talking about this draft
    directive.
        Chairman Peters. Thank you, Ranking Member Portman.
        There are three questions that this Committee asks of
    everyone who comes before us. I will ask you, Administrator
    Pekoske, if you could just respond briefly with a yes or no to
    each of these questions.
        First, is there anything you are aware of in your
    background that might present a conflict of interest with the
    duties of the office to which you have been nominated?
        Mr. Pekoske. No, sir.
        Chairman Peters. Second, do you know of anything, personal
    or otherwise, that would in any way prevent you from fully and
    honorably discharging the responsibilities of the office to
    which you have been nominated?
        Mr. Pekoske. No, sir.
        Chairman Peters. Lastly, do you agree, without reservation,
    to comply with any request or summons to appear and testify
    before any duly constituted committee of Congress, if
    confirmed?
        Mr. Pekoske. I do.
        Chairman Peters. Great. Thank you.
        Administrator Pekoske, you and I have spoken at length
    about concerns raised from the Muslim and Arab American
    communities about many of the TSA-implemented lists and
    policies and programs that can lead to additional screenings at
    the airport. We can both agree that security for airline travel
    is of the utmost importance, and that is something I am focused
    on 100 percent, as I know you are. But there are also multiple
    documented cases of individuals remaining on these lists for
    over a decade, even though there is no evidence whatsoever that
    they pose any sort of threat.
        My question for you, sir, is, please tell me what steps you
    are taking to address concerns that these policies
    disproportionately impact certain communities and have done so
    for at least 20 years?
        Mr. Pekoske. Yes, Mr. Chairman. Thank you very much for
    raising the issue and for our conversation last week. This is
    something that I really do want to address completely and
    fully, because I think it is very important for an agency that
    has security responsibility that directly impacts 2-plus
    million people every single day in the United States to have
    the trust of that traveling population to know that the
    procedures that we have and the processes we use are fair,
    equitable, consider civil rights, liberties, and privacy
    concerns of every single traveler.
        I commit to you that I will do everything that I can, which
    is substantial, to address this issue. You mentioned in your
    opening statement the designation of a direct report to provide
    input, and I fully endorse that idea. We do have an Office of
    Traveler Engagement within TSA that is a direct report to the
    Administrator. But I do want to make sure that we ensure that
    those lines of communication are robust to the point of rather
    than waiting for somebody to come to us that we have a
    regularly scheduled engagement.
        The other thing that I promise to do is to visit the
    communities in the State of Michigan and the State of Minnesota
    to introduce myself to those communities and to begin to
    establish a relationship with them at my level, in addition to
    the relationships that exist at other levels within the agency.
    I want people to feel that if they have a question about how
    TSA processes their security that we listen carefully, we get
    the facts that are there, and then make sure, when we go back,
    that we are not unfairly causing additional process to any
    particular traveler.
        The other thing, sir, that we discussed that I am already
    looking at is in our communications with travelers through the
    Traveler Redress Inquiry Program (TRIP), through the redress
    program, I think we can improve what we communicate back to
    passengers to clearly explain what the letter says and what it
    means and what it does not mean for them.
        Sir, you have my full commitment to address this. I know
    Commissioner Magnus was up in Michigan just recently. He came
    back and had a very good experience up there. I look forward to
    partnering with him and the Secretary to present a DHS team
    that can begin to address this problem completely.
        Chairman Peters. Excellent. Good to hear that. I appreciate
    your commitment and we will look forward to hosting you in
    Michigan in the near term. Thank you for your willingness to do
    that.
        As our nation continues to recover from COVID-19 pandemic,
    TSA's frontline staff, as you are well aware, continue to work
    tirelessly to ensure that our system remains safe and secure.
    However, significant parts of the TSA workforce I think are
    underpaid relative to other similarly situated Federal
    employees at other agencies, which has impeded TSA's ability to
    retain the qualified workers that are so essential for us.
        My question to you, sir, is, I appreciate your support of a
    proposal in the President's budget to address this longstanding
    inequity that would provide our frontline TSA staff with an
    increase in their base pay. But I would like you to address,
    what is the impact of this compensation and benefit disparities
    on our frontline TSA workforce, and why do we need this action
    in order to rectify this situation?
        Mr. Pekoske. Yes, Mr. Chairman. This is my No. 1 priority,
    as the Administrator currently, and if confirmed, as the
    Administrator going forward, is to fix this pay issue. As you
    mentioned, our frontline transportation security officers, the
    uniformed officers that travelers see every time they travel
    through a security checkpoint, on average they get paid 30
    percent less than their counterparts in the rest of the Federal
    Government. That is fundamentally unfair. It inhibits our
    ability to recruit and to retain talent. I think this is the
    most important thing facing us that we need to address.
        As you mentioned, the President included in the fiscal year
    2023 budget request to improve pay across the board in TSA, not
    above any other Federal agencies but equitable with every
    Federal agency. I just think it is so important that we do
    that.
        We have, in our screening workforce, about a 20 percent
    attrition rate. That is way too high. When I watch average
    levels of experience in our checkpoints go from five years to
    four years to three, that is a security concern as well.
        I would appreciate your continued strong support of pay
    equity. It is really so critically important for the success of
    TSA going into the future.
        Chairman Peters. All right. Thank you.
        Last week, this Committee held a hearing to examine the
    threat to the homeland posed by unmanned aircraft systems as
    well as a potential expansion of authorities to counter these
    UAS threats. Part of the legislation that I am working on
    currently with Senator Johnson would provide explicit
    authorization for the TSA to conduct C-UAS activities to
    protect transportation facilities and assets.
        Administrator Pekoske, my question to you is, could you
    explain the UAS threat that airports are currently facing, for
    this Committee, to fully understand, and why TSA needs these
    authorities, and you need them now, to maintain safe and secure
    air travel?
        Mr. Pekoske. Yes, Mr. Chairman. Airports are facing UAS
    challenges every single day, and just yesterday we had three
    reports from pilots of sightings of a UAS as either they were
    landing or taking off. Two or three days ago we had a
    helicopter that had a collision with a UAS in Pennsylvania.
        When we conduct our test beds--we have two test beds
    underway, one in Miami and one in Los Angeles ``that is just
    beginning''--those test beds show us that the reports that we
    get from pilots, that I just mentioned, are just the tip of the
    iceberg of UAS activity in and around airports, because we are
    testing our detect, track, and identify equipment to get a good
    picture of what is operating around those airports.
        We have done a lot of work on this, but there is so much
    more work to do. As you said, our authorities expire very
    shortly. They expire in October. If our authorities expire
    without being renewed or refreshed or enhanced, all of those
    test bed activities that we currently do and all the
    coordination work that we currently do will stop. This is a
    growing threat to our aviation system, and we need to continue
    this work apace.
        I appreciate your focus and your emphasis on providing
    direct authority to the agency. This is something that we need
    to be able to respond to on an instant, and having those direct
    authorities will greatly enable that.
        Chairman Peters. Thank you.
        Ranking Member Portman, you are recognized for your
    questions.
        Senator Portman. Thank you, Mr. Chairman. Mr. Pekoske, I am
    going to ask you first about terrorism and a TSA success, which
    was in possibly identifying a known terrorist, a Columbian
    national, whose name is Isnardo Garcia-Amado who was attempting
    to board a plane in Florida. Was this man listed on the No-Fly
    List?
        Mr. Pekoske. No, sir. He was not listed on the No-Fly List.
    This occurred back in April, about four days after he was
    encountered by the Border Patrol at Yuma, Arizona. When he
    showed up at the TSA checkpoint, given the information that he
    provided to the carrier when he purchased his ticket, we knew
    that we needed to do some additional identity verification work
    with this traveler, and then if that warranted some additional
    enhanced screening or with him as well, and that is what we
    did.
        Senator Portman. Was he in the Terrorist Screening
    Database?
        Mr. Pekoske. I cannot confirm whether any passenger--in
    general, we just do not confirm whether passengers are on the
    Terrorist Screening Database. What I can say is that the
    information this passenger provided indicated to us that we
    needed to provide enhanced screening and that we also needed to
    get further information on his identity. Furthermore, we
    thought it was necessary that we provide Federal air marshals
    on the flight that he was on.
        Senator Portman. OK. Do you allow some names on the
    Terrorist Screening Database to fly?
        Mr. Pekoske. Yes, sir.
        Senator Portman. Why would you allow that?
        Mr. Pekoske. Because we do not think that those passengers
    present such an immediate risk as to be catastrophic to an
    airplane in flight. But we have concerns, and we feel that we
    can mitigate those concerns through our screening process, and
    where appropriate, through the presence of Federal air marshals
    on the flights.
        We also, as part of that process working with the Federal
    Bureau of Investigation (FBIs) Terrorist Screening Center
    (TSC), is to coordinate that information across the
    interagency, so all agencies that have an interest are advised
    of that passenger's travel.
        Senator Portman. I would like to follow up on that. Maybe
    it is better in a classified setting. But if seems to me if
    someone is on the Terrorist Screening Database, rather than
    having to bring air marshals in to be able to fly with that
    person, that person should not be permitted on a U.S. carrier,
    or on a U.S. flight.
        Mr. Pekoske. Yes, sir. I understand and I am very happy to
    brief you in the appropriate setting. But this is a very
    carefully developed and coordinated and governed risk
    management process that we have used for years. But I am happy
    to brief you on it.
        Senator Portman. Yes. You are not going to tell me whether,
    Mr. Pekoske, he was on that list, but it sounds like you
    treated him as though he was.
        Mr. Pekoske. Yes, sir. We treated him with the risk that we
    felt he presented, and we wanted to mitigate that risk.
        Senator Portman. Is he continuing to fly?
        Mr. Pekoske. I do not know whether he has attempted to fly
    but he would be permitted to fly.
        Senator Portman. Is he here legally?
        Mr. Pekoske. I do not know the answer to that question,
    sir. That would be a Customs and Border Protection question.
        Senator Portman. You did not find that out in the process
    of screening?
        Mr. Pekoske. He was admitted into the country by the Border
    Patrol, so he is likely awaiting immigration proceedings.
        Senator Portman. A couple hundred thousand people a month.
    It does not mean they are here lawfully.
        Mr. Pekoske. Right. But he was admitted in, and he was most
    likely awaiting immigration proceedings.
        Senator Portman. Can you explain to this Committee why you
    can share draft copies of these directives we talked about
    earlier? These are the draft directives you provided to
    industry with regard to security for the pipeline industry. Can
    you explain why you would provide these draft copies to the
    private sector and not to congressional oversight committees?
        Mr. Pekoske. Yes, sir. We want to collaborate with our
    oversight committees and their staffs as greatly as we can, and
    we benefit significantly from that process. We have offered,
    and I believe we have briefed on the second security directive
    that you referenced in your opening statement of what is
    contained in that directive.
        Senator Portman. Yes, let me be clear on that. here is a
    letter from October of last year, where we asked the inspector
    general (IG) to get involved in this because we were not
    getting the information. I know they are doing an IG
    investigation now to try to figure out what is appropriate, an
    audit of your processes.
        We have been asking for this for a long time, and I see
    your staff nodding their heads when you say ``we briefed.'' We
    briefed last week, and you briefed only staff, and you did it
    in camera, meaning you would not leave the documents for the
    rest of us to see, including Members of the Committee. You did
    it last week, I assume, because you were coming in here today,
    which we appreciate you being here.
        But again, Senator Peters and I have a history of treating
    these documents with their appropriate level of sensitive. In
    this case there may be reasons for us to have these documents
    provided to us in a classified setting. We understand that. But
    we would certainly like to see them. We would like to know what
    you are directing these folks to do. We do not want another
    Colonial Pipeline, and our job is to try to, through our
    oversight, to avoid that. We are drafting legislation to deal
    with it, and not to know what the directives are you are
    telling the pipelines. It makes our job very hard, and I think
    it makes your job harder too.
        I would ask you today to share those with us. You say they
    are in internal deliberations. Is that the reason you have not
    shared them?
        Mr. Pekoske. We are about to reissue those. I intend to
    sign that directive this afternoon when I get back to my
    office. The reason why the briefs were offered last week was
    because it was in final form. That way you could see the net
    result process of our working with the industry and with our
    other Federal partners in developing----
        Senator Portman. But why have you not shared those with us?
        Mr. Pekoske. We will, sir. You will get a copy this
    afternoon.
        Senator Portman. OK. Thank you. I appreciate that. The
    Federal courts have been very clear about that. When the
    government voluntarily shares with a non-Federal party they
    waive any claim that the information is exempt from disclosure,
    and that has been true. I mentioned we have been at this for a
    long time. It goes back to October of last year. We appreciate
    you sharing it with us.
        Again, I thank you for your willingness to step up and
    serve again. You have a tough job because it is a difficult
    task for TSA, and your pay grades are not that of other Federal
    law enforcement officials. I think the TSA morale problem is
    real. Again, I have a lot of discussions with TSA individuals
    and have gotten to know some of them through the years. This
    problem has spanned administrations and spanned secretaries so
    I am not putting the onus on this administration. You have been
    in both the Trump administration and now the Biden
    administration.
        If confirmed, what do you believe is your role in improving
    morale at TSA, and what plans do you have to do things
    differently, based on your experience over the past five years?
        Mr. Pekoske. Yes, sir. My central is the leader of the
    agency, and part of what I am trying to do--and this takes some
    time--is to, one, be very responsive to the feedback we are
    getting from our frontline workforce and the workforce across
    the agency. As you know, we do the Federal Employee Viewpoint
    Survey (FEVS) every year. We encourage--in fact, it closes, I
    believe, tomorrow, and we have actively encouraged people and
    given them time to fill out those survey results. Then I think
    we demonstrate very well to our employees that we pay attention
    to the input that we receive, and we look at individual
    location differences so that we can drill in and figure out
    what is going on, to address the source of dissatisfaction.
        I think pay is a big part of it but it is not the only
    part. Part of it is to make sure that people have opportunity
    to grow in TSA and to do all the great things that we do, in
    the security checkpoint and beyond.
        Senator Portman. OK. My time has expired. We look forward
    to the draft directive.
        Mr. Pekoske. Yes, sir.
        Senator Portman. Thank you for your service.
        Mr. Pekoske. Thank you, sir.

                  OPENING STATEMENT OF SENATOR CARPER

        Senator Carper [presiding]. Senator Portman, good morning.
    How are you?
        Senator Portman. Just got back.
        Senator Carper. Yes, I did. Nice to be back. It is always
    good to see you.
        He and I worked together on this Committee for a long time,
    and he chaired the Permanent Subcommittee on Investigations
    (PSI) and he was good enough to let me be his wingman. We did
    some very good work.
        How are you today?
        Mr. Pekoske. I am doing great, Senator. How are you?
        Senator Carper. Good. Thanks so much for coming by
    yesterday and bringing some folks from your team. I look at the
    lineup behind you and I see a couple of very familiar faces,
    and it is always a pleasure to see them. I like to say we are
    only as good as the people we have around us, and you have some
    exceptional people around you.
        My staff has given me a couple of questions that they would
    like for me to ask, and I will get to those. But I want to
    start off by saying you have had an opportunity to serve in
    this role for five years. What are some things that you have
    learned over the last five years that you think will help you
    be an even more effective leader in the next five?
        Mr. Pekoske. Yes, sir. Every day is a learning experience
    in TSA because the agency is incredibly complex. We talked
    about, in the Chairman's opening statement, that we are known
    primarily for aviation security, but even just that sentence
    understates the scope and the scale of what we do, because
    aviation means airlines and airports, it means cargo facilities
    that screen cargo before it gets on board aircraft, et cetera.
    It is a very complex job.
        I endeavor to be as close to the front line of TSA as I
    possibly can, because I do not want to be in a setting like
    this, speaking to the agency's process, and have folks that
    work in TSA hearing me say that going, ``OK, he does not have
    that as right as we wish he would.'' I want to be a credible
    voice for my workforce.
        As I said my opening statement, sir, and we talked about
    this in your office, I am humbled by the tremendous workforce
    that TSA has, and I view my primary responsibility to support
    and enable them and to give them the tools and the technology
    they need to get the job done. They serve us proud.
        Senator Carper. All right. Thank you. I wanted to talk a
    little bit about Innovation Task Force (ITF). I recall, I think
    it was in 2015, the Transportation Security Administration
    created an Innovation Task Force. I think it was for a couple
    of reasons. One was to foster innovation, and also to improve
    the passenger experience while trying to ensure that the agency
    stays ahead of the very dynamic threat environment in which we
    all operate and live.
        You have stated that this task force is collaborating, I
    think, with industry, with airlines, airports, equipment
    manufacturers, and others to try to find and deploy the very
    best technology to further improve security and improve the
    passenger experience.
        Could you give us an update, please, perhaps maybe some
    concrete examples, on how this task force has responded to the
    evolving threat landscape by bad actors, who use gaps in our
    defenses, and additionally, how is TSA working with
    international and with industry partners to enhance our
    security?
        Mr. Pekoske. Yes, Senator. Thanks for your comments on the
    Innovation Task Force. I mean, it is one of the crown jewels of
    TSA. It is embedded in our requirements and capabilities
    analysis staff within TSA headquarters, but really it reaches
    across the entire agency and with our entire partner set.
        I will give you a couple of examples of things the
    Innovation Task Force has done that passengers can see now when
    they go through the screening process. When you think about,
    you put it in context of a government agency actually
    delivering capability very quickly that improves security and
    improves the passenger experience at the same time.
        The first example I would give you is our new identity
    verification technology, and I will even take it a step further
    as to where this is going over the next couple of months. We
    just announced a partnership with Apple where passengers can
    download their State driver's license in States that
    participate into their Apple Wallet. You will be able to, and
    you can right now at Baltimore Washington International (BWI)
    Airport, for example, in this area, Phoenix airport in Arizona,
    when you walk up to the checkpoint rather than handing over
    your driver's license or inserting your driver's license in a
    slot on a machine you tap your phone and it transmits the
    information. So totally touchless.
        What happens not infrequently is people forget their
    driver's license sometimes, but they hardly ever forget their
    phones. Having this in your phone is a huge benefit, I think,
    to passengers and certainly it is better security for us.
        The next technology is our computer tomography (CT) scan x-
    ray technology. What this does is it gives us a much better,
    much richer picture of what is in a carry-on bag, to the point
    where we can resolve any concerns we have generally on the
    screen. We do not need to do a bag search and passengers that
    use the CT technology when they go through the screening
    process do not have to take out liquids, aerosols, and gels, or
    laptops, because we literally can have the machine look all
    around the bag to determine if there is anything in there that
    would cause a concern of ours.
        We pride ourselves in working really closely with our
    partners, too, and I will give one final example, Senator, if I
    could. We have been working with one of the major carriers on
    curb-to-curb biometrics. What this means is that a passenger
    can show up--these are PreCheck passengers currently--can show
    up and use their facial image to validate that they are who
    they say they are--and we have really developed this technology
    significantly--to the point where they can just check their
    bags with their face. It spits out a bag tag. They put it on
    the conveyor belt. They walk up to the screening checkpoint,
    use their face as their identity to get the beginning of the
    screening process, and then when they get to the gate to board
    the aircraft again it is their face that gets them admitted
    onto the aircraft.
        It means there are a lot less pieces of paper and
    credentials that you need to carry, and for us it is very much
    improved security posture.
        Senator Carper. Good. Thank you for that.
        Others have asked about morale already. I am sure they will
    come back and ask that again. Whenever I fly, and I fly a fair
    amount--I mostly take trains but I fly lot--and almost always
    when I am going through security I talk to the TSA agents and
    thank them for what they do, tell them who I am and the role
    that I play here, and let them know that we appreciate very
    much what they do, and I hope others do that too.
        I spent a lot of years of my life--I ran for office as a
    Naval Flight Officer (NFO) and was a midshipman before that,
    and learned a whole lot about leadership, and I learned a lot
    about morale, how to foster good morale in the military.
        You have had great leadership opportunities in the Coast
    Guard. What are some lessons that you learned there that you
    are able to put to work now? I will ask you to be fairly
    succinct.
        Mr. Pekoske. Yes, sir. Thank you for your service. I would
    sum it up in presence. You need to be present with your
    workforce and they need to see you there, and to see that you
    are engaged in the work that they do and you understand it.
    Second is communications, and we always say, and I am sure you
    experienced this when you were in the Navy, every after-action
    report says communications could have been improved. We could
    prewrite that. So let's get ahead of that as much as we can and
    continue strong communications.
        Finally, one of the things that I think is so critically
    important to the smooth functioning of an organization is that
    everybody feels included. Nobody feels excluded and everybody
    feels that they have the opportunity that their counterparts
    have. I really want to foster that as I continue on, if
    confirmed.
        Senator Carper. OK. Those are all good.
        Mr. Chairman, I reluctantly relinquish the gavel.
        Chairman Peters. [presiding]. Thank you for your great
    service.
        Senator Carper. It is a good thing I do not get paid by the
    minute. It would not have been much.
        Chairman Peters. Very good.
        Senator Hawley, you are recognized for your questions.

                  OPENING STATEMENT OF SENATOR HAWLEY

        Senator Hawley. Thank you very much, Mr. Chairman. Mr.
    Pekoske, thanks for being here. I have some questions for you,
    and to be frank with you I have some concerns about your
    record. Let's start with your decision to allow illegal
    immigrants to use arrest warrants as a form of identification
    (ID) at TSA checkpoints.
        In response to a congressional inquiry on this you
    responded, and I am going to quote you now, ``TSA established a
    process where it will accept certain DHS-issued forms for non-
    citizens and non-U.S. nationals who do not otherwise have
    acceptable forms of ID for presentation at security
    checkpoints.'' Then you went on to list the forms that TSA
    would accept that included a warrant for arrest of an alien, a
    warrant of removal to deportation, the order of release on
    recognizance, an order of supervision, a notice to appear
    (NTA), an arrival and departure form, which included a printout
    of an electronic record or an alien booking record.
        Now I wrote to you on January 31st of this year, asking you
    about this. Have you responded to this letter yet?
        Mr. Pekoske. No, sir, we have not responded----
        Senator Hawley. I did not think so.
        Mr. Pekoske [continuing]. But I will respond tomorrow.
        Senator Hawley. Right after today's hearing. It is amazing
    how that works.
        Mr. Pekoske. Actually I saw a response earlier and it did
    not meet----
        Senator Hawley. Do I have the response?
        Mr. Pekoske. No, you do not, but you will have it tomorrow.
        Senator Hawley. Right after today's hearing. Maybe we
    should have more of these hearings. This is July, is it not? I
    sent it to you in January. That is a very long time to respond
    to a letter that is 2\1/2\ pages long.
        Let's just see if we can get some answers now. How many
    individuals have presented TSA with arrest warrants or
    deportation notices and were permitted to travel in this
    calendar year?
        Mr. Pekoske. Under 1,000, sir.
        Senator Hawley. How does this policy comport with 18 United
    States Code (USC) 1325, which criminalizes improper entry into
    the United States by an alien?
        Mr. Pekoske. Sir, these individuals that have these arrest
    warrants, those arrest warrants were issued by the Border
    Patrol or a Customs office, and they serve as a begging to our
    identity verification process. You cannot walk up to a
    checkpoint, wave that form, and then you can go right through
    into screening. We go through a process to verify that you are
    the person that you claim to be and that you are receiving the
    level of screening, which always includes enhanced screening
    when people do not have the proper identification.
        Senator Hawley. Somebody who presents an arrest warrant is
    subject to an in-person interview with the airport's Federal
    security director?
        Mr. Pekoske. They have an interview with the officers that
    are on scene at the checkpoint, but that is not all that is
    happening. What those officers are doing is they are talking
    to----
        Senator Hawley. Wait. When you say the officers on scene at
    the checkpoint, what are we talking about?
        Mr. Pekoske. The transportation security officers. The
    uniformed officers at the checkpoint.
        Senator Hawley. OK. But not the Federal Security Director
    (FSD).
        Mr. Pekoske. They will bring in the Federal Security
    Director if needed.
        Senator Hawley. Why would that person not be needed if you
    have someone who is an illegal immigrant?
        Mr. Pekoske. Right. We are not looking at whether a person
    is legal or illegal in the country. Our function is to make
    sure that----
        Senator Hawley. Why not?
        Mr. Pekoske. Because our role is to make sure that people
    that might pose a risk to transportation that is significant
    enough to either require enhanced screening or to not allow
    them to fly, that the proper procedure----
        Senator Hawley. Is it your position someone who is known to
    have violated the laws of the United States does not thereby
    need enhanced screening? You are not concerned about this
    person as a security threat?
        Mr. Pekoske. Sir, there are people every day that violate
    the laws of the United States that fly. We look for things that
    are related to transportation security.
        Senator Hawley. You do not think someone who is, by
    definition, if somebody presents a warrant for arrest, you do
    not think that that necessitates enhanced screening?
        Mr. Pekoske. They get enhanced. All of those individuals
    get enhanced screening.
        Senator Hawley. You just told me that it does not necessary
    involve any interview with the Federal Security Director, and
    you also said that you may well let them get on airplanes, and,
    in fact, you have allowed at least 1,000 people to get on
    airplanes, in just this calendar year alone.
        Mr. Pekoske. But enhanced screening and getting on an
    airplane are two very different things.
        Senator Hawley. I think for every person watching this
    hearing who has experienced the TSA screening process, it can
    often be very onerous, it is very long, and in fact, under your
    tenureship the times for screening have gone up, up, up at
    airports all across the country, including in my home State of
    Missouri. St. Louis is now the sixth-longest screening process
    in the country, despite the size of our airport there.
        People who have done absolutely nothing wrong, are law-
    abiding citizens in every respect, are subject to the most
    invasive screenings at these airports. Yet you are allowing
    illegal aliens to present warrants for arrest and waving them
    onto airplanes. How does that make sense?
        Mr. Pekoske. We are not doing that, sir.
        Senator Hawley. You just told me that you have let 1,000
    people travel on airlines who present to you warrants for
    arrest.
        Mr. Pekoske. Yes, and they present those warrants. That
    warrant is the beginning of an identity verification process
    which follows.
        Senator Hawley. Why is it not the end? Why is that not the
    end of the process and you say, ``Sorry, you have a warrant for
    an arrest. We are not going to allow you to get on an
    airplane.''
        Mr. Pekoske. Because we want to identify who has presented
    themselves as the screening checkpoint and ensure that those
    individuals get the right level of screening. For folks that do
    not have the acceptable forms of ID that we list on our
    webpage, they all receive enhanced screening. Every single
    person that presents a warrant receives enhanced screening
    before they are allowed to get on an aircraft. Now if they do
    not pass that screening they do not get on the aircraft.
        Senator Hawley. Boy. I think you are going to have a hard
    time explaining to folks who wait for all this time in these
    lines, who subject themselves voluntary to all of the
    restrictions that you impose, who are patted down, who are
    frisked, who are asked to step aside, who have their luggage
    rifled through, who have items confiscated from them, who are
    randomly selected or sometimes perhaps not so randomly selected
    for enhanced screenings, but you are allowing illegal aliens
    with warrants for arrest to get onto airplanes, and you have
    allowed at least 1,000 of them in this calendar year. I mean, I
    just find that totally extraordinary.
        Let me ask you about something you did when you were
    briefly Acting Security of DHS, from January 20 to February 2,
    2021. You published a memo during that time that enacted a 100-
    day moratorium on almost all illegal immigrant removals from
    the United States as well as a 100-day review of DHS
    immigration law enforcement policies. Thankfully, this was
    blocked by a Federal judge.
        I just want to have you explain. I do not understand why
    you were trying to reduce border enforcement capabilities at a
    time when we were and are experiencing record levels of illegal
    immigration.
        Mr. Pekoske. Sir, we do not have enough resources, clearly,
    to handle the number of people that are coming across the
    border. We were trying to focus the resources that we have. I
    mean, no agency in this government has all the resources they
    need to do the jobs that they have been asked to do.
        Senator Hawley. I am sorry. So your answer is that you
    wanted to do less enforcement and just ignore everybody who was
    here before November 1, 2020?
        Mr. Pekoske. Not at all. We wanted to do more effective
    enforcement.
        Senator Hawley. Here is what you attempted to do. You tried
    to narrow DHS's enforcement abilities to include only three
    types of illegal aliens: one, spies and terrorists, two, aliens
    who entered after November 1, 2020, or those convicted of
    aggravated felonies and were released from incarceration on or
    after the date of your memo. That is a significant narrowing.
    Basically, if you came before November 1, 2020, and you issued
    this in January 2021, they are just off the hook.
        Mr. Pekoske. Sir, those were enforcement priorities but not
    all the enforcement that could occur, and if you read further
    in that memo it allows for discretion by the officer. Those
    priorities are primarily for resource allocation decisions as
    to where the resources would be placed to be most effective.
        I think those three priorities are three of the very top
    priorities that we ought to focus our limited enforcement
    capability on.
        Senator Hawley. I am just glad that a judge blocked the
    attempt to do this. I have to say, in terms of your priorities
    and what you have done, from allowing those with arrest
    warrants to fly while subjecting law-abiding citizens to what
    you have done, to your record of the terrible wait times and
    experience that you are putting law-abiding citizens through,
    to this action, I just cannot say that I agree with your
    priorities, Mr. Pekoske.
        Thank you, Mr. Chairman.
        Chairman Peters. Thank you, Senator Hawley.
        Senator Scott, you are recognized for your questions.

                   OPENING STATEMENT OF SENATOR SCOTT

        Senator Scott. Thanks for being here. I did not get to hear
    all of Senator Hawley's questions, but go through exactly how,
    and under what authority of the law, you allow illegal
    immigrants, they are permitted to use their U.S. Immigration
    and Customs Enforcement (ICE) arrest warrants as an acceptable
    form of identification for TSA? Explain why you would do that.
        Mr. Pekoske. Yes, sir. I will, and thanks for the
    opportunity. That ICE arrest warrant is not a criminal warrant
    in the common term that most people would interpret it to mean.
    What it means is that this individual has encountered ICE, and
    ICE has released that person and given them this document as a
    form of beginning an identity verification process, like for
    TSA.
        When ICE issues these forms, and that person chooses to
    travel, they make reservation with the carriers as they
    normally would, they come into the screening checkpoint, they
    show us that form. That begins an entire process where we work
    to verify their identity. Essentially what we are looking to do
    is to ensure that this is the person who claims to be in front
    of us. We have advanced this quite a bit over the past year,
    year and a half, to now we are working with Customs and Border
    Protection, we use biometric identification. Sometimes when
    these individuals approach the checkpoint, already with a
    reservation, we do a biometric or facial scan. That appraisal
    that is on an iPhone will return us a result that, yes, this
    person was encountered by Border Patrol or a Customs field
    officer and they were paroled into the country, and we verify
    their identity biometrically. They have been checked against
    the Terror Databases at the----
        Senator Scott. Have you been down to the border?
        Mr. Pekoske. Yes, I have.
        Senator Scott. So in my trips down there, everybody throws
    their ID away before they come across the border. OK? I have
    not experienced where people have come over with their ID. So
    what you just said does not seem like that is the way it would
    work. How could anybody ever verify who they are?
        Mr. Pekoske. They use the biometrics. So either a facial
    imagine or a print.
        Senator Scott. Do we have it from Mexico or Venezuela?
        Mr. Pekoske. No. We have it from the individual, sir. The
    individual provides their biometric. We use that biometric to
    ensure that that biometric is not represented on any of our
    watch listing information.
        Senator Scott. We actually do not really have good
    information. What you are saying is, somebody throws their ID
    away, they come across the border and say, ``I am Rick Scott.''
    Then they say, ``I am Rick Scott. Here is my information.'' The
    Border Patrol has no background because Cuba is not going to
    give it to you or Venezuela or Nicaragua. Then they use that to
    get on the plane.
        Mr. Pekoske. That person who might not have identification
    encounters the Border Patrol. The Border Patrol captures their
    fingerprints, uses the fingerprints to ensure that they are not
    watch-listed and they are admissible into the country. Then
    when that person approaches the TSA checkpoint we go back and
    verify that this is the person that the Border Patrol admitted
    into the country, and this is the person that did not have any
    watch-listing information on them.
        Regardless of what outcome that is, once we go through
    identity verification process they all received enhanced
    screening. No person with one of those arrest warrants, which
    again are non-criminal arrest warrants, gets into an aircraft
    without enhanced screening. In that enhanced screening process
    there are situations where, through enhanced screening, we
    eventually deny entry as well, but that is kind of rare.
        Senator Scott. OK. As an American citizen you have to have
    a photo ID. Let's take somebody coming across the border. If I
    came across the border today, the Border Patrol stops me, and I
    say, I am whatever my name is. They take my ID. How fast can
    they fly on a plane?
        Mr. Pekoske. We have processes where we have American
    citizens every day that lose their identity, or forget their
    identity when they come to the checkpoint. We have some
    passengers that approach the checkpoint with no identity
    whatsoever. We use this very same identity verification process
    that is basically run out of our operations center here in
    Washington.
        Senator Scott. They could fly the same day they get in the
    country.
        Mr. Pekoske. They can fly the same day, provided that we
    can validate their identity. We have a whole series of
    processes that we use to do that.
        Senator Scott. But if they are a Cuban citizen, you do not
    have any ability. If they have lived in Cuba all their life,
    they flew into Mexico City, flew to Mexicali, came across the
    border, then you have no information.
        Mr. Pekoske. If we have no information and cannot validate
    their identity then they do not fly.
        Senator Scott. If they came across, they had no ID, and if
    no background, Islamic State of Iraq and Syria (ISIS), the
    person comes and gives their name and their fingerprint, they
    would not be able to fly.
        Mr. Pekoske. Unless we had captured their prints on their
    border crossing and checked them against the watch listing
    information that we all hold.
        Senator Scott. But you have no information.
        Mr. Pekoske. Right, but we would have their print.
        Senator Scott. All you have then is they say their name and
    their print, and that day they could fly.
        Mr. Pekoske. Arguably, yes, although that is rare it is the
    same day.
        Senator Scott. Stop right there for a second. You know you
    have no information from Cuba, right?
        Mr. Pekoske. Yes.
        Senator Scott. You get nothing out of Iran. You get nothing
    out of North Korea. You get nothing out of probably a lot of
    Africa.
        Mr. Pekoske. Yes.
        Senator Scott. You get nothing out of Nicaragua, and people
    can get on airplanes and fly immediately. I mean----
        Mr. Pekoske. Sure, but----
        Senator Scott [continuing]. As an American citizen, would
    you not say that does not make sense?
        Mr. Pekoske. Before they can get on the aircraft they go
    through a full pat-down, they go through a full bag search, in
    addition to our regular screening process. We have mitigated
    risk substantially in that process. We know that because we
    take their print when they cross the border, we know that their
    print is not matching with anybody that is on the Terrorist
    Screening Database.
        Senator Scott. I just think, as an American citizen, you
    know people are coming across our border to harm us, right. We
    did not stop the 9/11 attackers, and we had the system there,
    right? To me, I just think this is unbelievable risk. When you
    stop and think about it, you can throw your ID away, you are a
    terrorist. You might not be on the list yet but you are here to
    do harm, and that day, people can fly. I mean, that just does
    not make sense.
        Mr. Pekoske. Things are quite different, though, now from
    9/11, and we have a very sophisticated system that would detect
    people that would present harm to the United States. We have
    used that system successfully for years now. This identity
    verification process has been in place since 2019.
        Senator Scott. Let me ask you a question. When I have gone
    through sometimes they are doing tests to see how many people
    get through. You guys do that, right? How many people get
    through? How many times does a gun get through?
        Mr. Pekoske. We do covert tests on a pretty regular basis.
    Those results are always classified, for obviously reasons. We
    use those convert tests to show us where vulnerabilities might
    exist in our system and to close those vulnerabilities as
    quickly as we can.
        Senator Scott. But I think you would acknowledge that
    knives get through, guns get through.
        Mr. Pekoske. Right. Now knives and guns never get through
    enhanced screening.
        Senator Scott. Cannot get through a hand screening.
        Mr. Pekoske. Right, because we are taking the bag apart. We
    are doing a full pat-down of the person.
        Senator Scott. How about explosives?
        Mr. Pekoske. We would detect explosives, knives, any
    prohibited item. It is very thorough, as it needs to be.
        Senator Scott. OK. Thanks, Chair.
        Chairman Peters. Thank you, Senator Scott.
        Administrator Pekoske, both Senator Scott and Senator
    Hawley have been asking about the policy to accept arrest
    warrants at TSA checkpoints. My question for you is, when did
    the TSA make that policy change?
        Mr. Pekoske. That policy change, sir, was made in 2019.
        Chairman Peters. During the Trump administration?
        Mr. Pekoske. Yes, sir.
        Chairman Peters. OK. This is a Trump administration policy?
        Mr. Pekoske. Yes, sir, and we have made it stronger since
    then.
        Chairman Peters. OK. Thank you.
        Senator Ossoff, you are recognized for your questions.

                  OPENING STATEMENT OF SENATOR OSSOFF

        Senator Ossoff. Thank you, Mr. Chairman, and Administrator,
    thank you for joining us. I want to begin by addressing staff
    capacity concerns and delays that are, in particular, affecting
    Hartsfield-Jackson International Airport in Atlanta (ATL). As
    the public returns to air travel after the worst periods thus
    far of the COVID-19 pandemic, airline passengers have been
    frustrated by cancellations and long lines at airports in
    Georgia and across the country.
        Over the past year, many airports have faced delays due to
    staffing capacity issues at TSA security checkpoints. How is
    TSA proactively addressing workforce shortages through expanded
    recruitment and employee retention efforts?
        Mr. Pekoske. Sir, thank you for the question, and thank you
    for the support of the team at ATL. We very much appreciate it.
        We are seeing rapid recovery of travel, to the point of
    about 90 percent of where we are overall, pre-pandemic. So
    three years ago, we are about 90 percent of those levels.
        Our staff is not where it needs to be but, in general,
    across our system, every single day, at 430 airports in the
    country, we are meeting our wait time standards, and those
    standards are for a non-PreCheck passenger to get through
    screening within 30 minutes and for a PreCheck passenger within
    10. We consistently, across the system, meet those standards,
    with rare exception. I mean, when you consider 430 airports and
    roughly 2,400 screening lanes, I will have maybe three or four
    reports a day where we might have exceeded those standards.
        Having said that, we do need more staff than what we have
    today, and we expect the recovery to continue into the fall and
    into the December holidays.
        We have done some great work in providing incentives. First
    you have to keep the great employees we currently have, and so
    we have provided more incentives to keep current employees in
    TSA.
        Second, and we just did this at Atlanta, we do focused
    recruiting events. We had 600, 700 people that showed up for
    the recruiting event that we held in Atlanta, and what we do
    there is we do all of the steps in our recruitment process all
    at one time. You do your computer-based testing, you begin your
    medical process, and you start to fill out your security forms.
    This greatly streamlines our ability to bring people on board.
        The other thing that is critically important, sir, and I
    would appreciate your support of this, is we do have a proposal
    in the budget, the President's budget for 2023, to provide pay
    equity for TSA. As you may know, our frontline screening
    workforce receives 30 percent less pay than if they worked in
    any other Federal agency. If you went through the standard
    process of classifying their positions and then providing their
    compensation for that, we are about 30 percent off. That has a
    significant impact on our ability to recruit people and to
    retain folks.
        I think that is one of the most important things, that is
    my most important thing as the agency head, to provide
    responses to questions that Members of Congress such as
    yourself might have and then hopefully, if it is approved and
    appropriated, to implement.
        Senator Ossoff. Thank you, Administrator. Will you commit
    to working with my office and with the ATL leadership,
    including B.B. Bheodari, the general manager at Hartsfield-
    Jackson, to ensure the airport has sufficient staff and drive
    down wait times?
        Mr. Pekoske. Yes, sir. I have met with him. I have been to
    Atlanta many times, and I absolutely commit to do that.
        Senator Ossoff. I appreciate that commitment,
    Administrator. I want to ask you about airport firearm safety.
    Georgia has twice the national rate of firearms detections by
    TSA. This number is increasing, and it is estimated that 86
    percent of firearms that TSA detects are loaded.
        Last month, Fox 5 Atlanta reported that a firearm made it
    through security at Hartsfield-Jackson International Airport
    unnoticed. It was reported that the armed individual was not
    found and may have boarded a flight. TSA has confirmed that it
    has investigated the event and is implementing training and
    policy changes to prevent incidents like this from recurring.
    It goes without saying that undetected firearms present a
    serious danger to airline passengers and aviation safety, and
    this potential incident is extremely concerning.
        What steps are you taking in response to the increasing
    number of firearms detected at airports, particularly those in
    Georgia and at major hubs like Hartsfield-Jackson Atlanta
    International Airport?
        Mr. Pekoske. A number of steps, sir, and thanks for the
    question. It is a significant issue of concern for all of us.
        So far this calendar year we have had about 3,400 weapons
    detected in our checkpoint process. That number, compared to
    last year, is about the same number, when you prorate it for
    where we are in this calendar year, but the rate per million
    passengers is starting to go down, but it is still way too
    high.
        What we are doing is we are making sure that we are very
    public, particularly in the checkpoint, as people are going
    through the queue line, to remind everybody that you cannot
    bring a weapon into the secure area of an airport. You can
    carry a weapon in your checked baggage, and there are
    procedures for doing that.
        The other thing that we are doing, and we would really
    appreciate your support on this, sir, is we are putting new
    technology in our screening checkpoints, and we have a lot of
    that new technology at Atlanta airport. But part of that new
    technology is the ability for the technology to automatically
    detect some of these prohibited items, which currently we do
    not have the ability to do. That will be a huge assistance to
    our officers who, as you can imagine, when you are looking at
    literally hundreds of images in any given shift rotation,
    having those technology assists--which are out there and
    available and we just need to fine-tune it for our
    application--would further drive down the number of cases like
    the one you cited.
        Senator Ossoff. Thank you, Administrator. Would you provide
    to my office and this Committee an explanation of this specific
    incident, the steps that you took in response to it, and update
    us as soon as the policy changes and officer training changes
    that you are implementing in response are complete?
        Mr. Pekoske. Absolutely. Yes, sir.
        Senator Ossoff. Thank you, Administrator. The Federal
    Flight Deck Officer (FFDO) Program provides training and allows
    TSA to deputize volunteer pilots and flight attendants to
    defend the flight decks of aircraft against violence and
    terrorism. The program was created in the wake of 9/11 and
    since then has trained thousands of volunteer flight crew
    members, many of whom receive training in Georgia.
        However, the program has not received sufficient funding to
    support its continue growth, and with air travel booming again
    this program is more vital than ever, which is why I am leading
    an effort to strengthen this vital aviation security program in
    the upcoming Federal Appropriations Bill.
        Administrator, will you champion continued funding for the
    Federal Flight Deck Officer Program should you be confirmed to
    another term at the top of TSA?
        Mr. Pekoske. Yes, sir. It is a fantastic program. I really
    appreciate all the captains and first officers volunteering to
    go through the training and to perform this function for us. We
    do intend to provide a recurrent training facility in Atlanta
    on a permanent basis, and would appreciate your support for
    that appropriation.
        Senator Ossoff. I appreciate your responses and your time
    and your service, and I yield back, Mr. Chairman.
        Chairman Peters. Thank you, Senator Ossoff.
        In January, Mr. Administrator, I had the opportunity to
    tour a TSA checkpoint at Detroit Metro Airport (DTW), and I had
    the opportunity to see firsthand some cutting-edge technologies
    that are being employed right now at these checkpoints, as well
    as all across the country, not just in Detroit.
        My question for you, Administrator Pekoske, is that one of
    the technologies I was able to observe was the TSA's credential
    authentication technology (CAT) machine. Could you discuss how
    the TSA's CAT machine can provide additional security at our
    airports, for the Committee?
        Mr. Pekoske. Yes, sir. The credential authentication
    technology is a really significant advancement in our
    capability at the checkpoint, and what that does is it
    validates the authenticity of a credential. You can imagine if
    you are an officer and you have to memorize the markings on 56
    different types of driver's licenses just in this country, or
    the markings on passports from around the world, that is a very
    difficult job to do. This technology does it automatically. The
    first thing it does is it verifies the authenticity of the
    document.
        The second thing, very important for us, for the first time
    in TSA's history we are able to do near real-time risk
    evaluation by passenger as they are standing in front of the
    officer. That technology is connected to our Secure Flight
    Database, and that will tell us what flight the passenger is
    on, what the passenger status is, whether they are a PreCheck
    passenger, a standard passenger, or a passenger who may require
    enhanced screening. That ensures that in real time, rather than
    24 hours out, which in the past you could print out a boarding
    pass for, that we can assess it right there on scene.
        Additionally, in a pandemic, not having to hand your
    credential over to somebody else was, I think, appreciated by
    our officers and certainly appreciated by passengers. The next
    version of this credential authentication technology will
    include a camera, a very high-fidelity camera, that will allow
    us to do biometric matching. The camera will take a picture of
    the person that is standing in front and will compare the
    digital image that is on their driver's license or passport and
    do a digital match, which is highly accurate. It speeds things
    up, it is better security, it is better for passengers.
        Chairman Peters. I understand that TSA has also been
    working on a new generation of these CAT machines,CAT-2--it
    sounds like a good name for the next generation machine--that
    allows for biometric verification of passenger identity using
    camera and facial matching as part of the process.
        When can we expect these new CAT-2 machines to become more
    widely used at airports across the country, and tell me a
    little bit more about them.
        Mr. Pekoske. Yes. Thanks, sir. The CAT-2 technology, first
    and foremost, attaches the camera to the system so it basically
    brings the biometric capability in. Additionally, the CAT-2
    technology has the ability to read a digital identity. If you
    are using a mobile driver's license that is now provisioned on
    some Apple devices and soon will be on some Android devices,
    you can use that digital identity in the screening process.
        The CAT-2 system right now is in the prototype stage. We
    expect to reach full operating capability somewhat distant into
    the future, because we have just re-baselined this program. The
    initial idea behind the CAT program was that it would be just
    at the largest airports in the country. We have since
    reassessed that and determined to put it at every single
    airport in the country. At the current funding levels that will
    not be completed for a good long time. That is why my focus is
    on getting the capital account of TSA at a level more
    commensurate with where we see the need to close security gaps,
    which CAT does.
        Chairman Peters. Great. Thank you, Administrator.
        Senator Rosen, you are recognized for your questions.

                   OPENING STATEMENT OF SENATOR ROSEN

        Senator Rosen. Thank you, Chairman Peters. I appreciate you
    waiting for me. Thank you for your willingness to serve.
        Let's talk a little bit about transportation cybersecurity.
    TSA, I know you have an enormous and complex responsibility of
    securing the nation's transportation system, from both physical
    and, of course, cyber threats. With cyberattacks on American
    transportation infrastructure, while they are escalating in
    both frequency and severity, earlier this year Senator Wicker
    and I wrote to both DHS Secretary Mayorkas and Transportation
    Secretary Buttigieg requesting information about their
    respective agencies' security-related processes to detect, to
    prevent, and to respond to these cyber threats.
        As you know, TSA recently announced new security directives
    and guidance for measures to strengthen cybersecurity across
    the transportation sector. Additionally, you mentioned, when we
    met in my office last month, that TSA is going to start to more
    robustly regulate cybersecurity, especially at airports for
    airlines and also for the freight rail systems.
        Mr. Administrator, would you talk about what the future TSA
    cybersecurity efforts will look like, if you are confirmed for
    another term, and really, does TSA have the resources it needs
    to properly address the cybersecurity threats to our nation's
    critical transportation system? What do you need from us?
        Mr. Pekoske. Thank you, Senator. I appreciate the question,
    and you are right. I mean, we have placed a lot of effort,
    particularly over the past year-plus, on cybersecurity across
    critical transportation infrastructure in the country. We began
    with the oil and natural gas pipeline system, issued two
    security directives last year, to do a couple of things. One of
    them is very consistent with what this Committee has long
    championed, and that is cyber reporting. We require significant
    cyber incidents to be reported to Cybersecurity and
    Infrastructure Security Agency (CISA), who then distributes
    them throughout the interagency.
        Then in July of last year we put a series of measures in
    place that required those companies, 97 companies out of 3,000,
    to put these measures in place over the course of the ensuing
    year.
        We were about to issue today--and I will send you a copy of
    what we issue today--a revision to that second security
    directive that changes the approach. It allows what has
    currently been done to continue, but if owners and operators
    want to more tailor their cyber approach to their own business
    model it gives them the flexibility to do that. We are going
    from a very prescriptive, measures-based approach to a
    performance-based approach, which we think will be well
    received. We know it will be well received by the industry
    because we have gotten some very good feedback from them. This
    will be a template for our approach to rail and for aviation in
    the future.
        Senator Rosen. That is great, because I know you have other
    security pilot programs in the works, because the Department of
    Commerce said they recently published its 2022 National Travel
    and Tourism Strategy, which focuses Federal Government efforts
    to support the U.S. travel and tourism industry. It sets an
    ambitious five-year goal of attracting 90 million international
    visitors to the U.S. each year. I am chair of the Subcommittee
    for Tourism, Trade, and Export Promotion, so that is
    particularly important and, of course, important to my State of
    Nevada.
        To reach that goal the national strategy contemplates
    harnessing the efficiencies at TSA checkpoints, and
    specifically that One-Stop Security Pilot Program. My Omnibus
    Travel and Tourism Act, we like to refer to it as the Tour Bus,
    includes the One-Security Program that would allow passengers
    and baggage arriving from certain foreign airports to not have
    to go through additional screening. They would bypass that
    second round if the last-point-of-departure airport has
    screening commensurate with that in the United States.
        During last week's Commerce committee we talked about how
    might the creation of the One-Stop Security Pilot Program
    support your mission, support TSA's mission, and what do you
    think about that? Considering some of the new technologies that
    have emerged in the travel space, contactless booking, quick
    response (QR) codes, all of those things, what are you thinking
    about to make the travel experience a little bit more
    efficient, maybe pleasant?
        Mr. Pekoske. Yes, Senator Rosen, and we always want to make
    the travel experience one, from my perspective, more secure,
    from FAA's perspective, more safe, absolutely more efficient,
    and a better passenger experience for all the travelers going
    through our system.
        One-Stop Security, I appreciate your championship of that
    program. It improves security. It means that flights from
    airports that we have a One-Stop agreement with are more
    secure, more commensurate with U.S. standards than they would
    otherwise be. Additionally it provides great facilitation for
    those travelers once they arrive in the United States, because
    they would not have to go through screening again in the United
    States, because we would establish commensurate security levels
    at those last-point-of-departure airports.
        It has a significant technology piece to it as well,
    because that will mean that we synchronize our technology and
    our standards of performance internationally, even more so than
    we do today.
        I would also like to highlight, Senator Rosen, because you
    touched on it, is Harry Reid Las Vegas International Airport
    (LAS), a tremendous airport, it is the home of our TSA Academy
    West, and they have also provided us an entire checkpoint that
    we have termed our Innovation Checkpoint. If you go into that
    airport--and you have seen this----
        Senator Rosen. I have seen it.
        Mr. Pekoske [continuing]. You see our very latest
    technology. The benefit there is we can actually bring
    passengers through our most recent technology and get a gauge
    for how are they interacting with it, what do they think about
    it, so we can calibrate along the way. I appreciate your
    support of that as well.
        Senator Rosen. Thank you. I appreciate that. Any thought
    about using QR codes or some of the other newer technologies,
    biometrics and those?
        Mr. Pekoske. Yes, ma'am. We are moving very rapidly to use
    biometrics because it is better for security, it is much more
    error-free, and it is touchless and friction-less for
    passengers. We are working very closely with American Airlines
    (AA) on a QR code digital identity that is showing great
    promise already. So couple that with the mobile driver's
    license work we do, those are two different forms of digital
    identifications. Better for passengers, much better for us from
    a security perspective, and quicker.
        Senator Rosen. Thank you. I appreciate it. Thank you, Mr.
    Chairman.
        Chairman Peters. Thank you, Senator Rosen.
        Administrator Pekoske, I would certainly like to thank you
    once again for joining us here today to discuss your nomination
    to serve a second term as TSA Administrator. If confirmed, I
    certainly look forward to continuing to work with you on all
    the issues that we have discussed here today, and we will
    always welcome you back to the Committee to discuss these
    issues in public as well.
        The nominee has filed responses to biographical and
    financial questionnaires, and without objection this
    information will be made part of the hearing record,\1\ with
    the exception of the financial data, which is on file and
    available for public inspection in the Committee offices.
    ---------------------------------------------------------------------------
        \1\ The information of Mr. Pekoske appears in the Appendix on page
    33.
    ---------------------------------------------------------------------------
        This hearing record will remain open until 12 p.m.
    tomorrow, July 22nd, for the submission of statements and
    questions for the record.
        This hearing is now adjourned.
        [Whereupon, at 11:31 a.m., the hearing was adjourned.]

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