[Senate Hearing 117-61]
[From the U.S. Government Publishing Office]
S. Hrg. 117-61
NOMINATION OF DAVID P. PEKOSKE,
NOMINEE TO BE ADMINISTRATOR,
TRANSPORTATION SECURITY ADMINISTRATION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
JULY 13, 2022
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
55-081 PDF WASHINGTON : 2024
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West
RAPHAEL WARNOCK, Georgia Virginia
RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Lila Helms, Staff Director
Melissa Porter, Deputy Staff Director
George Greenwell, Policy Coordinator and Security Manager
John Keast, Republican Staff Director
Crystal Tully, Republican Deputy Staff Director
Steven Wall, General Counsel
C O N T E N T S
----------
Page
Hearing held on July 13, 2022.................................... 1
Statement of Senator Klobuchar................................... 1
Statement of Senator Wicker...................................... 2
Statement of Senator Tester...................................... 23
Statement of Senator Fischer..................................... 25
Statement of Senator Markey...................................... 27
Statement of Senator Thune....................................... 28
Statement of Senator Rosen....................................... 30
Statement of Senator Blackburn................................... 32
Statement of Senator Blumenthal.................................. 34
Witnesses
David P. Pekoske, Nominee to be Administrator, Transportation
Security Administration........................................ 4
Prepared statement........................................... 5
Biographical information......................................... 6
Appendix
Response to written questions submitted to David P. Pekoske by:
Hon. Maria Cantwell.......................................... 37
Hon. Amy Klobuchar........................................... 42
Hon. Tammy Duckworth......................................... 43
Hon. Kyrsten Sinema.......................................... 44
Hon. John Hickenlooper....................................... 44
Hon. Raphael Warnock......................................... 45
Hon. Roger Wicker............................................ 48
Hon. Marsha Blackburn........................................ 49
Hon. Todd Young.............................................. 50
Hon. Mike Lee................................................ 51
NOMINATION OF DAVID P. PEKOSKE,
NOMINEE TO BE ADMINISTRATOR,
TRANSPORTATION SECURITY ADMINISTRATION
----------
WEDNESDAY, JULY 13, 2022
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:09 a.m., in
room SR-253, Russell Senate Office Building, Hon. Amy
Klobuchar, presiding.
Present: Senators Klobuchar [presiding], Blumenthal,
Markey, Tester, Rosen, Wicker, Thune, Fischer, and Blackburn.
OPENING STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Good morning. Today we are considering
the nomination of Administrator David Pekoske for a second term
to lead the Transportation Security Administration. I want to
welcome you back, Administrator, to the Committee. Senator
Cantwell has a lot going on right now.
And I was a little late because I had another obligation,
but agreed to come over and help out with chairing the hearing.
So TSA employees like those at Minneapolis Saint Paul
International Airport, keep our skies safe, our travelers on
time, and the airport running day in and day out.
It is critical that we rise to meet the increased demand
for air travel and properly balance the need for safety with a
quality experience for travelers. Congress created TSA on
November 19, 2001, in the wake of the attacks of September 11,
to strengthen the security of our Nation's transportation
systems and to prevent future terrorist attacks.
Over the past two decades, TSA has evolved to deploy
advanced technologies, like touchless screening capabilities,
and to address new National Security risks like cybersecurity.
I am sure something on your mind. TSA must adapt to meet new
threats, including those posed by unique circumstances, such as
public health crises like the pandemic.
At the same time, traditional resources such as K-9
explosive detection teams, continue to play an important role
in keeping us safe. We know that in airports across the
country, TSA screens over 2 million passengers and 1.4 million
check bags for explosives and other dangerous items. This helps
ensure the security of over 24,000 domestic flights and nearly
3,300 outbound international flights per day.
We know that there have been delays at the airports. I was
just talking to our TSA people as I came through Sunday night.
We had no lines that day. We were very excited. We all led a
group--not a group hug. Don't worry about that. Just kind of a
celebration of the situation.
And we know there has been workforce issues as there are at
every place of employment practically around the country. I
know, I am sure we will want to talk about that, some of the
members were. But when you look at the numbers, 4th of July
long weekend, from Thursday through Monday, TSA screened more
than 11.3 million travelers. That is at more than 93 percent of
pre-pandemic levels.
And Friday, July 1, was the busiest air travel day since
the onset of the pandemic, with nearly 2.5 million individuals
passing through TSA checkpoints. TSA needs to keep up with the
rising demand and address any staffing shortfalls. And I look
forward to talking with you about that.
TSA is also charged to protect critical surface
transportation systems that connect cities, manufacturers, and
retailers, and power our economy through more than 4 million
miles of roadways, nearly 140,000 miles of railroad track, more
than 470 tunnels, and over 2.8 million miles of pipeline.
Last year's ransomware attack on the Colonial Pipeline
threatened nearly 50 percent of the East Coast's fuel supply.
And again, another example where we need to harden our energy
infrastructure. We are very pleased that we have you, your
experience, in addition to your years of experience at TSA.
Of course, you provided counterterrorism, security, and
intelligence support services to Government agencies during
your years in the private sector. You have a distinguished
career in the U.S. Coast Guard, serving as the Coast Guard's 26
Vice Commandant, the second in command, while also serving as
its Chief Operating Officer and Component Acquisition
Executive.
You hold a master of business Administration from the
Massachusetts Institute of Technology, also known as MIT, a
master of public Administration from Columbia University, and a
Bachelor of Science from the U.S. Coast Guard Academy.
Needless to say, you are more than ready and experienced to
have this job as your smiling employees behind you are
indicating, or whoever they are. They seem to be--they seem to
be in your camp. I will say that much. Don't you think, Senator
Wicker? With that, I will turn it over to Ranking Member
Wicker.
STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Paid state actors, no doubt.
[Laughter.]
Senator Wicker. Thank you so much, Senator Klobuchar. And
we--I want to join you in welcoming Admiral Pekoske back to
this committee. We appreciate his continued willingness to
serve. The 911 attacks led to the creation of the
Transportation Security Administration and its placement within
the Department of Homeland Security. I was a member of the
House of Representatives 20.5 years ago when we did this.
TSA is charged with protecting the Nation's transportation
systems, while also ensuring the free movement of people in
commerce. And yesterday's nearly 60,000 employees play a
critical role in securing our Nation's transportation modes,
including commercial aviation, general aviation, mass transit
systems, freight rail, passenger rail, highways, pipelines, and
ports.
The 43,000 plus transportation security officers who screen
our travelers every day are certainly among the most visible
part of TSA to the public, but there are many others in the TSA
work force, including transportation security inspectors,
Federal Air Marshals, visible intermodal prevention and
response teams.
So this committee greatly appreciate the dedication shown
by you, Admiral Pekoske, and the vast majority of TSA frontline
personnel, who continue to work throughout the COVID-19
pandemic. Each day, TSA screens more than 2 million passengers
and 1.4 million checked items for explosives and other
dangerous items.
Growth in air travel is expected to continue and will
either approach or exceed pre-pandemic volumes in the coming
months. TSA also works closely with owners and operators to
protect the variety of surface transportation systems that
connect our cities, our manufacturers, and retailers.
These include more than 4 million miles of roadway. Nearly
140,000 miles of railroad track. Over 470 tunnels, and more
than 2.8 million miles of pipeline, all of which are critical
to our economy. TSA conducts roughly 8,000 surface inspections
annually as part of a risk based approach for securing large
and complex transportation systems and our Nation's critical
infrastructure.
However, since its inception, TSA has been subject to
significant criticism from the Government Accountability
Office, the DHS Office of Inspector General, and the regulated
communities. To meet these challenges last fall, at the 20th
anniversary of this agency, I introduced the Transportation
Security Administration 20th Anniversary Review Act.
This Act would require an independent review to evaluate
the TSA's successes and failures, something that has never been
done since the agency's creation. And I hope Admiral Pekoske
will agree that this is necessary.
I also hope the Administrator will work with me on yet
another bill, my TSA Security Threat Assessment Application
Modernization Act, which would streamline the enrollment
process for key security credentials used in freight
transportation.
I appreciate Admiral Pekoske's willingness to continue
serving the American people, and I appreciate his team that
Senator Klobuchar mentioned. I look forward to working with the
Administrator to ensure that TSA implements the best possible
security for our transportation systems without unduly
interfering with travel, commerce, and civil liberties. Thank
you, Madam Chair.
Senator Klobuchar. Thank you very much. Please, Admiral,
would love to hear from you.
STATEMENT OF DAVID P. PEKOSKE,
NOMINEE TO BE ADMINISTRATOR,
TRANSPORTATION SECURITY ADMINISTRATION
Mr. Pekoske. Good morning, Senator Klobuchar, Ranking
Member Wicker, 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. And
it is my great privilege to be before you today to be
considered for a second five-year term as Administrator.
I would like to thank President Biden for renominating me
to this important National Security position. And I also thank
Secretary Mayorkas and the entire DHS team for their support
during this process.
I would also like to recognize and thank my family for
their unending support in this position and throughout my
career. When President Biden announced my nomination, one
acquaintance said to me, this is a tough job, why would you
want to do it for another five years? The answer to me is very
simple. I want to continue to support the amazing TSA
workforce.
The TSA workforce is exceptional, and during my time at TSA
has performed at a high level amid challenging and historic
circumstances. Whether it is transportation security officers,
Federal Air Marshals, inspectors, or all of our employees who
support them behind the scenes, I am immensely proud to be a
part of an organization that is laser focused on protecting our
Nation and our transportation system.
They are a dedicated, committed workforce. Of note, though,
I want to talk about our transportation security officers. TSOs
interact with millions of people every day and perform a
critical National Security function for our Nation. Their watch
never stops. They come to work without pay.
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 COVID-19 pandemic. And transportation security officers
have been an important part of the recovery of air travel from
the pandemic.
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 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 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 5 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 and 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 cyberthreats, TSA
relies heavily in 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 work force. They help us remain strong by
promoting healthy and thriving work environments for our TSA
family.
I want to take a second to 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 the 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.
After 20 years, TSA has grown considerably, and we have
learned a great deal about how best to protect our Nation's
transportation system. We still have much more work to do, but
I remain committed to TSA's future.
I look forward to the opportunity to lead the people of TSA
for another 5 years if confirmed. In closing, I thank President
Biden and Secretary Mayorkas for their support of me and the
entire TSA team.
I also think this committee for the great working
relationship we have had over the past 5 years, which if
reconfirmed, I hope to continue. Senator Klobuchar, Ranking
Member Wicker, and distinguished members of the Committee, I
look forward to your comments and questions. Thank you.
[The prepared statement and biographical information of Mr.
Pekoske follow:]
Prepared Statement of David P. Pekoske, Nominee to be Administrator,
Transportation Security Administration
Good morning Chair Cantwell, Ranking Member Wicker and
distinguished members of the Committee.
I have had the honor of serving as the leader of the Transportation
Security Administration (TSA) for nearly five years, and it is my great
privilege to be before you today to be considered for a second five-
year term as Administrator.
I would like to thank President Biden for re-nominating 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'd also like to thank my family for their unending
support in this position and throughout my career.
When President Biden announced my re-nomination, one acquaintance
said to me, ``that's a tough job; why would you want to do this for
another 5 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, 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.
Of note though, I want to talk about our Transportation Security
Officers (TSO). TSOs interact with millions of people every day and
perform a critical national security function for our Nation.
Their watch never stops. TSOs came to work without pay during a 35-
day partial government shut down in 2019. TSOs staffed the checkpoints
when the rest of the country remained home amid the onset of the COVID-
19 pandemic. And TSOs have been an important part of the recovery of
air travel from the pandemic.
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 they deserve our full
support. That starts with funding the President's Fiscal Year 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 help the TSA
workforce achieve pay equity and ensure that they are well prepared to
meet the challenges of the next five years and beyond.
TSA, however, 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,
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, mass transit, freight rail, and highway and motor
carrier 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.
Additionally, I value our strong partnership with organized labor
and other groups 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 work hard 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.
After 20 years, TSA has grown considerably and we have learned a
great deal about how to best protect our Nation's transportation
system. We still have much more work to do, but I remain committed to
TSA's future. I look forward to the opportunity to lead the people of
TSA for another five years, if confirmed.
In closing, I thank President Biden and Secretary Mayorkas for
their support of me and the entire TSA team. I also thank this
Committee for the great working relationship we have had over the past
five years, which, if re-confirmed, I hope to continue.
Chair Cantwell, Ranking Member Wicker and distinguished members of
this committee, I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): David P.
Pekoske.
2. Position to which nominated: Administrator of the Transportation
Security Administration.
3. Date of Nomination: May 9, 2022.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 6595 Springfield Center Dr, Springfield, VA 22150.
5. Date and Place of Birth: May 5, 1955; Meriden, CT.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Michele R. Pekoske (maiden name Roy, not employed).
Children:
Matthew D. Pekoske, 36
Kristen M. Pekoske, 34
Corinne N. Pekoske, 30
Jillian E. Pekoske, 28
7. List all college and graduate degrees. Provide year and school
attended.
Massachusetts Institute of Technology (MIT), MBA, 1997
Columbia University, MPA, 1989
U.S. Coast Guard Academy, BS, 1977
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Transportation Security Administration, 2017 to present
Administrator
Frontier Security Strategies (December 2016-August 2017)
Expert (No work or income has been derived from this
entity)
Pacific Architects and Engineers, Inc. (PAE) (2015-2016)
Vice President, National Programs
American University (2012-2017)
Adjunct Professorial Lecturer, School of Public
Affairs
A-T Solutions, Inc. (2010-2015) (Now part of PAE)
Group President, National Security Solutions
Naval Postgraduate School (2008-2017)
Instructor, Leading Innovation Program
U.S. Coast Guard Active Duty (1977-2010)
Vice Commandant (2009-2010)
Commander, U.S. Coast Guard Pacific Area (2008-2009)
Assistant Commandant for Operations (2006-2008)
Commander, First Coast Guard District (2004-2006)
Executive Assistant to the Commandant (2001-2004)
Captain of the Port, Long Island Sound (1999-2001)
9. Attach a copy of your resume.
Please see Attachment 1.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
I have held the following positions:
Frontier Security Strategies (December 2016-August 2017)
Expert (No work or income has been derived from this
entity.)
National Academies of Sciences, Engineering, and Medicine
(December 2016-September 2017)
Committee on Polar Icebreaker Cost Assessment--Member
Association for Rescue at Sea (2015-2017)
Board of Directors--Member
Heroes Linked: Military Veterans Appreciation Trust
Foundation (2015-2017)
Board of Advisors--Member
PAE (May 2015-October 2016)
Vice President, National Programs
U.S. Global Leadership Coalition (January 2013-July 2017)
National Security Advisory Council--Member
Jewish Institute for National Security of America (2013-
2017)
Board of Advisors--Member
National Academies of Sciences, Engineering, and Medicine
(2013-2017)
Naval Studies Board--Member
InfraGard National Members Alliance (2012-2015)
Chairman of the Board and Board Member
Country Place Citizens Association (2012-2017)
Covenants Committee--Chair
A-T Solutions (June 2010-May 2015)
Group President, National Security Solutions
U.S. Coast Guard Academy Board of Trustees (2006-2008)
Member
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
I am a member of the following:
MIT Sloan Alumni Association (1997 to present)
Member
U.S. Coast Guard Academy Alumni Association (1977 to
present)
Member
Neither organization has membership restrictions on the basis of
sex, race, color, religion, national origin, age, or disability.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Yes. I was confirmed by the U.S. Senate to the public office of TSA
Administrator on August 3, 2017. Prior to that my military positions
were also approved by the U.S. Senate. No debt was incurred for any of
these appointments.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. None.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
I have received the following:
Homeland Security Distinguished Service Medal (Two-time
recipient: June 2010 and November 2019);
Coast Guard Distinguished Service Medal (Two-time recipient:
July 2006 and April 2009);
Legion of Merit (Two-time recipient: June 2004 and July
2006);
U.S. Coast Guard Meritorious Service Medal (Five-time
recipient: August 1984, September 1989, July 1993, May 1996,
and June 1999);
U.S. Coast Guard Commendation Medal (Two-time recipient:
June 1983 and June 1987);
U.S. Coast Guard Achievement Medal (Four-time recipient);
and,
U.S. Coast Guard Commandant's Letter of Commendation.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
See Attachment 2.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
In my position as the current TSA Administrator, I have the
following digital platform account:
Twitter: @TSA_Pekoske (Active)
In my personal capacity, I have the following digital platform
accounts:
LinkedIn: David Pekoske (Active)
Facebook: Dave Pekoske (Active)
Twitter: Dmmkcj (Active)
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
As of May 19, 2022, I have testified before Congress in the
following hearings:
May 18, 2022--House Appropriations Committee Subcommittee on
Homeland Security (HAC-HS): ``Examining the President's FY 2023
Budget Request for the Transportation Security
Administration.''
My testimony discussed the President's FY 2023 Budget
request for TSA.
September 29, 2021--House Committee on Homeland Security
(CHS) hearing: ``20 Years after 9/11: The State of the
Transportation Security Administration.''
My testimony discussed how far TSA has come since its
inception and the anticipated challenges the Agency will
face in the next 20 years.
July 27, 2021--Senate Commerce, Science, and Transportation
Committee (CST) hearing: ``Pipeline Cybersecurity: Protecting
Critical Infrastructure.''
My testimony discussed the current state of pipeline
cybersecurity and the role that Federal regulators play in
protecting critical infrastructure from malicious actors.
March 11, 2020--CHS Subcommittee on Transportation and
Maritime Security (CHS-TMS) hearing: ``Securing America's
Transportation and Maritime Systems: A review of the Fiscal
Year 2021 Budget Requests for the Transportation Security
Administration and the U.S. Coast Guard.''
My testimony discussed the President's FY 2021 Budget
request for TSA.
March 3, 2020--Senate Appropriations Committee Subcommittee
on Homeland Security hearing: ``Examining the President's FY
2021 Budget Request for the Transportation Security
Administration.''
My testimony discussed the President's FY 2021 Budget
request for TSA.
June 25, 2019--House Committee on Oversight and Reform (COR)
hearing: ``Identifying, Resolving, and Preventing
Vulnerabilities in TSA's Operations.''
My testimony discussed TSA's security operations.
April 9, 2019--CHS-TMS hearing: ``Securing America's
Transportation and Maritime Systems: A Review of the Fiscal
Year 2020 Budget Requests for the Transportation Security
Administration and the U.S. Coast Guard.''
My testimony discussed the President's FY 2020 Budget
request for TSA.
April 2, 2019--HAC-HS hearing: ``FY 2020 Budget Hearing--
Transportation Security Administration.''
My testimony discussed the President's FY 2020 Budget
request for TSA.
September 26, 2018--House Oversight and Government Reform
Committee hearing: ``Examining Misconduct and Retaliation at
TSA.''
My testimony discussed the results of the Committee's
three-year investigation regarding allegations of
misconduct at TSA prior to the time in which I served as
Administrator.
September 5, 2018--CST hearing: ``Keeping Our Skies Secure:
Oversight of the Transportation Security Administration.''
My testimony discussed TSA's aviation security actions
and efforts.
April 12, 2018--CHS Subcommittee on Transportation and
Protective Security (CHS-TPS) hearing: ``Examining the
President's FY 2019 Budget Request for the Transportation
Security Administration.''
My testimony discussed the President's FY 2019 Budget
request for TSA.
January 23, 2018--CST Subcommittee on Surface Transportation
and Merchant Marine Infrastructure Safety and Security hearing:
``Surface Transportation Security: Addressing Current and
Emerging Threats.''
My testimony discussed TSA's response to current and
emerging threats to surface transportation.
January 18, 2018--CHS-TPS hearing: ``Innovation at TSA:
Examining Threat Mitigation Through Technology Acquisitions
Reform.''
My testimony discussed TSA's acquisition and
procurement process.
November 8, 2017--CHS hearing: ``Preventing the Next Attack:
TSA's Role in Keeping our Transportation Systems Secure.''
My testimony discussed TSA's efforts to improve and
strengthen transportation security.
June 28, 2017--Homeland Security and Governmental Affairs
Committee hearing: ``Nominations of David J. Glawe to be Under
Secretary for Intelligence & Analysis at the Department of
Homeland Security; David Pekoske to be Assistant Secretary of
Homeland Security, Transportation Security Administration.''
My testimony discussed my nomination by the President
to be the next TSA Administrator, including my
qualifications and vision for TSA.
June 21, 2017--CST hearing: ``Nomination Hearing--David
Pekoske.''
My testimony discussed my nomination by the President
to be the next TSA Administrator, including my
qualifications and vision for TSA.
October 4, 2007--CST hearing: ``The Security of Our Nation's
Ports.''
My testimony discussed the Department of Homeland
Security's implementation and administration of several
port and cargo security programs authorized in the SAFE
Port Act, the Maritime and Transportation Security Act of
2002, and the Coast Guard and Maritime Transportation Act
of 2004.
February 13, 2007--CHS Subcommittee on Border, Maritime, and
Global Counterterrorism hearing: ``Border Security:
Infrastructure, Technology, and the Human Element.''
The purpose of the hearing was to discuss the
challenges in securing the U.S. borders and that ways in
which infrastructure, technology, and personnel can be used
to strengthen border security.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I am honored to be nominated by the President to serve a second
term as the Administrator of TSA. If confirmed, I will continue working
with the great men and women of TSA to improve operations and carry out
the Agency's critical national security mission.
I believe my qualifications to serve a second term include the
achievements of my experience as the current TSA Administrator, a 33-
year career in the U.S. Coast Guard, extensive operational background,
and expertise in all modes of transportation.
While serving as the current TSA Administrator, I also served at
the Department of Homeland Security as Acting Secretary from January 20
to February 2, 2021, and as the Senior Official Performing the Duties
of Deputy Secretary from April to November 2019 and again from February
to June 2021. Additionally, I served as a Commissioner on the
Cyberspace Solarium Commission that developed a consensus on a
strategic approach to defending the United States in cyberspace against
attacks of significant consequence.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
With respect to large organizations, TSA employs approximately
60,000 Federal employees, with a budget of $8.8 billion in FY 2022. I
have served as the Administrator for nearly five years, the longest-
serving Administrator in TSA history.
My responsibility, if confirmed to serve a second term as
Administrator, would be to continue to lead the men and women TSA and
ensure the proper management and accounting controls are in place at
TSA. Moreover, all public servants have a responsibility to the
taxpayers to ensure that their dollars are being spent in an efficient
manner, and if confirmed, I would continue to ensure that TSA leads the
way in making efficient use of limited resources.
With that said, over the past five years, TSA has established
several management and accounting controls while I have served as
Administrator. The following are a few examples of these controls: TSA
developed and published the TSA Strategy, which includes a new mission,
vision, values statement, and strategic priorities. The TSA Strategy
guides the Agency through TSA's 25th anniversary and identifies three
strategic priorities: (1) improve security and safeguard the
transportation system, (2) accelerate action, and (3) commit to our
people.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top three challenges facing TSA are:
1. The Evolving Threat Landscape:
Terrorists are continually evolving the tactics they
use to attack both aviation and surface transportation
systems, seeking gaps in our defenses, and taking full
advantage of the open nature of much of these systems. For
example, terrorists overseas have designed difficult-to-
detect improvised explosive devices and likely invested in
ways to place an explosive charge into a laptop, other
types of small electronics, and household or commercial
items. To counter these threats, TSA is working closely
with our international and industry partners to enhance
security effectiveness at Last Point of Departure airports,
with a focus on improving detection capabilities through
deployment of best-in-breed equipment and algorithms.
At the same time, nation-states--along with the
criminal enterprises they enable--have expanded their
hostile cyber activities, placing critical transportation
infrastructure at risk. TSA is working closely with our
Federal and industry partners to enhance industry's ability
to deny malicious actors the critical system access they
crave. TSA will continue to do so through a mix of
intelligence-sharing, technical support, and--as needed--
regulatory action.
In addition, countering new technologies that can harm
or interfere with transportation systems will remain a
significant challenge for TSA. For instance, the
availability of highly capable, low-cost unmanned aerial
systems (UAS) has led to their expanded use in both malign
and careless ways. UAS pose significant safety and security
risks to aviation operations and surface transportation.
2. Workforce Morale:
TSA cannot be successful without a professional,
vigilant, and engaged workforce. Significant parts of the
TSA workforce are underpaid relative to other Federal
government employees and that has impeded TSA's ability to
improve the overall employee experience.
Pay equity is critical for improving the morale of the
TSA workforce and TSA's ability to recruit and retain the
talent needed to continue to perform its national security
mission. Without pay equity, TSA will continue to struggle
with recruitment, career development, and retention.
To address this pay inequity, the President's FY 2023
Budget request includes $871 million to ensure that TSA
employees are paid at a level commensurate with their
counterparts in the Federal government.
Further, the President's FY 2023 Budget request
includes $121 million to establish a labor relations
support capability to manage expanded labor benefits for
Transportation Security Officers and the right for
employees to appeal adverse personnel actions through the
Merit Systems Protection Board. If funds are appropriated
as requested, TSA screening officers will, for the first
time ever, have the same pay, collective bargaining, and
appeal rights as their counterparts in other Federal
agencies.
3. Screening Technology
TSA faces significant challenges to improving the
baseline for aviation screening technology for both
passengers and air cargo. Our existing systems are highly
complex and proprietary; non-standardized data, images, and
interfaces force TSA to rely solely on the original
equipment manufacturers and existing contracting mechanisms
for software, components, and operational upgrades. This
limits TSA's ability to engage with new and innovative
partners to solve problems, increases development and
acquisition costs, and can impede the response to emerging
needs.
It is critical for TSA's frontline workforce to have
the best screening technology available to safeguard and
secure the aviation transportation system. Improving the
technology will increase the effectiveness and efficiency
of TSA's screening operations and benefit aviation
operations more broadly.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements are fully described in my Public Financial
Disclosure Report.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest. None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Homeland
Security's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's Designated Agency Ethics
Official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest. None.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
None. However, as part of my responsibilities as Administrator of
TSA, I have routinely advocated for legislation and budgetary outcomes
that aid the men and women of TSA in carrying out their duties.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? No.
If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
In my official capacity as the Administrator of the Transportation
Security Administration, from August 2017 through the present
(including as the Acting Secretary of the Department of Homeland
Security from January 20, 2021, through February 2, 2021, and as the
Senior Official Performing the Duties of Deputy Secretary from April to
November 2019 and again from February to June 2021), I was named in
civil lawsuits directed against TSA and DHS. I have been named in my
official capacity in the majority of this civil litigation. These cases
challenge official TSA or DHS decisions and practices carried out by
officers and employees of TSA and DHS as part of their official duties
over which my role was among the highest supervisory authority.
TSA and DHS have identified the following cases in which I was sued
in my individual capacity:
Muir v. TSA, et al., No. 20-cv-1280 (C.D. Ill. 2020), No.
21-1312 (7th Cir. 2021)--This case involved a Federal Tort
Claims Act/Bivens claim brought by a passenger contesting a
passenger screening alarm-resolution process and seeking to sue
me directly under Bivens for allowing TSA's Standard Operating
Procedures to include the processes that plaintiff found to be
improper. A motion to dismiss was granted in Federal district
court; the case was appealed to the Court of Appeals for the
7th Circuit, and the dismissal was affirmed.
Stanford v. Hicks, et al., No. 21-cv-11608 (D. Mass. 2021)--
This case involved a Federal Tort Claims Act/Bivens claim in
which the pro se plaintiff claimed wide-ranging but ill-defined
actions by various individuals--including me--that were part of
a ``rogue task force'' acting ``extra-legally'' to surveil his
phone and home as part of a pattern of harassment. A motion to
dismiss was granted for failure to state a cognizable claim.
Olivera v. United States, et al., No. 21-cv-692 (M.D. Fla.
2021)--This case involved a claim alleging social, economic,
and psychological harm from TSA, including me directly (as
having ``current responsibility'' for actions against TSA), and
United Airlines allegedly removing the plaintiff from a flight
and sexually harassing him through ``security checks for no
justifiable probable cause.'' The case was dismissed on the
court's own initiative for the plaintiff's failure to pursue
the case.
Saliba v. Pekoske, et al., No. 22-cv-587 (D. Ariz. 2022)--
This case involves a claim in which the pro se plaintiff, an
airline pilot who refused to wear a mask through an airport
security checkpoint during the COVID-19 pandemic, contests the
civil penalty he was issued for not wearing a mask. The
plaintiff is suing the government and his airline for a
declaratory judgment and compensation, although whether he
seeks to recover damages from me personally is not yet entirely
clear. The case was recently filed, and the government's
response is due June 13, 2022.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
A complaint of discrimination under the Age Discrimination in
Employment Act of 1967 was initiated by an employee in 2005. A
mediation process was implemented and all issues between the parties
have been resolved. The agreement, signed on September 20, 2005,
contains a confidentiality clause which prohibits divulging the details
of the case.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
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Attachment 2
TSA Administrator Pekoske Biographic Questionnaire Attachment:
Question 17, Publications
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
I have authored the following articles:
November 2008--``Modernization and the Coast Guard
Reserve,'' Rudder Post Newsletter.
October 2007--Marine Safety Program Editorial, Pacific
Maritime Magazine.
December 2004--``Maritime Security for our Nation's
Democratic Process,'' Joint Center for Operational Analysis and
Lessons Learned, Quarterly Bulletin, Volume VII, Issue 1.
To the best of my abilities, I have taken steps to recall and
report all formal speeches that I have delivered to the public relevant
to the position of TSA Administrator.
While serving as the current TSA Administrator, I have delivered
the following speeches as of May 19, 2022:
May 12, 2022--Spoke at the Quarterly Surface Transportation
Security Advisory Committee (STSAC) Meeting. The speech thanked
the STSAC members for their efforts in enhancing surface
transportation security. The event was virtual.
May 12, 2022--Spoke at the Executive Mosaic 4x24 Executive
Leadership Dinner to discuss TSA priorities, transportation
security challenges, technology investments, and cybersecurity.
The event was in McLean, Virginia.
May 10, 2022--Spoke at the Quarterly Aviation Security
Advisory Committee (ASAC) Meeting. The speech welcomed and
thanked the STSAC members for their efforts in enhancing
aviation security. The event was virtual.
May 10, 2022--Spoke at the Airport Law Enforcement Agencies
Network (ALEAN) 2022 Spring Conference to discuss aviation
security, the importance of TSA's work with airport police, and
the impact of the COVID-19 pandemic on aviation security. The
event was in Arlington, Texas.
April 27, 2022--Spoke at the Airports Council
International--North America Airports@Work Conference. The
speech discussed insider threats, Counter-Unmanned Aircraft
System (CUAS) efforts, technology, and canines. The event was
in Kansas City, Missouri.
April 7, 2022--Spoke at the TSA Identity Summit. The speech
discussed TSA's Identity Management Roadmap and biometric and
digital identity pilots. The event was virtual.
April 7, 2022--Spoke at TSA's Multicultural and Disability
Coalition Meeting. The speech was provided to civil rights and
LGBTQIA+ organizations and discussed TSA's efforts and
initiatives to improve the airport screening experience for
transgender, non-binary, and gender-nonconforming travelers.
The event was virtual.
March 29, 2022--Spoke at the Cybersecurity in Civil Aviation
2022 Summit to discuss approaches taken in developing and
implementing a cybersecurity framework in the agency. The event
was in Dubai, United Arab Emirates.
March 15, 2022--Spoke at the DHS Capstone Cohort 14 to
discuss TSA and executive leadership. The event was in Herndon,
Virginia.
March 14, 2022--Spoke at the MIT Sloan Fellows Executive MBA
Program to discuss the TSA mission and strategy, cybersecurity,
and technology innovation. The event was in Washington, DC.
February 9, 2022--Spoke to the Alamo Federal Executive Board
(AFEB). The speech addressed ways that TSA and the TSA Canine
Training Center can support AFEB's operations and TSA's
coordination with stakeholders to execute its mission. The
event was in San Antonio, Texas.
February 22, 2022,--Spoke at the Homeland Security Experts
Group Roundtable. The speech discussed the future of
transportation security. The event was in Washington, DC.
February 18, 2022--Spoke at the Quarterly STSAC Meeting. The
speech welcomed and thanked STSAC members for their efforts in
enhancing surface transportation security. The event was
virtual.
February 15, 2022--Spoke at the Quarterly ASAC Meeting. The
speech welcomed and thanked ASAC member for their efforts in
enhancing aviation security. The event was virtual.
January 31, 2022--Spoke at the Government Technology and
Services Coalition Transportation Security Stakeholder's
Symposium. The speech discussed TSA's priorities. The event was
virtual.
January 31, 2022--Spoke at the Executive Leaders Program
graduating cohort class of the Naval Postgraduate School,
Center for Homeland Defense and Security. The speech discussed
strategic-level workforce issues and my insights on leading
through difficult times. The event was virtual.
January 20, 2022--Spoke at the Airports Council
International World Webinar. The speech discussed the
transformation and future of aviation security. The event was
virtual.
January 10, 2022--Spoke at the Association of Airport
Executives 36th Annual Aviation Issues Conference. The speech
discussed the impact of COVID-19 on TSA, TSA staffing and
hiring efforts, reflections 20 years after 9/11 terrorist
attacks, and observations from my time serving as TSA
Administrator. The event was virtual.
January 7, 2022--Spoke at the EDGE22@CES Conference. The
speech discussed TSA's innovation initiatives. The event was in
Las Vegas, Nevada.
December 14, 2021--Spoke at the 21st Annual American
Association of Airport Executives Aviation Security Summit. The
speech discussed the COVID-19 pandemic, touchless screening
technology, and cybersecurity. The event was in Arlington,
Virginia.
December 7, 2021--Spoke at the Quarterly ASAC Meeting. The
speech welcomed and thanked ASAC members for their efforts in
enhancing aviation security. The event was virtual.
November 18, 2021--Spoke at the Quarterly STSAC Meeting. The
speech welcomed and thanked STSAC members for their efforts in
enhancing surface transportation security. The event was
virtual.
November 18, 2021--Spoke at the American Security Today
Annual Awards and Luncheon. The speech discussed biometrics,
identity management, technology innovation, and resuming travel
during the COVID-19 pandemic. The event was in New York, New
York.
October 28, 2021--Spoke at the 2021 International Pipeline
Security Forum. The speech discussed the security of pipeline
systems. The event was virtual.
October 14, 2021--Spoke at the Department of Homeland
Security's Office for Civil Rights and Civil Liberties State of
Civil Rights Roundtable. The speech discussed TSA's key civil
rights initiatives, efforts, and challenges. The event was
virtual.
October 12, 2021--Spoke at the American Gas Association
Board Meeting. The speech discussed cybersecurity and
challenges faced by natural gas and utility pipeline owners and
operators in the U.S. The event was virtual.
October 6, 2021--Spoke at the Connect: ID 2021 Conference
and Exhibition. The speech addressed digital identity and
biometrics. The event was in Washington, DC.
October 4, 2021--Spoke at the Airports Council
International--North America (ACI-NA) Public Safety & Security
Technology Symposium. The speech discussed TSA's resiliency and
responsiveness to the COVID-19 pandemic and my vision and
strategy as the TSA Administrator. The event was virtual.
September 28, 2021--Spoke at the Regional Airline
Association's Leaders Conference. The speech focused on my
goals for leading TSA. The event was in Washington, DC.
September 28, 2021--Spoke at the 19th Annual TSA Disability
and Multicultural Coalition Conference. The speech addressed
actions TSA has taken to ensure the security of the traveling
public and efforts TSA has or will take to improve the traveler
experience. The event was virtual.
September 21, 2021--Spoke at the ALEAN Fall Conference. The
speech focused on the importance of TSA's partnership with
airport law enforcement. My remarks were recorded and delivered
virtually.
September 10, 2021--Spoke at the International Civil
Aviation Organization Symposium. The speech discussed my
experience serving as TSA Administrator and how aviation
security has evolved over the past 20 years. The event was
virtual.
September 9, 2021--Spoke at the Honolulu CUAS Table-Top
Exercise. The speech discussed the evolving nature of TSA's
role in CUAS and what I believe TSA's role in CUAS should be in
the future. The event was virtual.
September 8, 2021--Spoke at the Quarterly ASAC Meeting. The
speech welcomed and thanked the ASAC members for their efforts
in enhancing aviation security. The event was virtual.
August 19, 2021--Spoke at the Quarterly STSAC Meeting. The
speech welcomed and thanked the STSAC members for their efforts
in enhancing surface transportation security. The event was
virtual.
July 26, 2021--Spoke at the National Defense University. The
speech was about leadership skills essential for effective
decision making and policy implementation. The event was in
Washington, DC.
May 20, 2021--Spoke at the Quarterly STSAC Meeting. The
speech welcomed and thanked committee members for their efforts
in enhancing surface transportation security. The event was
virtual.
May 18, 2021--Spoke at the Quarterly ASAC Meeting. The
speech welcomed and thanked the ASAC members for their efforts
in enhancing aviation security. The event was virtual.
February 24, 2021--Spoke at the Quarterly ASAC Meeting. The
speech welcomed and thanked the ASAC members for their efforts
in enhancing aviation security. The event was virtual.
February 18, 2021--Spoke at the Quarterly STSAC Meeting. The
speech welcomed and thanked the STSAC members for their efforts
in enhancing surface transportation security. The event was
virtual.
February 10, 2021--Spoke at the Digital Wellness Passport
Event. The speech addressed the status of aviation travel and
TSA's plans with Digital Wellness Passports. The event was
virtual.
December 8, 2020--Spoke at the Ninth U.S.--Republic of Korea
Aviation Security Cooperation Group Meeting. The speech
discussed TSA's aviation security strategy and the importance
of collaboration with international partners and stakeholders.
The event was virtual.
December 8, 2020--Spoke at the 20th Annual American
Association of Airport Executives (AAAE) Summit. The speech
discussed the recent Thanksgiving travel period, the passenger
travel experience, TSA's response to the COVID-19 pandemic, and
technological innovation. The event was virtual.
November 18, 2020--Spoke at the TSA 2020 Industry Day. The
speech addressed TSA's resiliency and responsiveness during the
COVID-19 pandemic. The event was in Springfield, Virginia.
September 28, 2020--Spoke at the 18th Annual TSA Disability
and Multicultural Coalition Conference. The speech addressed
actions TSA has taken to ensure the security of the traveling
public and efforts TSA has or will take to improve the traveler
experience. The event was virtual.
September 11, 2020--Spoke at the Annual Remembrance Ceremony
for September 11, 2001. The speech addressed the 9/11 terrorist
attacks and how aviation security has evolved. The event was in
Arlington, Virginia.
September 2, 2020--Spoke at the Business Executives for
National Security Conference. The speech addressed TSA's
resiliency and responsiveness during the COVID-19 pandemic,
outlook for the future of travel, and TSA's vision for the
future of checkpoint screening. The event was virtual.
January 30, 2020--Spoke at STSAC Meeting. The speech
discussed TSA's surface transportation priorities, the evolving
threat to surface transportation, and the importance of public-
private partnerships to strengthen surface transportation
security. The event was in Arlington, Virginia.
December 21, 2019--Spoke at the Pan Am Flight 103
Anniversary Memorial Service. The speech acknowledged the
victims and families of Pan Am Flight 103 and TSA's role in
improving aviation security. The event was in Arlington,
Virginia.
October 21, 2019--Spoke at the EnVision Forum. The speech
discussed the importance of public-private partnerships and
collaboration, TSA's role and efforts in regard to the physical
and cybersecurity of pipelines, and the importance of
information sharing. The event was in Lexington, Kentucky.
October 16, 2019--Spoke at the 2019 International Pipeline
Security Forum. The speech discussed TSA's role and efforts
regarding pipeline security. The event was in Chicago,
Illinois.
July 16, 2019--Spoke at the Homeland Security Group Summer
Meeting. The speech discussed TSA's commitment to pursuing
innovative transportation security solutions. The event was in
Snowmass, Colorado.
June 20, 2019--Spoke at the TSA 2019 Industry Day. The
speech discussed the changing threat landscape and TSA's
commitment to working on collaborative solutions with the
private sector and stakeholders. The event was in Washington,
DC.
June 10, 2019--Spoke at the North American Aviation Security
Conference. The speech discussed TSA's priorities, TSA's
commitment to stakeholder collaboration, and the importance of
international partnerships to strengthening aviation security.
The event was in Ontario, Canada.
March 14, 2019--Spoke at the IBM Think Gov 2019 Conference.
The speech discussed how TSA is preparing for a digital future.
The event was in Washington, DC.
December 21, 2018--Spoke at the Pan Am Flight 103 30th
Anniversary Memorial Service. The speech acknowledged the
victims and families of Pan Am Flight 103 and discussed TSA's
role in improving aviation security. The event was in
Arlington, Virginia.
August 13, 2018--Spoke at the Annual Global Business Travel
Association (GBTA) Convention. The speech addressed TSA's
future initiatives and collaboration with interagency partners
and stakeholders regarding checkpoint innovation and
technology. The event was in San Diego, California.
August 7, 2018--Spoke at the 16th Annual TSA Disability and
Multicultural Coalition Conference. The speech discussed
actions TSA has taken to ensure the security of the traveling
public and efforts TSA has taken or plans to take to improve
the traveler experience. The event was in Arlington, Virginia.
July 31, 2018--Spoke at the Association of Southeast Asian
Nations (ASEAN) Counter-Terrorism Conference on Aviation
Security. The speech discussed TSA's perspective on the current
aviation security environment and aviation security challenges
shared by the U.S. and ASEAN members. The event was in
Singapore.
July 25, 2018--Spoke at the International Civil Aviation
Organization (ICAO) Regional Conference on Aviation Security
for the Americas. The speech discussed the U.S.'s leadership
and commitment to prioritizing aviation security in the
Americas and endorsement of a regional roadmap. The event was
in Panama City, Panama.
July 17, 2018--Spoke before the Aspen Institute Homeland
Security Group. The speech was in regard to the future of
aviation security. The event was in Aspen, Colorado.
July 12, 2018--Spoke at Transforming the Customer Experience
in Government Conference. The speech discussed TSA's efforts
and initiatives to improve the traveler experience. The event
was in Washington, DC.
April 25, 2018--Spoke at the Washington Homeland Security
Roundtable Industry Day. The speech focused on my vision and
strategy for leading TSA, the transportation security threat,
and the importance of public-private partnerships. The event
was in Washington, DC.
May 10, 2018--Spoke at the General Aviation Manufacturer's
Association Board of Directors Meeting. The speech focused on
TSA's role in General Aviation and collaboration with
stakeholders. The event was in Washington, DC.
March 7, 2018--Spoke at the George Washington University
Center for Cyber and Homeland Security. The speech focused on
TSA's mission and priorities, the evolution of aviation
security, and my strategy for TSA. The event was in Washington,
DC.
March 1, 2018--Spoke at the 2018 U.S. Chamber of Commerce
Aviation Summit. The speech discussed TSA's role in aviation
security, the aviation security threat, the evolution of
screening technology, and the importance of technological
innovation. The event was in Washington, DC.
February 12, 2018--Spoke at the American Public
Transportation Association Transit Chief Executive Officer
Seminar. The speech discussed the interdependence of
cybersecurity and physical infrastructure security, the need to
focus on cybersecurity, and the importance of partnerships to
strengthen the security of public transportation. The event was
in Miami, Florida.
February 7, 2018--Spoke at TSA's Fifth Public Area Security
Summit. The speech focused on the transportation security
threat and importance of a unified approach to public area
security. The event was in Arlington, Virginia.
December 8, 2017--Spoke at the Homeland Security Advisory
Council Meeting. The speech discussed the transportation
security threat, TSA's efforts to raise the global baseline for
aviation security, and the importance of developing innovative
screening technology. The event was in Washington, DC.
December 5, 2017--Spoke at the American Association of
Airport Executives (AAAE) Annual Aviation Summit. The speech
discussed TSA's mission and strategy to strengthen aviation
security. The event was in Arlington, Virginia.
November 29, 2017--Spoke at a Rand Corporation event. The
speech discussed TSA's mission, global efforts to raise the
transportation security baseline, domestic efforts to
strengthen transportation security, and my vision for the
future of TSA and transportation security. The event was in
Santa Monica, California.
November 14, 2017--Spoke at the International Air Transport
Association Aviation Security World Conference. The speech
focused on the changing landscape of aviation security and the
U.S.'s approach to aviation security. The event was in Abu
Dhabi, United Arab Emirates.
October 25, 2017--Spoke at the 2017 International Pipeline
Security Forum. The speech discussed TSA's role in pipeline
security and the importance of TSA's partnerships with the
pipeline sector to strengthen pipeline security. The event was
in Buffalo, New York.
October 17, 2017--Spoke at the Airports Council
International--North America Public Safety and Security
Conference. The speech discussed TSA's partnerships with
airports and stakeholders, the aviation security threat
landscape, and TSA's aviation security priorities. The event
was in Arlington, Virginia.
September 11, 2017--Spoke at the Annual Remembrance Ceremony
for September 11, 2001. The speech addressed the 9/11 terrorist
attacks and how aviation security has evolved. The event was in
Arlington, Virginia.
I delivered the following speeches after I retired from the U.S.
Coast Guard and prior to serving as the current TSA Administrator:
February 2011--Spoke at a Maritime Security Conference on
cross-border risk management. The event was in Miami, Florida.
May 2014--Spoke at a World Customs Organization IT
Conference on cross-border risk management. The event was in
Brisbane, Australia.
Senator Klobuchar. Thank you very much, Administrator. We
have a number of Senators here. And first of all, I want to
make sure you promise me you will tell our MSP crew that they
are doing a great job.
Mr. Pekoske. Absolutely. Promise.
Senator Klobuchar. OK. Thank you. Second, you talked about
and have said that the agency expects this summer to be very,
very busy. I mentioned the numbers. We are already seeing that.
Talk about some of your biggest workforce issues. How do you
think we could resolve them?
Mr. Pekoske. It has been a busy summer. Pretty much every
day since Memorial Day has been a 2 million plus travel day.
You mentioned that the busiest day was the Friday before the
4th of July weekend, broke all the records until the, you know,
before the pandemic. So it has been very, very busy.
Our workforce has performed incredibly during the spring
break and certainly as we are about in the midpoint in the
summer. One of the biggest things for us, and I mentioned it in
my opening statement, is to ensure that we do achieve pay
equity.
I mean, when you look at all those men and women that are
on the front lines of TSA, they are generally making about 30
percent less than their Federal counterparts in other agencies.
If we classified their positions using standard guidelines,
their pay would increase by 30 percent. That is significant.
And that is something that I think is absolutely critical
for TSA in the future, and I would appreciate your support of
that pay equity initiative. The other thing that is very
important to keep in mind is that everyone in the country
pretty much has had a difficult time hiring entry level people.
It is not easy. It is much harder than it has ever been
since I have been the Administrator. We are about 10 percent
below where we would like to be with our screening work force,
but we have been able to maintain our wait time standards
because of the incredible work of that workforce and so
management flexibilities that we have.
I mean, we asked for volunteers among all the
transportation security officers and said, hey, if you would
like to volunteer, if you are at an airport that might be
overstaffed, we would like to move you to another airport that
would be understaffed.
We had 1,000 people raise their hands and do that, and that
is one of the reasons why we have been able to maintain our
standards through this busy summer today.
Senator Klobuchar. [Technical problems]--I appreciated your
willingness to move things. I will never forget a few years
back when we had huge delays because of some construction at
our airport and you guys moved some dog crews from Maui.
You would appreciate, Senator Wicker, that these dogs had
been in Hawaii, and they were moved to Minnesota in February.
That was what happened to them. But in any case, my last two
questions. Kind of on the same subject so I will ask them
together. It is about this idea of international travel.
Senator Wicker, actually, the bill that Senator Wicker led,
the Travel and Tourism Omnibus Act, the overall bill includes a
bill led by Senator Wicker that authorizes the TSA to allow
passengers arriving from foreign airports to transfer to
connect flights at U.S. airports without having to go through
customs again.
They have obviously gone through it once. And Senator Blunt
and I lead Brand USA, done a lot of work in this area, co-
chaired the international--the Tourism Caucus. Senator Rosen is
showing great leadership on this committee on this. How would
the one stop security pilot program help improve and streamline
the passenger experience?
Mr. Pekoske. One stop security, Senator, is a terrific
initiative and I really urge the passage of that initiative. It
will give us the opportunity to prototype one stop in several
airports and airport pairs internationally, and it will give us
an amount of time to very carefully evaluate its effectiveness.
First and foremost, one, stop security improves security.
What it means is that flights that depart last point of
departure airports internationally bound for the U.S. will be
more secure with one stop than they are without one stop
security. So that is a very, very important point to make.
The other is, it provides a great deal of efficiency in our
system. Rather than rescreening passengers, when we are
satisfied that the security outcomes are commensurate with U.S.
outcomes, there is really no reason to rescreen passengers once
they arrive in the United States.
And so I think this will make a big difference for all
travelers, in particular for business travelers who are really
on very tight schedules and want to move through the system
quickly.
Senator Klobuchar. Very good. And just, we don't have to go
on because I don't want to go beyond my time. We now, in MSP
they can use, passengers from other countries can now choose to
go through border control using facial recognition scanners.
I assume that there is some other update we could do. We
know that these international travelers--of course, we want to
make sure everyone is safe, and you are in charge of doing
that.
But they spent an average of $5,000 in our country every
time they come. And of course, we have lost all that business
from the pandemic the last few years. We want to up it again.
Just the use of technology there.
Mr. Pekoske. Yes, ma'am. And we are working very hard to
provide biometric technology at our screening checkpoints
around the country. And we have also done some prototyping with
Customs and Border Protection so that we can biometrically exit
travelers from the United States just at TSA without having to
go through customs. So, you know, that is a significant
facilitation as well.
Senator Klobuchar. OK. Very good. I will turn it over to
Senator Wicker, and then also Senator Tester is going to be
taking over for me at some point here, so thank.
Senator Wicker. When are we going to see that biometric
exit?
Mr. Pekoske. So we prototyped it, most recently at Atlanta
Airport. It has worked very well, and we are partnering very
closely with Customs to put together an implementation timeline
for when that can be put out.
Senator Wicker. So, if you can take a minute and just tell
us how that works.
Mr. Pekoske. What it does is, when a passenger comes into
the United States internationally, their image is taken at
Customs when they go through the port of entry in the airport.
And what Customs does is they match that up with their passport
photo to make sure that they are the same person.
And of course, we do all the background checks and things
like that to admit into the country. When they exit the
country, there is a requirement not yet fully implemented to
biometrically exit. So you biometrically enter and then you
will be biometrically exited----
Senator Wicker. And if they have landed in Dallas and leave
it Atlanta, it still works?
Mr. Pekoske. It still works.
Senator Klobuchar. Is that the same thing in Minnesota that
is happening or is that different?
Mr. Pekoske. That is different. In Minnesota, that is
mostly for domestic travel. And we are putting biometrics in
extensively facial recognition. And I should mention too that--
--
Senator Wicker. I think you should wait a long time for
Minnesota.
[Laughter.]
Mr. Pekoske. But we have been working really, really
closely with Customs so that we aren't duplicating effort. We
are using the same technology, and it so far works very well.
Senator Wicker. OK. Well, Madam Chair, starting my clock
now. Let me ask you this, Mr. Administrator. 20 years ago,
Congress chose not to place the new agency under Title V. We
now have a proposal, Fiscal Year 2023 proposal that would
essentially do that.
An additional $121 million is requested to establish a
labor relations support capability to manage expanded labor
benefits for TSA officers. A panel that you appointed, a blue
ribbon panel composed of Republicans and Democrats in 2019,
recommended against that, including the chief human capital
officer for DHS under President Obama, strongly recommended
against moving TSA personnel under Title V.
And they said this, one recommendation the panel heard
repeatedly from employees was moving TSA into the general
schedule. The panel does not agree. The general schedule is a
70 year old classification and compensation system for the last
century and is the subject of countless studies and
recommendations from good Government organizations who
consistently find it is too inflexible to meet the needs of
21st century work force.
A better course of action is to use existing a TSA
flexibility to improve TSA pay system so that it operates at a
level superior to the GS system. So where are we on that? And
has there been--have you had a change of heart?
And is there some middle ground where we can pay these
people what they are due without moving to the GS?
Mr. Pekoske. Thank you, sir. The President's budget request
seeks the funding to support pay that is equitable, that is
equivalent to what someone would be paid under the general
schedule and also has a separate budget line item to support
full collective bargaining. Because we cannot implement full
collective--we do limited collective bargaining for our TSOs.
We are funded for that.
We aren't funded for full collective bargaining. So there
is two separate line items. One for pay. One for collective
bargaining. The pay item does not require a transfer to Title
V. It doesn't say which system to operate under. It just says
we need to pay. From my perspective, 5 years in TSA talking to
thousands of officers, the number one concern they have is
their pay.
When they are working in an airport and they see their
Customs and Border Protection counterparts who are on the
general schedule making a lot more money than they do, doing
somewhat similar but different jobs, but they were classified
out very similar to each other, that is a significant problem.
And we have high levels of attrition at TSA. 20 percent of
our workforce turns over every year. And it is very, very hard
for us to recruit people because they are looking at the pay
system, and even if we can recruit them, they will decide to
come into TSA sometimes and then transition to another agency--
--
Senator Wicker. It is more of it moving to another agency
or moving to the private sector?
Mr. Pekoske. It is both, sir. But some folks that come in
do want to work in the Federal Government, do want to serve
their country, do want the benefits the Federal Government
provides. But they are looking, of course, for where they can
get the best compensation----
Senator Wicker. What is the entry level?
Mr. Pekoske. The entry level for us is up roughly the GS-5
level. And so when you think about it, the TSOs that you see in
checkpoints, their average pay is around $40,000 a year. That
is a very low level of pay for the responsibility that we place
on their shoulders and what we ask of them day in and day out.
So for me, the number one thing for me as the
Administrator, and if confirmed into the next 5 years, is
fixing this pay issue because it is critical for us. You both
mentioned staffing of the airports. We won't be able to staff
if we don't get pay adjusted.
Senator Wicker. Thank you, sir. I yield back.
Senator Klobuchar. Very good. Thank you. Senator Tester.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Thank you, Madam Chair, and thanks for
having this hearing. Administrator Pekoske, thank you for being
here. Thank you for the job you have done the last 5 years. I
mean, the fact that when I came in this room and I looked at
you and I said, oh, yes, that is Administrator Pekoske, is a
really a good sign because that means I haven't had to have you
in front of me talking about screw ups.
And so we appreciate that very, very much. And we
appreciate the professionalism of the people that work with
you. I have got a couple of questions. We are going to get to
the airplane part of things, but I want to start with
pipelines. There is a 2018 report out there that found that
there was only six people working on pipeline security in 2018.
Could you give us an update where we are at today and if
the staffing is adequate? Because we have seen pipeline
mischief. If the staff is adequate to make sure that this
country is well protected because pipelines are critically
important.
Mr. Pekoske. Yes, sir. Thank you for the question. And
pipeline cybersecurity resilience is a very top priority of
ours, and our staff is significantly larger than what it was
last time we talked, but it is still not the levels where it
needs to be.
But one of the things that we have been very, very
successful at, and this is still a great credit of the
Department and the Cybersecurity and Infrastructure Security
Agency, is we partner very closely with them on cybersecurity
issues and overall critical infrastructure protection issues.
Additionally, we work very, very closely with the Pipeline
and Hazardous Materials Safety Agency in the Department of
Transportation, who also has cyber expertise. And so our work
to date has been pooling those cyber resources together. But we
do need to have additional cyber resources. And you will be
seeing that in future budget requests, I am sure.
Senator Tester. Can you tell me how many people are working
in pipeline safety today?
Mr. Pekoske. Yes, sir. In pipeline security for cyber, I
will limit it to cyber, we have hired about 20 plus additional
people. We have more in the pipeline to come on board. And then
as we expand our cyber resilience efforts across the surface
transportation sector beyond pipelines, it will require even
more resources to do that.
Senator Tester. And so you have got 20 in cyber. What is
the other area in pipeline safety that you work on?
Mr. Pekoske. That would be just policy development and then
inspection, sir.
Senator Tester. OK. And how many people do you have in that
arena?
Mr. Pekoske. In the inspection process, we have hundreds.
But those inspectors are dual head. There is aviation security
inspectors and pipeline security inspectors. We are about to
shift a number of them right over into pipelines as a dedicated
resource. So the pool of inspectors is deep, but we do need to
build their expertise in cyber issues.
Senator Tester. For the adequacy that you have right now,
you would say that you need to bump up the cyber end of things.
And what about the inspection and things?
Mr. Pekoske. Inspections as well, sir. Yes, sir. Both of
them.
Senator Tester. OK. Do you have a top line number that you
want to try to achieve in the next--?
Mr. Pekoske. We are still developing that top line number,
Senator, because we are looking at the extent of our
cybersecurity regulatory efforts over the next year plus, and
it will expand beyond what it currently is.
Senator Tester. OK. You have previously testified in the
House, I believe, that you support writing in the law full
collective bargaining rights and pay equity for transportation
security officers at TSA, which has been addressed already.
This committee has legislation before it that would do exactly
that. Tell me why you are supportive of these provisions and
why you think it will make a difference in recruitment.
Mr. Pekoske. Sir, the pay equity is critically important,
as I said before, just to make sure we can hire, retain, and be
fair. I mean fairly compensate our employees who have critical
National Security roles.
With full collective bargaining, I support full collective
bargaining. TSA has had limited collective bargaining since its
inception 20 years ago. I look at the Federal Employee
Viewpoint Survey results when they come out. I look at them
very specifically to individual airports to see what are the
workplace dissatisfiers for our frontline screening workforce.
As I look at this, you know, we have been 20 years doing
limited collective bargaining. It hasn't gotten us to where we
need to be. And so I think that we should try full collective
bargaining. But I just need the resources to be----
Senator Tester. So, when it comes to the airplane staffing,
the airport staffing, you are about 8 percent down. How have
you dealt with--I mean, you are getting an influx 2 million a
day. How have you dealt with the line issue with your staffing
being 8 percent down?
Mr. Pekoske. Yes, sir. We have dealt with it successfully,
too. A lot of hard work at the local level. I mean, we have
really, really good relationships between our airport
leadership and the owners and operators of the airports and the
carriers, who we all work together to try to make sure that a
passenger gets on board the plane and can depart as quickly and
safely and securely as possible.
The other thing that we have employed a great deal are
recruiting bonuses. We have a series of incentives. We have
increased where the cost of living is very high, proportional
to the rest of the country.
We provide additional retention incentives to compensate
for high cost of living areas. We also this summer have a
summer incentive. So we provide more money in addition to
overtime for those that are working overtime hours.
Senator Tester. Thank you. Thank you, Madam Chair.
Senator Klobuchar. Senator Fischer.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Madam Chair. Welcome,
Administrator. Nice to see you again. I appreciated that we had
the opportunity to meet and discuss some of the priorities that
I have. I wanted to follow up on a discussion that we had
regarding the staffing at Eppley Airfield in Omaha and a
potential new requirement that airport staff exit lanes will
become a responsibility of an airport instead of a TSA
responsibility.
Can you just briefly give us an idea, some further details
on what those changes might be, and how TSA, I guess, is going
to be able to offer any assistance for those additional costs
to airports.
Mr. Pekoske. Thank you, Senator. And I appreciated the
conversation we had very much as well. Roughly a quarter of our
airports have staffed exit lanes. And we--and as we look at the
expertise we build into a transportation security officer to do
all this, the screening work that we do in our screening
checkpoints, our view is that that is not the best application
of the skills that we provide to that workforce.
But if the technology is not in place to prevent people
from going into an exit lane and getting into a sterile area of
an airport without screening, then it does need to be staffed.
The question is by whom? And in the budget proposal, for about
$94 million, if I recall correctly, would require airports to
assume that responsibility.
As I look at this and I see manned exit lanes in all those
airports when I visit, and I also see other airports that have
good technology solutions to this, in my opinion, a technology
solution is the best way to get at this, and I recognize there
is a funding requirement for that.
Senator Fischer. And do you have any ideas on how these
airports are going to meet that requirement, for--where they
are going to get their revenue from?
Mr. Pekoske. Senator, if the budget is passed as submitted,
then as soon as the Fiscal Year 2023 budget is enacted, they
would assume responsibility for exit lane staffing. So they
would have to generate staff to do that because you won't have
a technology solution in place quite that quickly.
But then I would expect that we would work very closely to
try to develop some of those technology solutions. But the
funding for that, as proposed in the budget, would come from
the airports, not from the Federal Government at this point in
time.
Senator Fischer. OK. Senator Tester asked you about the
pipeline security, cybersecurity on pipelines. And based on the
directives that were put forward earlier, do you know--are you
planning as TCA to look at any future security directives with
regards to freight or passenger rail, to look at mass transit,
to look at maritime? And if so--you are nodding, yes. So if so,
what is the timeline on that?
Mr. Pekoske. We are already working with the rail sector on
cybersecurity requirements beyond what they already have. So
they already need to report incidents. Already need to have a
point of contact and to do vulnerability assessments and have a
contingency plan.
We anticipate placing additional requirements, but the
change, and we are also making this change on the pipeline
sector, is to go to a performance based regulation rather than
a specific activity based regulation.
We feel that that provides the owners and operators of
these systems a great deal more flexibility to achieve the
security outcomes that we want to achieve. And so far, the
feedback from the industry has been very positive on that.
Senator Fischer. And do you have any specific timeline in
mind on that, how long it would be?
Mr. Pekoske. Our timeline for rail will be over the next
month or so. And then we will also look at the aviation system,
both airports and airlines.
Senator Fischer. OK. Anything in maritime?
Mr. Pekoske. In maritime would be a Coast Guard
responsibility. We work closely with the Coast Guard on that.
Senator Fischer. OK. Thank you. During your nomination
hearing in 2017, I asked you how the TSA can be more proactive
in addressing surface transportation security. And usually TSA
historically has spent just 2 to 3 percent of its budget on
those surface transportation programs. What have you done since
you have been in this role for 5 years? What steps have you
taken to be able to bolster that surface transportation
security?
Mr. Pekoske. Thanks, Senator. Well, first we reorganized,
and we now have an Assistant Administrator for Surface
Transportation Security Operations. And that puts it more on
par with the domestic aviation security operations within our
structure.
We provided additional resources, and in response to
Senator Tester's question, we also allocated some of the
aviation inspectors to surface transportation compliance works.
So there is a significant increase in overall headcount in
surface.
We have placed a lot of emphasis too on building
relationships with the owners and operators of surface systems.
And as you know, I am just in the pipeline sector, there are
3,000 pipelines in the country. We are doing our very best to
work with the associations and then work with the most critical
of those owners and operators in the country.
Senator Fischer. OK. Thank you very much. Thank you,
Madam--thank you, Mr. Chairman.
Senator Tester. Mr. Chairman will work. Next we have the
Senator from Massachusetts, Senator Markey.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. I thank you. And my grandfather actually
got off the boat and--from Ireland, and he went to Montana to
build the railroad. And he built it for about 6 months. And
then he just decided, which is too cold, Montana, and believe
it or not, came back to Boston and went temperate. Otherwise I
would have had a funny accent, OK, but I don't, OK.
[Laughter.]
Senator Markey. My grandfather did return to Boston, so I
have this accent, which I don't understand why everyone else
sounds so funny and we don't. So I thank you, Administrator
Pekoske. And I want to return to an issue that you and I have
spoken about previously, fee diversion.
The diversion of the September 11 security fee to deficit
reduction has had a significant consequence for our aviation
system. This misguided policy siphons nearly $1.5 billion from
TSA's budget every single year. Depriving TSA, depriving you of
the critical resources you need in order to provide security
for our Nation.
And that is why I introduced the Faster Act, which would
end this fee diversion and ensure that TSA and its workforce
have the tools they need. Administrator Pekoske, do you agree
that ending fee diversion is critical to improving the security
of our transportation system?
Mr. Pekoske. Senator Markey, I couldn't agree with that
statement more. This fee diversion has been going on since the
2013 balanced budget agreement. It goes on for several more
years by an extension of that agreement. It is $1.52 billion in
Fiscal Year 2023 that would provide additional top line for
TSA.
Senator Markey. You know, and it is absolutely a critical--
we had to fight very hard after 911 to finally put in place the
security provisions which we have. But again, a vision or
security with all funding is an hallucination. You got to have
the funding, right, in order to make sure that it works. So you
should be able to use these resources to give transportation
security officers and Air Marshals a well-deserved and overdue
raise. Better pay and benefits would also allow the agency to
recruit and maintain a talented, experienced workforce. Mr.
Pekoske, do you agree that improving that pay and benefits of
the TSA workers will in this way improve airport security?
Mr. Pekoske. Yes, sir, without question. And it is
absolutely critical that we improve pay. It is fundamentally
unfair what we are doing now.
Senator Markey. When we invest in workers' economic
security, we invest in our own security as well. I agree with
you 100 percent. A $1.5 billion every single year, taken out of
your budget, while people wonder we secure--you know, is the
morale of our workers high enough in order to protect everyone
who is going through airports in our country? You know,
obviously, we know what the answer is.
You know, we have to show that we respect them. We have to
show that we have the resources to continually upgrade the
resources. So I saw that at Logan Airport with Mohamed Atta and
the other nine, they were scoping out Logan Airport for months
just sitting there, and I can--you know, I was informed by now
those workers in terms of all the provisions I was able to
build into the legislation in 2007 that mandates those
protections.
But you also then need--you need to fund it, you know,
because they are constantly testing. Mohamed Atta had a Ph.D.
These are smart people. They are trying to figure out how to
penetrate the system. And if you are not continually investing,
they will find the aperture. They will find the way through.
And then we will have another catastrophe. So this funding is
absolutely essential.
And I want to turn to a related issue, wages and benefits
for airport service workers. These individuals are the unsung
heroes of our aviation system, but they are often overworked
and underpaid.
And that is why I introduced with Senator Blumenthal the
Good Jobs For Good Airports Act, which would help ensure that
airport service workers are paid a living wage and benefits
like improving the pay of TSA officers, improving the labor
standards for airports service workers makes our airports safer
by lowering turnover and ensuring that the airports have an
experienced workforce.
Administrator Pekoske, do you support increasing pay and
benefits of airports service workers, and do you agree that
improving these labor standards will improve airport security?
Mr. Pekoske. Yes, sir. I think increasing pay will allow
the airports and airlines to be more selective as to who they
hire. And it will also appropriately compensate those workers
for the terrific work that they do. And they are the unsung
heroes of the system.
Senator Markey. And I just--and I want to thank you,
because I appreciate your team working with my team to address
my concerns related to privacy, because surveillance and
security are not the same thing. Travelers should not be faced
with a false choice between privacy and protection. I look
forward to working with you on that as well. Thank you, sir.
Mr. Pekoske. Thank you, Senator.
Senator Tester. Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman. Administrator
Pekoske, thank you for being here today and for your
willingness to serve in this important role once again. And
last year, thanks to the hard work of this committee, Congress
passed the FAA Reauthorization Act of 2018, which included my
bill, the TSA Modernization Act, reauthorizing the agency for
the first time since 2001.
Passage of the bill enacted several provisions aimed at
minimizing security line wait times, deploying more advanced
screening technologies, and increasing protections for
unsecured portions of the airport, all to benefit the
experience of the traveling public while keeping our airports
and skies safe from harm.
Building on improvements made by the FAA Extension Safety
and Security Act of 2016, the bill required the TSA to increase
the accessibility of the pre-check program, including a
provision requiring the agency to enter into an agreement with
private sector entities to expand precheck enrollment options
such as the start to finish secure online or mobile enrollment
capabilities.
Increasing enrollment options is important to rural areas
like South Dakota, where enrollment is currently limited to
physical locations. Could you speak to the agency's
implementation of that section?
Mr. Pekoske. Yes, sir. First, let me thank you again for
the Modernization Act. It significantly improved TSA and it
significantly has improved the passenger experience. And to
your question on PreCheck, PreCheck is a vital program for us.
Pre-Check coupled with Global Entry, allows us to have a
trusted traveler population that will allow us to focus our
limited security resources where they are needed the most.
We agree completely that we need to improve the enrollment
availability across the country. We have signed agreements with
two additional companies to expand enrollment services in the
United States.
I expect that their authority to operate, in other words,
our review of their cybersecurity within their systems and
their processes will be done this calendar year. So you should
see those new enrollment vendors are rolling out some time in
calendar year 2022.
Senator Thune. OK. Thank you. And just as a follow up on
that, I have continued to work with Senator Blackburn on
legislation requiring TSA to develop a secure online PreCheck
enrollment process, allowing Americans in rural areas to enroll
in the program without traveling to a physical enrollment
center. Could you discuss TSA's internal efforts to increase
the accessibility of PreCheck enrollment?
Mr. Pekoske. Yes, sir. You know, we want to make PreCheck
available to as many people who qualify for it as we possibly
can. We just recently reduced the fee for renewal of PreCheck
from $85 to $70, and that can be done completely online. We are
working very closely with the FBI to see if we can eventually.
It is not going to be soon, I don't think, but eventually get
to the point where we can do more mobile enrollment into TSA
PreCheck.
Senator Thune. And if confirmed, I assume you will continue
to work with us on that initiative. Thank you. You mentioned in
your testimony, TAs work with operators of critical
transportation infrastructure to combat both physical security
and cyber threats. In October of last year, I joined a letter
with Ranking Member Wicker and several of my Commerce committee
colleagues expressing concern with recent security directives
issued by the agency, particularly the lack of engagement with
affected stakeholders.
And I appreciated your January response to this letter,
which outlined the agency's work with stakeholders to develop a
collaborative cybersecurity framework. Could you provide an
update on TSA's work with affected stakeholders in implementing
the requirements of these security directives?
Mr. Pekoske. Yes, sir. I appreciate your letter and
expressing your concerns, and we have certainly worked very,
very closely with the oil and natural gas in particular sector,
I think, to great effect.
We have had a series of very robust engagements both with
the associations, with the individual owners and operators, to
the point where we are about to reissue our security directive
that had those specific measures in it to give those owners and
operators a great deal more flexibility as to how they achieve
the security outcomes that we deem need to be achieved.
And the other thing that was very significant this time
around was we made sure that the CEOs of those companies, their
CIOs, their CISOs, and their chief security officers had access
to very high level intelligence that demonstrated to them the
urgency within which we need to move in this regard.
And I would like to, I am just kind of reflect back on the
last year and observe that the oil and natural gas sector in
particular, thanks to the work of those owners and operators
and their teams and their investment, is significantly more
resilient than it was a year ago.
And I think it will continue to grow in resiliency over the
course of the next several years. We will go into a full notice
and comment rulemaking process beginning this year as well.
Senator Thune. Thank you. Mr. Chairman, my time has
expired. I have another question I will perhaps submit for the
record.
Senator Tester. Thank you. Senator Rosen, remotely.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Thank you, Mr. Chairman. Appreciate it. I am
so happy that we are having this hearing because as chairwoman
of the subcommittee for Tourism, Trade and Export Promotion,
travel experience matters. TSA is a huge part of that travel
experience.
And I want to just speak for a moment about 90 million
expected international visitors, according to the recently
released a plan for a national tourism strategy. And so those
90 million visitors that are expected to come are estimated to
spend about $279 billion annually right here in the United
States.
And so I have a bill with the Ranking Member Wicker, the
Omnibus Travel and Tourism Act. We affectionately call it the
Tour Bus, that talks about the one stop security pilot program.
We know Senator Klobuchar mentioned it earlier, but it does
include a provision that would allow passengers and baggage
arriving from certain foreign airports, one that we certify, to
bypass a second round of screening if the point of last
departure airport has screening, like I said, commensurate with
that in the U.S.
We hope to see this bill passed soon for obvious reasons. A
nearly $300 billion annually is quite a boost to our economy.
So, Mr. Administrator, could you expand a little bit about how
the establishment of the one-stop security pilot program really
can help support your TSA mission, can help improve the travel
experience, and just expedite everything, make our airports
more efficient while maintaining safety and security?
Mr. Pekoske. Well, thanks, Senator Rosen. And we strongly
support one stop security. I think it is a terrific idea
because it improves the overall level of security effectiveness
for passengers departing from those last point of departure
airports where we have an agreement.
This means that we will have similar technologies, similar
software operating those technologies, and similar ways to
ensure that the security levels are commensurate. To your
point, it provides a significant efficiency benefit in the
system where passengers don't need to get rescreened here in
the United States.
And, you know, one of the things as we look at airports
around this country, and if we assume, and I think it is a very
valid assumption that once we fully recover from the pandemic,
we will see 4.5 percent or so year over year growth in
passenger volume. That is basically the same rate we saw before
the pandemic. We can't continue to increase our staff at that
level because we have limitations in physical infrastructure.
And I think this is a way for us to better manage the
increase in growth, which is a good thing. I have seen the
aviation industry continue to grow and seeing more travel and
tourism in this country is certainly a very positive impact on
our economy, as you mentioned.
Senator Rosen. Well, wonderful. Well, that leads me right
into building what Senator Wicker was speaking about. Our
airports' workforce shortage. And TSA recently named the Las
Vegas Harry Reid International Airport as its airport of the
year for large airports.
I am really proud of this designation and the wonderful
work the TSA and LAS are doing, from relaunching the innovation
checkpoint, making Las Vegas the only checkpoint in the country
featuring the latest upgrades, you have been speaking about, in
aviation security technologies.
We are going to improve security passenger screening,
carrying out trials, and integrated UBC light sanitation
systems. But we thrive at Harry Reid Airport because of our
workers. And so it is essential that our workforce have the
resources that they need to develop these technologies to keep
Americans safe. It is why I am a co-sponsor for the Rights for
TSA Workforce Act.
This would grant TSA workers the same rights and
protections that are granted to most Federal employees. So
again, Mr. Administrator, could you talk about what resources
the TSA workforce may need from Congress to be sure that they
are safe and protected as well?
Mr. Pekoske. Yes, Senator. The resources that we would
need, one is--I will put it into two categories. One is to
achieve pay equity, and that resourcing is in the order of $872
million in Fiscal Year 2023 and then annualized in Fiscal Year
2024 to about $1.52 billion, which is very close to the number
that Senator Markey raised with respect to the aviation
security passenger fee diversion to deficit reduction.
So that is the most significant issue for us in our budget,
is to make sure that we get pay equity for our workforce. The
second is to allow us to do full collective bargaining, which I
strongly support, but we are not resourced to do that, and that
is in the order of about $120 million. I think that will
improve the overall workplace environment within TSA. I think
it will improve our retention.
And I would really strongly ask the Congress to support
that additional funding for full collective bargaining for TSA.
With respect to other aviation workers, you know, I would just
highlight as well, in addition to some of the workers that have
been mentioned, are the gate agents that have done a tremendous
job in this pandemic recovery, and the flight attendants who
have dealt with a lot of unruly passenger behavior over the
last year.
And I just want to make sure that I mentioned their efforts
as well. Thank you.
Senator Rosen. Thank you for being here today. Mr.
Chairman, I yield back.
Senator Tester. Senator Blackburn.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Mr. Chairman. And thank you
so much for being with us today. And I thank you and your team
for the work you did on getting TSA back to the Jackson,
Tennessee Airport. As you know, that was important for the
region. It is important for the economic growth that is taking
there and the expansion of the Mega-Site, Ford, SK, Kellogg,
Toyota, all that have seen tremendous growth there.
So we thank you for that. I and Senator Thune mentioned the
Mobile Enrollment for TSA Act and the importance of that. I do
think for rural communities, this is going to be vital to
continue with that. I do want to ask you, the TSA Modernization
Act, and I would like for you to speak for just a minute why
you all chose to disregard that law and enter into agreements
with vendors that did not include secure mobile end to end
enrollment.
Mr. Pekoske. Senator, I can get back to you for the record,
if I could, to answer that question, because I want to make
sure that I give you the most accurate information. But I do
appreciate very much your advocacy for small airports now
recovering. And, you know, we will always move very quickly to
allow that recovery to occur. Thank you.
Senator Blackburn. OK. Thank you. You mentioned biometrics
earlier. So what is the timeline? What you did not do was give
us a timeline for when you see full implementation taking
place. And then also, I would like to know what are the privacy
and safety arrangements around that data, because this will be
capture and hold on that data.
Mr. Pekoske. Yes, ma'am. With respect to biometrics at the
checkpoint, we do capture the data, but we do not hold it. So
as soon as the passenger departs the identity verification
station, we erase that data.
And that is in our privacy impact statements. And I will
start with privacy, because I think that needs to be at the
forefront of all biometric discussions. We want to make sure
that we are open and transparent and very respectful of privacy
rights of travelers. With respect to how long is it going to
take?
Unfortunately, longer than I would like it to take because
our capital investment level in the Fiscal Year 2023 budget,
for example, is about $100 million. That is going to push out
our CT acquisition to about 2036, our X-ray acquisition to
2036.
And then our credential technology, which would have the
biometrics embedded, is going to be in, you know, about 10
years after that. So it is a longer timeline. We are ready to
go. We are constantly testing, constantly improving. It just
requires additional funding, and our top line is kind of
constrained to be able to do that.
Senator Blackburn. Well, that is helpful to hear. I was
disappointed to hear you say that you supported collective
bargaining. And I know that Senator Wicker brought up the Title
V issue earlier, and that is of concern for me. So it appears
that TSA has kind of changed their opinion and their view on
that issue. Am I correct on that?
Mr. Pekoske. Yes, ma'am. You know, I have had experience in
all 5 years in this position, and that report was done earlier
in my tenure. I have, like I said, paid very, very close
attention to our Federal Employee Viewpoint Survey results.
Those--that needle hasn't moved where it needs to move to.
And I think we need to try a different approach to this. But it
is expensive, and that is the reason for the budget request of
$120 million to execute.
Senator Blackburn. OK. Current law calls for employees that
allow guns, knives, explosives through a checkpoint to be
immediately terminated. So changing status and moving them
under Title V, could those employees remain on the TSA payroll?
Mr. Pekoske. We would have to--you know, we have to look at
the specific legislation that would be at play. We have
provided technical drafting assistance to H.R. 903, which is
the current legislation that has passed the House.
Senator Blackburn. Well, safety of the flying public is an
imperative. And it appears that Title V may restrict your
flexibility in dealing with employees. Is that correct?
Mr. Pekoske. What we would want to do as the bill goes
through the process is to look at areas where it might have an
impact that we would want to have you consider additional
adjustments on that. And so we would have to look at the
legislation and see where some of the specific impacts would
be. But clearly, from my position, I am all about improving
security and not at all about decreasing security in any way,
shape, or form.
Senator Blackburn. How much training does a TSA agent go
through before they begin to screen people on their own? What
is the hours required? I know at one point it was as few as 24
hours and then it moved to 40 hours. So where are we now with
training?
Mr. Pekoske. Yes, it varies by station because there are
different stations within the screening operation. So for the
X-ray system, for example, that is in excess of 90 hours to
become certified in that.
Additionally, we put all of our new officers through the
TSA Academy, which is 2 weeks long and about to go to 3 weeks.
So they have the on the job training and then they will have
the academy training, which gives them some skills based
training.
Senator Blackburn. So that is for officers and not for
agents.
Mr. Pekoske. Same thing. You know, our transportation
security, we call them TSOs, Transportation Security Officers,
those are the agents you see on the checkpoints.
Senator Blackburn. All right. But they are still not law
enforcement, correct?
Mr. Pekoske. That is correct.
Senator Blackburn. All right. Thank you.
Senator Tester. Thank you. Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you so much, Mr. Chairman, and
thank you, Administrator, for being with us today. I apologize,
I am not there with you in person, but I enjoyed our in-person
meeting the other day. And as I expressed to you then and want
to reiterate now, first of all, we are very proud of the work
that you have been doing as a former resident of Meriden and
Southington, a native of Connecticut.
But also, much more importantly, I want to thank all of the
workforce, the TSA employees who come to work every day under
enormous pressure and make sacrifices that we often don't
appreciate or understand. And I try to thank the TSA workers as
I go through the checkpoints, whenever I do at Bradley Airport
or at Reagan or anywhere else that I go most recently and at
JFK going abroad. But they are true heroes.
And I want to just reiterate the point that has been made
before about pay equity. It is so important that they receive
the same compensation, benefits, and treatment as other Federal
employees, because certainly they serve with the same kind of
dedication and sacrifice as others do.
And I wonder if you could just describe for us a little bit
what the impacts are of the lack of adequate pay as you talk to
TSA workers, and why it is so important for us to keep faith
with them.
Mr. Pekoske. You know, thank you, Senator, and thank you
for the opportunity to meet with you in your office. I, too,
enjoyed the conversation very much and am a proud former
resident of the State of Connecticut. My State of birth. So I
appreciate you mentioning that. And for your leadership as a
member of the Senate and prior as the Attorney General for the
State when I last lived there.
With respect to adequate pay, you know, it is absolutely
critical for us to adequately pay our workforce. I mean, I can
imagine if any of us knew that somebody is doing the very same
job that we were doing, working for this very same employer,
the Federal Government, we learned that we were making 30
percent less for doing a similarly classified position. I mean,
it is just fundamentally unfair.
It is not right. We shouldn't stand for it. And it has
significant impacts on the workforce. I mean, you know, you are
working very hard. Our transportation security officers are on
their feet for their entire shift. Many of them show up for
work at 3:30 in the morning to make sure the checkpoints open
in time for the first passengers that arrive.
And they have a job that has significant responsibility
attached to it. They cannot make a mistake in the work that
they do, because if they do, then some passenger or some
passengers' belongings might get into the sterile area of an
airport that shouldn't be there or on board an aircraft.
And so I have enormous respect for the work that our
transportation security officers do every day and also their
leadership at airports that supports them. Thank you for
mentioning Bradley International Airport.
And, you know, this job is very hard too, particularly now
when you think of the rapid resurgence, thankfully, of growth
in the aviation industry, when passengers get frustrated, and I
understand why they do, the people that they see at the
airports are going to be the transportation security officers
or the gate agents or when they get on board the aircraft, the
flight attendants.
None of those employees, no matter whether they work for an
airport, an airline, or TSA, had anything to do with why that
might have taken them longer to get where they wanted to. And
so I appreciate the workforce's endurance and their
professionalism in presenting TSA and presenting the U.S.
Government to passengers through our system.
So I would really very genuinely appreciate your and the
entire committee's support of our pay equity proposal. Thank
you.
Senator Blumenthal. Well, I intend to continue to support
S. 1856, which Senator Schatz has led, which is the Rights For
The TSA Workforce Act of 2021. And I also am supporting a bill
that Senator Markey and I have introduced that would, in
effect, return the security fees paid by consumers to the TSA.
Right now, they are diverted to other parts of our budget. Do
you believe that the monies that are collected through those
security fees ought to go to TSA to improve its operations?
Mr. Pekoske. Yes, sir. I believe that very deeply. I mean,
passengers pay $5.60 for each leg of their journey when they
buy a ticket. That money is called the aviation security
passenger fee. It should be applied for purposes that support
aviation security.
In addition to providing additional funds to achieve pay
equity within TSA, those funds will allow us to invest in the
tools that we want to provide our officers, so they have the
very best technology to do the jobs that we asked them to do.
Senator Blumenthal. Thank you so much for your testimony.
My time has expired, but my best to your immediate family and
to the entire TSA family, with thanks for all their great work.
Thanks. Thanks, Mr. Chairman.
Senator Tester. Yes, thank you. Thank you, Mr. Pekoske, for
being here today. Thank you for your service in the past. Thank
you for your service, hopefully will be in the future. You,
Senators have till Monday, July 18th, at the close of business
to provide questions for the record. You have until July 25th
to respond to them. With that, thank you, and we are adjourned.
[Whereupon, at 11:10 a.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Maria Cantwell to
David P. Pekoske
Pipeline Cybersecurity Resources. The Government Accountability
Office (GAO) has raised concerns about the staffing and resources
dedicated to TSA's pipeline cybersecurity activities. A GAO report
found that the agency only had six people working on pipeline
cybersecurity in 2018. Thankfully, you have taken efforts to address
this concern, last year TSA employed 39 people to ensure our pipeline
infrastructure remains secure. However, it is critical that increasing
your agency's cybersecurity expertise and resources remains a top
priority.
Question 1. How many cybersecurity professionals working full-time
on pipelines does TSA currently have on staff (not including employees
working in other agencies at the Department of Homeland Security)?
Answer. TSA has 51 employees currently supporting the pipeline
cybersecurity mission. Nineteen of those individuals are cybersecurity
professionals dedicated to pipeline cybersecurity efforts. TSA has
completed interviews and is in the process of hiring an additional 25
pipeline cybersecurity professionals. These positions were appropriated
in the FY22 budget. These individuals possess technical skills and
specialized experiences necessary to conduct pipeline cyber inspections
and security assessments.
Question 2. How is TSA working to improve your cybersecurity
employees' pipeline infrastructure expertise?
Answer. TSA continues to actively recruit, hire, and onboard
cybersecurity experts possessing the technical skills and specialized
experiences needed to fulfill cyber related functions that enhance the
cyber resilience of the transportation sector, maintain threat
awareness, and advance other TSA cyber related mission requirements.
To support cybersecurity hiring efforts, TSA established the
Cybersecurity Community of Practice (Cyber CoP) to streamline and
inform hiring, staffing, training, and retention practices. The Cyber
CoP will enable the cyber community to innovate and lead the agency
with Cyber infrastructure and maintaining threat awareness. As a result
of this group, the direct hire policy is being updated to include
(Transportation Security Inspector (TSI) (Cyber) SV-1801-G/H, SV-1801-
H/I, and SV-1801-I/J, and Supervisory TSI (Cyber) (STSI (Cyber), SV-
1801-J; these positions carry out TSA's missions for protecting our
Nation's pipelines.
TSA works in close coordination with key Federal partners,
including CISA, USCG, DOT, FAA, DOE and FBI to expand its cybersecurity
expertise and capacity to fulfill its role as the co-Sector Risk
Management Agency (SRMA) for the transportation sector. To this end,
TSA has applied Fiscal Year 2022 funding to provide cybersecurity
training to the entire surface operations workforce. This training will
ensure all employees across the organization have an elevated level of
understanding for cybersecurity architecture, threats and mitigation
opportunities. TSA promotes cybersecurity training, including training
related to Industrial Control Systems and through on the job training
by facilitating participation in field assessments on pipelines, and
certification under its retention program to help develop the technical
competencies for the cyber professionals hired to date. For example,
our cybersecurity team attended the Idaho National Labs for
Cybersecurity 301 training in June 2022.
Question 3. What percentage of the TSA budget is allocated for
pipeline security for pipeline cybersecurity? And does TSA have a
budgetary line item designated for pipeline cybersecurity?
Answer. TSA received $4 million in FY 2022 Appropriations for
pipeline security, which equates to 0.05 percent of TSA's total
Appropriations for the year. The FY 2023 President's Budget includes
$156.6M for Surface activities. These resources are applied across all
modes of surface transportation. In FY 2022, Congress increased TSA's
budget $4M to fund emerging pipeline cyber-security standards in
response to the Colonial pipeline security breach. The Fiscal Year (FY)
2023 Budget does not contain a line item designated for pipeline
cybersecurity.
TSA looks forward to working with Congress in FY23 for the funding
needed to strengthen pipeline cyber security in FY 2023.
Question 4. The various surface transportation modes have unique
infrastructure and operations that require expertise and knowledge in
each mode in order to appropriately ensure the physical and
cybersecurity of the Nation's critical surface transportation
infrastructure. How does the organizational structure of TSA's surface
division support TSA's mission to protect each mode? Do you believe
organizational changes need to be made to ensure each TSA has the
expertise and resources needed to keep each mode secure, especially
with regard to cybersecurity?
Answer. TSA is responsible for the operational implementation of
cybersecurity across all modes of surface transportation and has an
organizational structure that allows senior leadership to direct
surface operational oversight and engagement and leverage an efficient
reporting structure. The creation of a separate surface operations
office led by an Assistant Administrator was a change we implemented in
2018 to provide a structure needed for anticipated surface
transportation security operations. To remain agile, TSA continues to
assess the configuration of its staffing and the level of its resources
needed to meet the demands of the evolving threat and security
challenges across the transportation sector.
TSA appreciates the continued support from Congress. As the scope
of this threat grows, TSA would likely benefit from additional
resources to keep pace with the changing environment.
Pay Equity for the TSA Workforce. During the pandemic,
Transportation Security Officers (``TSOs'') were on the frontlines of
the U.S. transportation system, keeping the flying public safe and the
economy moving in a time of unprecedented crisis. However, TSOs do not
receive the same workplace rights and protections afforded to many
employees at other Federal agencies.
While Secretary Mayorkas has taken certain administrative actions
to more closely align TSOs with their General Schedule (``GS'')
colleagues at other agencies, those actions are not permanent and could
be easily reversed by a future administration. This could have
implications on the very workforce that ensures the safety and security
of our transportation systems for the foreseeable future.
Question 1. Administrator Pekoske, how does the lack of pay equity
for the TSA workforce in comparison to other Federal agencies affect
TSA's ability to recruit, retain, and ultimately provide adequate
staffing for our Nation's airports?
Answer. One of the long-standing challenges at TSA has been the pay
gap between TSA's frontline workforce and their counterparts in the
rest of the Federal government. The lack of equitable compensation in
this area, compounded by years of insufficient pay progression, has
continued to impede TSA's ability to meet mission requirements in the
recruitment and retention of employees and negatively impacted employee
morale.
Further, TSA continues to have a significant hiring need for the
screening workforce to support projected passenger volume levels for
Fiscal Year 2023 and beyond. This remains the case in this challenging
labor market despite the use of our current pay strategy initiatives
that have been strongly supported by the Congress--TSO Service Pay,
Model Officer Recognition, and TSO Career Progression--as well as
nation-wide Recruitment and targeted Retention Incentives.
Appropriately compensating TSA employees is a critical step in placing
TSA in a position for long-term success, as the current compensation
system has made recruiting increasingly difficult and results in
relatively high attrition rates, particularly for TSOs.
Question 2. If this funding was redirected specifically to TSA,
would that funding be used to accomplish pay equity for TSOs?
Answer. Funding provided would be directed to accomplish pay equity
for TSA employees. While pay equity is the prevalent concern for TSA's
screening operations personnel, this is an agency-wide issue. Funding
this initiative will ensure all TSA employees are not paid less than
other Federal government counterparts on the General Schedule.
In addition to the FY23 budget request for pay equity, the
Administration has submitted a legislative proposal to end the
diversion of Aviation Security Passenger Fee revenues to deficit
reduction that was required in the 2013 Balanced Budget Agreement. This
fee diversion will amount to approximately $1.52B in FY23.
Question 3. Aside from the TSA's legislative proposal and the
Funding for Aviation Screeners and Threat Elimination Restoration
(``FASTER'') Act before the Committee, are there any alternative
options to help fund pay equity for the TSA workforce, and what is
TSA's view about these alternatives?
Answer. There are no other proposed alternatives at this time if
funds are not separately identified by appropriators. Pay equity is an
important initiative that cannot be funded under current agency
resources, but remains TSA's priority.
The House Appropriations Committee, in their mark on the FY23
Appropriations Bill did fund the President's pay equity request for 2
quarters (vice the 3 quarters in the request). They used FY23
allocations to offset the cost in FY23 rather than re-directed Aviation
Security Passenger Fee revenues.
TSA Staffing at Airports. The U.S. is in the midst of a strong air
travel rebound, as passengers take to the skies to visit the friends
and family they were unable to see earlier in the pandemic. During the
July 4 holiday weekend, the U.S. reached 98 percent of pre-pandemic
passenger volumes for major airlines and set new record on Friday, July
1 with 2.49 million passengers passing through TSA checkpoints. We have
seen problems, however, with scores of cancellations and delays as
airlines try to adjust their workforce to meet demand.
For example, over Memorial Day weekend, approximately 21,000
flights were cancelled or delayed. The airlines must do better, and I'm
pleased that Secretary Buttigieg is taking action to ensure that the
carriers are held accountable to their customers.
But airlines are not the only part of this issue as airports and
the TSA also play an important role in ensuring a smooth travel
experience. Just as passenger volumes have roared back, in June, 68
million travelers passed through TSA checkpoints. It is crucial that we
have sufficient TSA staffing and efficient screening technologies so
that security checkpoints aren't bottlenecked as people try to reach
their gates. More importantly, there are legitimate security risks
associated with long wait times and crowded checkpoints.
There is work to do in terms of getting enough TSA officers hired,
trained, and ready to screen passengers. Nationally, as of June 4,
2022, TSA was short nearly 4,500 Transportation Security Officers and
Managers. TSA only had 47,971 of the 52,400 workers planned for this
summer.
Question 1. What are TSA's plans to address the staffing shortfalls
at airports across the country?
Answer. Pay equity is critical in ensuring TSA can recruit and
retain talent in Fiscal Year (FY) 2023 and beyond. We have found the
potential for pay equity to be appropriated in FY 2023 is serving as a
recruiting and retention incentive in FY 2022. TSA is also taking the
following actions to address ongoing staffing shortfalls at airports:
Hosting TSO Hiring Events (e.g.,'' Fast Track'' events) to
assist candidates with applying and completing multiple steps
in the hiring process on the same day. Currently, TSA hosts on
average 12 TSO hiring events per month, primarily at either
large or priority designated airports.
Expanding advertising for job opening announcements and
``Fast Track'' hiring events by exploring new means of
traditional and non-traditional/digital/social media sources
for advertising.
Offering competitive financial recruitment incentives to
candidates on-boarding at designated priority processing
airports (based on shortfall staffing figures) and at
historically ``hard to hire'' airports (often remote
locations). These include recruitment incentives ranging from
$1,000-$5,000 to support TSO hiring nationwide and retention
incentives at over 100 airports across the country which
provide a significant addition to TSO salaries at our hardest
to staff locations.
Leveraging internal Agency volunteers to conduct outreach to
TSO candidates to encourage/assist them with taking action to
move forward in the hiring process (e.g., scheduling computer
based tests, completing their Standard Form 86 National
Security Questionnaire, scheduling medical exams).
Conducting an in-depth review of the TSO candidate
assessment process to determine if any of the steps in the
process could be eliminated or further streamlined in order to
shorten the time to hire process, thereby enhancing TSA as a
competitor to private sector employers in the job market.
Question 2. How do TSA staffing models account for unanticipated
bottlenecks at security checkpoints and changes to schedules? Is TSA
looking to speed up Credential Authentication Technology (``CAT'') and
Computed Tomography (``CT'') systems implementation at airports
experiencing staffing shortages and screening delays, including small
hub and nonhub airports?
Answer. TSA's staffing models assume a distribution of passenger
arrival based on historical averages. These averages capture the
regular variability that occurs with typical flight delays and
cancellations. To account for extreme situations beyond regular
averages, TSA allocates overtime funding to airports, as well as plans
for the increase in part time hours as needed. These two ``relief
valves'' enable TSA to plan and manage unanticipated flight changes
while keeping to an efficient scheduling of the workforce. These
situations occur more frequently during summer peak travel and winter
holiday travel periods. As a result, TSA provides increased overtime
funding for these periods compared to the other periods of the year.
TSA aims to accelerate technology implementation across airports
nationwide. To that end, the Agency provided Full Operational
Capability (FOC) acceleration plans to Congress as required in the
Fiscal Year (FY) 2022 Appropriation for Credential Authentication
Technology (CAT) and Computed Tomography (CT) technology. TSA based
these plans on year over year resource requirements, assumptions, and
operational constraints to fully field the capabilities as quickly as
possible while minimizing operational impacts. At current funding
levels, FOC will be achieved in FY 2049 (CAT) and FY 2036 (CPSS) in
accordance with the Agency's FY 2022 Capital Investment Plan (CIP) and
aims to provide the FY 2023 CIP soon. While the initial benefit with
each technology is focused on significantly enhancing security, future
increments to each technology is expected to facilitate related
efficiencies and passenger experience improvements.
TSA Federal Flight Deck Officers. The Federal Flight Deck Officers
(``FFDO'') program allows TSA to deputize qualified volunteer pilots
and flight crewmembers as law enforcement officers to defend the flight
deck on aircraft against security threats.
I understand TSA halted initial training for FFDOs during the
pandemic, and the program has had subsequent funding shortfalls. There
is now a backlog of 2,800-plus candidates.
The FAA Reauthorization Act of 2018 was intended to create stand-
alone facilities in both Atlanta, Georgia, and the West Coast--neither
of which exist today. Congress already appropriated funding for the
Atlanta facility; however, TSA has not established a full-time training
facility.
Question 1. What is the reason for the current backlog of
applicants, and what has been done by TSA to get initial training
restarted to help clear the backlog?
Answer. The FFDO program is important to inflight security and we
appreciate the volunteer flight deck officers who participate in the
program and the support of the air carriers. The Federal Law
Enforcement Training Center (FLETC) in Artesia halted Initial Training
for FFDO candidates from March 2020 through July 2021due to the
pandemic. TSA was able to conduct FFDO Initial Training during the
period of July through September 2021. In May 2022, TSA was able to
repurpose funding to support a limited amount of FFDO Initial Training
in Fiscal Year (FY) 2022 and 2023. Currently, TSA has seven FFDO
Initial Training classes planned for the remainder of Fiscal Year 2022.
The first class commenced July 17, 2022. Each of the seven classes are
booked to capacity, 36 students per class, through September 23, 2022.
Approximately, ten FFDO Initial Training classes are planned for FY
2023.
Question 2. Do you commit to establishing full-time training
facilities for FFDOs as authorized by the FAA Reauthorization Act of
2018?
Answer. TSA is committed to establishing full-time training
facilities for FFDO recurrent training. Currently, TSA offers recurrent
training in Atlanta, Atlantic City and Dallas. Atlantic City and Dallas
training sites offer two classes per week with 24 training seats per
class. Atlanta offers one class per week with 12 training seats. TSA
plans to increase the availability of recurrent training classes in
Atlanta in future years.
Cybersecurity Standards for Airlines. TSA, the Cybersecurity and
Infrastructure Security Agency (``CISA''), and DHS remain focused on
cybersecurity, particularly for critical infrastructure. Russia's
invasion of Ukraine has heightened concerns about cybersecurity threats
and has expedited the development of new cybersecurity regulations.
TSA's first phase of cybersecurity requirements for air carriers
went into effect in January 2022 and requires cyber incident reporting
to CISA. The second phase, which will require a vulnerability self-
assessment and recovery plan, is expected to be issued in June 2022.
TSA now seems to be moving toward a third phase of prescriptive
cybersecurity standards for airlines, similar to what pipelines are
already subject to.
Question 1. How does the cybersecurity risk profile for airlines
compare to the risk profile for pipelines, which already have a set of
cybersecurity standards in place?
Answer. The cyber risk for aviation has increased to the point
where we will develop cybersecurity requirements for airlines and
airports that will be similar to those in place for pipelines through
our July 21, 2022 directive. This directive takes a performance-based
approach to regulation in establishing security outcomes that need to
be achieved.
Owner/operators submit implementation plans to TSA for approval,
establishing how they will achieve the outcomes and audit their
performance. TSA's pipeline requirements primarily focus on protecting
pipeline operational technology (OT) systems from cyberattack, and
ensuring security measures are in place on information technology (IT)
systems that could be used as avenues to attack OT systems. Airlines
similarly have both IT and OT systems that could be at risk of cyber-
attacks. For example, in addition to systems that run flight
operations, airline IT systems manage their reservations, scheduling,
and staffing. Consequently, any disruption to both IT and OT systems
can impact the airline's ability to maintain flight operations carrying
passengers between domestic and international airports
Airports too have IT and OT systems. Airport IT systems would
include general network systems for computer based applications such as
e-mail and data storage. OT systems would include heating, ventilation,
and air conditioning, fire control systems, and access control systems.
Disruption of these systems would impact the airport operations and the
flight operations.
Question 2. Do you believe that these pipeline standards are an
appropriate model for airline standards, or should TSA tailor the
airline standards to a different model?
Answer. Our new approach to cybersecurity regulations is to base
them on achieving performance-based outcomes. We issued our first
security directive using this approach in our July 21, 2022, directive
to critical pipeline owners and operators. Copies of this directive
were provided to the Chair and Ranking Member of the Commerce, Science
and Transportation Committee and a copy is attached to this response.
This approach, applied more broadly, will allow us to achieve the
desired cybersecurity resiliency across the different sub-sectors of
the transportation sector (e.g., airlines, airports, pipelines, rail,
transit, etc.) using a similar template, tailored for that sub-sector.
Our directives are also linked to the National Institute for Standards
and Technology Risk Management Framework and CISA guidance that applies
across modes of transportation in providing a basis for critical
controls. TSA is incorporating our experience in enhancing the
cybersecurity posture of the pipeline industry into cyber policies for
the other sectors, recognizing that there are unique operational
differences that must be accommodated.
TSA Exit Lane Staffing. With respect to exit lane staffing, the FY
2023 budget request once again proposes to shift the cost and
responsibility of exit lane staffing to airports. In the budget
request, TSA explains that this would save the agency $94.1 million and
permit it to redeploy 1,285 TSO positions at 222 exit lanes at 109
airports to address other activities, like passenger and baggage
screening.
TSA asserts that monitoring the exit lanes is a not screening
function but instead considered an access control issue. Small hub and
nonhub airports are concerned about this proposal as it represents a
major policy and operations change. These airports are concerned about
severe cost implications, which would have to be recovered through
increased airline rates and charges and could lead to possible
reductions in air service to smaller communities.
Question. How has TSA worked with airports in the past to integrate
exit lane security into airport perimeter security plans and assess the
effectiveness of those plans? Has TSA identified financial resources to
assist airports in procuring the facility modifications and equipment
purchases necessary to implement =exit lane control and oversight?
Answer. Through Federal Security Directors on site, TSA works with
airports to assess the effectiveness of the desired exit lane security
and its integration in security processes/procedures within the Airport
Security Program (ASP), as appropriate. TSA also conducts recurring
assessments of exit lane security requirements to ensure compliance
with established ASP requirements at that airport.
TSA leverages its existing relationships with technology experts
and vendors to analyze the benefits of installing exit lane
technologies at airports to safeguard the traveling public. TSA does
not currently qualify, procure, or maintain exit lane technologies but
instead provides a set of web-based, self-guided tools for airport use
in identifying exit lane access control technologies and evaluating
installed exit lane technology systems.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
David P. Pekoske
Cybersecurity. Following the President's Executive Order on
Improving Critical Infrastructure Cybersecurity, we have seen the
Transportation Security Administration (TSA), in partnership with the
Cybersecurity and Infrastructure Security Agency (CISA) at the
Department of Homeland Security, to issue mandatory reporting
requirements, vulnerability assessments and propose changes to existing
security programs.
Question 1. What are the lessons learned from the pipeline and rail
industry whose security directives? How does TSA plan to apply these
lessons to other modes of transportation, such as aviation?
Answer. TSA has learned some valuable lessons from this experience.
For instance, we recognize that engaging and collaborating with
industry prior to issuing directives increases longer term, sustainable
measures that mitigate the threat. We have modified our approach by
applying a performance based regulatory development process. This shift
allows for industry flexibility in implementing TSA security measures
after robust engagement during the policy development process. On July
21, 2022 we issued a revised Security Directive to oil and natural gas
pipeline owners and operators that reflects extensive collaboration and
a performance-based approach to cybersecurity regulations. This will
improve security and provide industry stakeholders the ability to
tailor activities to achieve needed security outcomes.
Through early engagement and collaboration, TSA can better
understand industry systems and challenges owners and operators face in
implementing enhanced cybersecurity measures. Also, TSA learned it is
critical to incorporate flexibility in the requirements so owners and
operators can most efficiently achieve security outcomes. This process
also allows stakeholders more time to plan for cybersecurity-related
capital investments and make security enhancements.
Question 2. Does TSA have the necessary professionals it needs to
create effective cybersecurity regulations across different modes of
transportation?
Answer. As Administrator, I have sought to grow our cyber talent in
order to keep pace with an ever evolving cyber threat. The men and
women of TSA who contribute to TSA's cyber mission are doing exemplary
work, but like many agencies that have a cybersecurity mission, our
staffing and resources level are not where I feel they need to be. As
cyber threats to the transportation sector continue to evolve, TSA must
build capacity -increase staff, expand expertise and support new
capabilities--to effectively mitigate risks. These efforts are
currently underway and will continue, including hiring additional
employees and contractors to: support the implementation of
cybersecurity directives and security program amendments, conduct
inspections and risk assessments, provide facilitated exercises and
trainings, deliver threat intelligence briefings, provide legal
support, and support the acquisition of necessary technology and tools
in order to keep up with the pace of the evolving cyber threat
environment.
Thank you for the Congressional support of our cybersecurity
resourcing requirements in Fiscal Year (FY) 2022.
We look forward to working with Congress in FY 2023 for the
additional resources needed to strengthen our Nation's cyber
regulations and compliance.
TSA Staffing and Wait Times. Air travel is making a strong rebound
with 73 percent of Americans planning summer travel this year. New data
from TSA shows that nearly 9 million people traveled over the Fourth of
July weekend--98 percent of pre-pandemic passenger volumes for major
airlines. And in June, alone, 68 million travelers passed through TSA
checkpoints. However, as of June 4, TSA staffing levels were short
nearly 4,500 positions.
Question. What airports are facing higher wait times and what do
you believe are the root causes?
Answer. In June 2022, 94.4 percent of TSA PreCheck passengers
waited less than 5 minutes and about 87.7 percent of passengers in
standard screening lanes waited less than 15 minutes. From July 1-16,
2022, which includes the Independence Day holiday weekend, 95.5 percent
of TSA PreCheck passengers waited less than 5 minutes and about 89.7
percent of passengers in standard screening lanes waited less than 15
minutes. For the small percent that are longer, the majority of wait
times are caused by three main reasons:
1. Capacity constraints due to airport construction and checkpoint
space limitations;
2. Screening equipment issues due to equipment failures and
installation of new equipment; and
3. Transportation Security Officer retention, recruitment, and
hiring challenges as well as illness resulting from continued
COVID-19 pandemic outbreaks have limited staffing levels in
some locations.
I testified at the hearing about the request for pay equity for TSA
employees in the President's FY23 Budget Request. It is critical that
we close the pay gaps that exist throughout the TSA workforce including
an average 30 percent gap for Transportation Security Officers and a 20
percent gap for Federal Air Marshals. Providing equitable pay is
absolutely the right thing to do because it is fair. It will
undoubtedly improve our ability to recruit new talent as well as retain
the experienced professionals needed in the future. I also recognize
the outstanding work, professionalism and long hours our TSA team has
devoted to ensuring the safety and security of more than 2 million
passengers who receive screening each day in the United States. And
alongside them, I note the exceptional work being done on behalf of
travelers by airline and airport employees.
______
Response to Written Questions Submitted by Hon. Tammy Duckworth to
David P. Pekoske
Treatment of Travelers with Disabilities. One in four U.S. adults
has a disability, according to the Center for Disease Control and
Prevention and to understand various disabilities requires
comprehensive training and repeated training. For many people with
disabilities anxiety, dread, humiliation and even potential injury are
part of the routine of airline travel from getting to the airport gate
to getting on and off the plane. Through the 2018 FAA Reauthorization
Act, Congress directed airlines and TSA to make flying better for
people with disabilities and demanded more training, better and faster
service and taking better care of equipment, such as wheelchairs.
Ultimately, TSA extended all training of newly hired TSA agents from
two weeks to three weeks, which included five hours of training on
screening people with disabilities and medical conditions. However,
four years later, passengers report problems keep occurring as a result
of agents not following the training. The Department of Transportation
appointed Kelly Buckland, a former President and Executive Director of
the National Council on Independent Living to serve as Disability
Advisor in the Office of the Assistant Secretary on Policy.
Question. Will you take a similar approach and commit to appointing
an employee at TSA to report to you directly and advise you on the
real, day to day experience concerning passengers with disabilities?
Answer. Yes. I think there could be immense value in creating a
direct report position that provides input on disability matters and
accessibility issues. I am committed to improving the passenger
experience for passengers with disability and I will speak with my
colleagues at the Department of Transportation given their recent
action on this front. I greatly appreciate that you raised this
recommendation to me when we met in your office and pledge to report
back to you after consulting with TSA and my interagency colleagues.
Currently, to address complaint trends for passengers with
disabilities and those that require special assistance, the TSA Civil
Rights & Liberties, Ombudsman and Traveler Engagement (CRL/OTE) office
collaborates with TSA's Security Operations office, Requirements and
Capabilities Analysis office, as well as its Training and Development
office, to update training materials and distribute them to the
screening workforce. We also engage with the Disability and Medical
Conditions Coalition organizations that includes an estimated 400
national, regional, and local community-based organizations and
advocacy groups to assist in the development of training.
TSA Workforce Development Pilot Program. According to a 2019 Office
of Inspector General report, TSA needs to improve efforts to retain,
hire, and train its personnel. As we discussed when you recently
visited my office, the challenges faced by TSA may present an
opportunity for a partnership with community colleges to help educate
the next generation of transportation security workers. TSA could
assist with creating a curriculum specifically designed to attract and
inspire students for future TSA employment.
Question. Does TSA have the authority and funding necessary to
develop partnerships with community colleges to help meet TSA's diverse
workforce needs? If not, will you commit to working with me on
legislation to create a pilot program in which TSA would partner with
community colleges to train students for careers at TSA?
Answer. Yes, TSA has the authority and funding necessary. For
example, TSA partners with the Des Moines Area Community College to
provide all TSA employees the opportunity to earn a Certificate of
Achievement in Homeland Security. Through this arrangement, students
can also earn nine college credits that can be added to the student's
continued pursuit of an Associate's or other degree, either in homeland
security or in any other field.
In another program, the TSA Associates Program offers at no cost to
TSA Employees, three courses online (and outside of work hours):
Introduction to Homeland Security
Intelligence Analysis and Security Management
Transportation and Border Security
Since the Associates Program began in 2017, 5,459 TSA employees
participated in the Program with 1,187 employees completing the Program
to earn a Certificate in Homeland Security. TSA is considering an
expansion of the current program based on available resources next
Fiscal Year.
Additionally, TSA offers a program for Government Reimbursement for
Academic Degrees (GRAD), where tuition assistance is granted to
reimburse eligible TSA employees up to $5,000 per calendar year for the
cost of covered education (not including expenses for books, technology
and lab fees, and travel and parking). Education must be provided by an
accredited institution towards an associates, bachelors, masters, or
doctorate degree. To date 770 reimbursement requests have been
submitted totaling $1.24 million reimbursed to students.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
David P. Pekoske
Airport Exit Lane Responsibility. As part of the Transportation
Security Administration's budget request for Fiscal Year 2023, you
propose to fully transition control of airport exit lanes to airports
with local police primarily responsible for securing those lanes.
Officials at Phoenix Sky Harbor International Airport report that this
action will cost the airport approximately $2 million per year.
Question. Can you explain the rationale for fully transitioning
this exit lane responsibility to airports? For airports that may
struggle to fund this new security requirement, are there any resources
TSA can provide?
Answer. The Fiscal Year (FY) 2023 Budget proposes transitioning
access control at exit lanes at 109 of our approximately 430
federalized airports to the airport owner/operator. This will result in
a savings of $94.1M and 1,090 FTE. Staffing exit lanes is not a
screening function, but rather falls under the purview of access
control. In 2014, the Bipartisan Budget Act required TSA to continue
its responsibilities for those exit lanes that were staffed by TSA as
of December 1, 2013. On May 2, 2022, the Administration provided to
Congress a legislative proposal in support of the FY 2023 Budget that
would transition the responsibility from TSA to airport operators. TSA
will work with airports to integrate exit lane security into their
perimeter security plans and assess those plans regularly. Implementing
this proposal will enable TSA to focus its resources on screening
functions and risk-based security measures, properly utilizing the
sophisticated, technical skillset of Transportation Security Officers.
TSA leverages its existing relationships with technology experts
and vendors to analyze the benefits of installing exit lane
technologies at airports to safeguard the traveling public. TSA does
not currently qualify, procure, or maintain exit lane technologies but
instead provides a set of web-based, self-guided tools for airport use
in identifying exit lane access control technologies and evaluating
installed exit lane technology systems.
______
Response to Written Questions Submitted by Hon. John Hickenlooper to
David P. Pekoske
Security Equipment in the Checkpoint Property Screening System
(CPSS). Currently there is only one company with security equipment
certified under the Checkpoint Property Screening System (CPSS), and
the equipment is manufactured abroad. There are other vendors seeking
to manufacture equipment in the United States and increase available
equipment and competition. I understand the TSA is reviewing
procurement requests to certify equipment from vendors under the
Checkpoint Property Screening System (CPSS).
Question. Administrator Pekoske, do you commit to having the TSA
continue timely and sufficient review for security equipment pending
certification approval? Can you provide an update on the status for the
TSA to certify other equipment, including Scarabee's application, and
an estimated date of final review for certification?
Answer. Yes, I am committed to trying to increase competition and
expand the availability of such equipment while at the same time close
a security vulnerability as quickly as possible. As of July 20, 2022,
TSA has qualified four systems between two vendors and continues to
work with 15 additional certified vendor submissions as part of a
robust and fair solicitation with annual competitive procurements. TSA
will adhere to all deadlines identified in the event-driven competitive
process. Vendor system qualification dates are predicated on successful
demonstration of meeting agency requirements as outlined in the
solicitation.
TSA Staffing, Resources, and Wait Times. Denver International
Airport (DEN) continues to see increased passenger growth with the
rebound of air travel and was the third-busiest airport in passenger
traffic last year. We appreciate the partnership of TSA at DEN,
especially during the month of July as the airport hits peak travel
season.
Question. Administrator Pekoske, can you describe TSA's long-term
strategy to ensure appropriate staffing and resources for airport
security at DEN?
Answer. We appreciate the long-standing strong partnership we have
with the staff at DEN. TSA has taken several immediate measures to
ensure appropriate staffing and resources are available for airport
security at DEN. First, we have implemented an aggressive recruitment
and retention plan for employees with several financial incentives in
place for new and existing employees. DEN is also part of a nationwide
pilot program approved to hire Security Support Assistants (SSAs) to
perform non-screening functions, such as divestiture, and provide
logistical support within the checkpoint. TSA provides SSAs with the
opportunity to convert non-competitively to Transportation Security
Officers (TSO) to increase our staffing levels for certified positions.
Several SSAs have already converted to TSOs at DEN.
TSA is committed to ensuring DEN has the staffing needed to support
operations through the summer travel season. TSA constantly shifts
voluntary resources, through the use of the National Deployment Force
(NDF), to support events and staffing limitations across the country.
The NDF is comprised of approximately 1,000 volunteer TSOs from
airports across the country who deploy to other airports close staffing
shortages. A team of 57 NDF officers have been assigned to support DEN
throughout the summer. For the busy July 4th holiday travel period, TSA
temporarily increased NDF support to 72 officers.
To maximize the use of the officers already present at DEN, dual-
function officers previously used for baggage are now regularly
scheduled to work on the checkpoint. In addition, baggage-only officers
are trained in a few checkpoint specific positions to create more
flexibility when moving the necessary resources to the checkpoint.
Additionally, TSA will continue to use our canine assets at DEN to
conduct screening at the checkpoint during peak travel times. There are
currently 16 teams allocated to DEN.
Finally, DEN is in the midst of a major construction project, which
has limited checkpoint capacity. We believe that this capacity
constraint will be alleviated when the construction is completed in
2024.
From a longer term and broader agency perspective, I believe
ensuring TSA's personnel are paid at a level commensurate with other
Federal employees is critically important. Through support of the
President's FY2023 budget proposal to provide pay equity for TSA
personnel, longstanding recruitment and retention challenges that
impact morale, staffing, and performance will be alleviated.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
David P. Pekoske
Airport Technology and Security. As you know, Georgia is home to
Hartsfield-Jackson Atlanta International Airport--the busiest airport
in the world. With tens of millions of passengers traveling through the
airport every year, the close partnership between the airport and the
Transportation Security Administration (TSA) has been critical to
ensuring the safety and security of airport and airline workers and air
passengers making their way from security checkpoints to their gates.
As the Atlanta airport and others throughout Georgia recover
economically and reach pre-pandemic levels, surges in air passenger
volumes are straining TSA's and the airports' capacity to safely and
efficiently facilitate passenger movement.
Question 1. If confirmed to continue serving as TSA Administrator,
what specific steps will you take to improve airports' abilities to
meet the increased demand and securely process passengers through
checkpoints with greater efficiency?
Answer. Within the first year of my five-year term as
Administrator, I issued the 2018-2026 TSA Strategy and established
three strategic priorities to guide the agency's workforce through its
25th Anniversary in 2026: Improve Security and Safeguard the
Transportation System; Accelerate Action; and Commit to Our People. If
confirmed for a second term, I will ensure TSA continues to accelerate
technology implementation across airports nationwide.
To that end, the Agency provided acceleration plans for Credential
Authentication Technology and Computed Tomography technology. These
plans include year over year resource requirements, assumptions and
operational constraints to fully field the capabilities as quickly as
possible while minimizing operational impacts. While the initial
benefit with each technology is focused on significantly enhancing
security, future increments to each technology will facilitate related
efficiencies and passenger experience improvements.
TSA is making robust investments across the checkpoint screening
experience to ensure continued improvement in screening performance and
meet the increased demand. For instance, at the very first point of
screening, the Travel Document Checker (TDC), TSA is focused on
automation to allow for improved efficiency and higher confidence in
the identity verification process. These efforts include working with
industry partners and states on digital IDs so a passenger no longer
needs to present a physical ID. Additionally, TSA is investigating
expansions in the biometric facial recognition space to provide trusted
passengers a completely touchless experience.
With regard to on-person screening, TSA is prioritizing short-term
and long-term solutions to provide enhanced detection and support
increased throughput. One solution is the Low Probability of False
Alarm (Pfa) Algorithm. This algorithm will play a critical role in
increasing Advanced Imaging Technology (AIT) utilization rates by
increasing the probability of detection while reducing false alarm
rates by 50 percent. Lowering false alarms will reduce the need for the
TSO to conduct a pat down, minimize the time passengers spend at
screening and improve the passenger experience. TSA is also currently
developing High Definition Advanced Imaging Technology (HD-AIT) which
combines software (enhanced algorithms) and hardware (wideband kit
technology) enhancements for the current AIT fleet. This effort will
effectively extend the life of the current fleet while enhancing
detection performance. We are also investing in Next-Generation
technologies to further reduce divesture requirements, facilitate
screening passengers in motion, and replace the Walk-Through Metal
Detectors. These efforts will all play a critical role in continuously
improving throughput to reduce checkpoint bottlenecks and enhance
detection.
With regard to alarm resolution, TSA is conducting R&D for
enhancing countermeasures, focusing on resolution technology to support
ongoing Computed Tomography (CT) deployment in Accessible Property
Screening (APS). Future Alarm Resolution solutions will close the
threat detection capability gap by identifying more materials and
resolving more complex alarms generated by CT. The goal is to quickly
and efficiently resolve alarms on a wider variety of common container
types, and confiscate fewer benign items from passengers. New
resolution technology will allow TSOs to resolve alarms with less
invasive methods, particularly on sensitive passenger items such as
breast milk bottle/pouches and other medically-exempt liquids. These
new technologies are projected to decrease the time needed to resolve
alarms, which increases passenger checkpoint throughput and supports
TSA meet increasing air travel demands.
With regard to accessible property screening, TSA is working to
further improve detection algorithms to both reduce the burden on the
TSO to review images from every bag and divesture requirements on the
traveling public. This includes the development of algorithms that
detect non-explosives prohibited items (i.e., guns, knives, etc.).
Efforts are also underway to look at ways to increase the utilization
of the checkpoint CT by allowing multiple TSOs to review images from
the same checkpoint CT. These approaches present opportunities to not
only improve detection performance but also to gain staffing
efficiencies and improve the passenger experience.
Beyond technology investments, TSA applies a continuous process
improvement approach to assess how TSA conducts the checkpoint
screening process and ensure screening is conducted in a way that
supports optimal detection, throughput, and passenger experience. These
assessments help identify immediate ``quick wins'' and best practices
that are implemented agency wide. Additionally, these assessments help
inform technology partners on potential modification to improve overall
performance of the checkpoint.
We have very strong partnerships with the ATL airport leadership
and the carriers who operate out of ATL. These partnerships have
allowed us to ensure passengers have a safe, secure and positive travel
experience at our busiest airport and will ensure our continued success
in meeting the demands of increased passenger travel over the coming
years.
Question 2. What programs and strategies does TSA have in place to
use the $8.5 billion provided to the agency in the Fiscal Year 2022
omnibus to improve security at airports, recruit and train
transportation security officers, and disseminate new security
technologies to airports as efficiently as possible?
Answer. TSA has a robust training program, aimed at both
effectively equipping its workforce with the practical skills to
effectively perform TSA's security mission, as well as providing
opportunities for professional growth and development. In Fiscal Year
2022, TSA training focused on the following priorities:
Enhance training programs by including lessons tailored
specifically to the concept of the DHS Professional--Public
Service Ethos. Elevate awareness of the guiding principles of
public service and professionalism by incorporating additional
content to highlight TSA's mission, values, and culture.
Continue to improve capacity, access, and flexibility for
the agency's training programs while identifying efficiencies
through streamlined resources and next generation training
capabilities.
Provide employees with the tools necessary to perform their
jobs safely and effectively through additional training
opportunities.
Continue to expand academic and leadership development
opportunities for TSA employees to encourage professional
growth and broaden and diversify the leadership cadre for the
agency.
Approximately $900M of the Agency's budget is dedicated to the
demonstration, development, procurement, deployment, and sustainment of
both existing and next generation security technology across all
federalized airports. Significant technology programs include, but are
not limited to: Computed Tomography, Electronic Baggage Screening
Program, Credential Authentication Technology and Advanced Imaging
Technology.
Cybersecurity. In May 2021, Georgians experienced firsthand the
damage that cyber threats can cause after a criminal hacking group
launched a ransomware attack on the Colonial Pipeline. This incident
was the biggest cyberattack ever on the Nation's energy infrastructure
and left far too many Georgians without gas for weeks. Shortly after,
President Biden signed an executive order to support our Nation's
cybersecurity and protect the critical infrastructure, which placed TSA
at the center of security directives for the transportation sector,
including energy pipelines, aviation, and rail roads.
Question 1. What actions did TSA take under your leadership as
Administrator to carry out the executive order, reinforce cybersecurity
of critical infrastructure, and prevent an event like the Colonial
Pipeline cyberattack from happening again?
Answer. TSA's regulatory authorities, provided by Congress, were
critical to the agency's ability to respond to the Colonial Pipeline
cyberattack and quickly establish key measures to prevent similar
incidents from impacting critical infrastructure owners, operators, and
the citizens that rely on them each day. TSA has taken a number of
actions to improve cybersecurity measures and promote a more secure,
resilient transportation sector.
Specifically, TSA has required critical pipeline owners/operators
to report all cybersecurity incidents to the Cybersecurity and
Infrastructure Security Agency (CISA), identify a Cybersecurity
Coordinator, and submit a report on their cybersecurity vulnerabilities
to TSA. Similar requirements have been placed on higher risk passenger
rail systems, including mass transit systems.
Over the last year, TSA collaborated and engaged with industry to
evolve this process into an iterative, outcome-focused approach by
establishing flexible performance-based requirements.
To that end, TSA held a series of technical roundtables with
industry experts to explore their challenges and existing gaps in
cybersecurity resilience, and used the information gathered through
those important engagements to re-evaluate and refine our cybersecurity
regulations.
Beyond the pipeline sector, TSA issued additional aviation security
program requirements for our largest airports and air carriers based on
risk and size of operation. Similar to pipeline requirements, these
entities are required to conduct cybersecurity self-assessments, remedy
vulnerabilities, and develop cybersecurity incident response plans.
Similar recommendations are being developed to share with smaller
airports and air carriers to ensure the resilience of the aviation
sector writ large to cybersecurity attacks.
Question 2. What challenges has TSA faced in working with pipeline,
rail, aviation, and other industries to develop security directives and
ensure compliance with Federal cybersecurity regulations and policies?
What is TSA doing to overcome these challenges? How can Congress assist
TSA in addressing these challenges?
Answer. TSA has historically enhanced surface transportation
security generally through cooperative and voluntary efforts with the
industry to achieve our common goals. The transition to a regulatory
environment does present challenges but the foundation of coordination
and collaboration, and the professional relationships that underpin
them, with transportation stakeholders has eased the transition for
surface transportation.
Additionally, TSA has heard the feedback from industry on the
economic impact of the current security directive (SD) requirements for
owner/operators to have the capital and time to make the security
enhancements. To address this, TSA has increased its industry outreach
to create a common understanding of risk and hosted a number of
classified threat briefings for stakeholders. TSA continues to learn
from the SD pipeline cyber experience, and has improved its processes
and approach for enhancing and applying pipeline cybersecurity
standards. As part of these efforts, TSA has hosted multiple listening
sessions to gain a better appreciation for the industry's concerns and
challenges in implementing enhanced cybersecurity measures. On July 21,
2022, TSA announced a revised pipeline cybersecurity directive that was
built upon the extensive feedback and input from industry gained from
listening sessions and other outreach activities.
In aviation, TSA has a lengthy history of regulatory requirements
imposed to enhance aviation security. These requirements are issued in
an environment that enjoys a strong relationship and established record
for working with the aviation industry. Under TSA's aviation
regulations, we manage about a dozen aviation security programs that
apply to the aviation industry. Through the Aviation Security Advisory
Committee and Aviation Cyber Initiative (ACI), TSA continues to provide
outreach to the aviation sector to include specific training
initiatives directed at airports. TSA is leveraging its relationship
with aviation stakeholders to strengthen cyber protections by
incorporating policies into their applicable aviation security
programs. The policies will cover a wide range of requirements to
protect systems than can disrupt both an airline's ability to operate
and a passenger's ability to travel.
Question 3. Does TSA have the resources, funding, and expertise it
needs to effectively support Federal cybersecurity efforts and meet the
responsibility of protecting the cybersecurity of critical
infrastructure?
Answer. TSA anticipates cyber risks to evolve and cybersecurity
threats to the transportation systems sector to increase over the next
10 years. TSA would benefit from continued congressional support
contained in the annual President's budget request to build capacity--
increasing staff, expertise and programs--to effectively support
Federal cybersecurity efforts and mitigate risks to the transportation
system sector. Such needs may include hiring additional employees and
contractors to support cybersecurity directives and security program
amendments, conduct inspections and risk assessments, and provide
facilitated exercises, trainings, threat intelligence, and legal
support. Further, acquisition of the technology and tools needed to
improve the quality of inspections and automate the process in order to
keep up with the pace of the evolving cyber threat environment may be
needed.
We look forward to working with Congress in Fiscal Year 2023 for
the additional resources needed to strengthen our Nation's cyber
regulations and compliance.
Question 4. From your experience during the Colonial Pipeline
attack, what do you believe is the most important way Congress can
improve the executive branch's ability to coordinate and respond to
large-scale cyber attacks on critical infrastructure?
Answer. TSA's current authorities are sufficient, and in many ways
a model, to coordinate and respond to large-scale cyber-attacks on the
Nation's critical infrastructure sector. I appreciate current and
continued Congressional budgetary support to execute this mission. The
ability to recruit, hire, and retain a highly skilled, workforce to
prevent and if necessary, address and respond to large-scale cyber-
attacks on critical infrastructure will best position TSA to mitigate
the risk of this evolving threat and continue to build resiliency in
the critical transportation sector.
______
Response to Written Question Submitted by Hon. Roger Wicker to
David P. Pekoske
Question. Senator Fischer and I introduced the TSA Security Threat
Assessment Application Modernization Act, which would streamline the
enrollment process for those working in freight transportation that are
seeking a combination of the TWIC, HME and/or PreCheck credential,
which each use the same Security Threat Assessment. Will you work with
me on this legislation to help streamline that process for key freight
transportation stakeholders?
Answer. Yes. TSA supports the intent of S. 4298, ``TSA Security
Threat Assessment Application Modernization Act,'' which is to
streamline the enrollment and renewal process for individuals requiring
more than one TSA Security Threat Assessment (STA) and welcomes the
opportunity to work with you and your staffs to achieve that goal.
TSA has implemented and plans to continue deploying new
capabilities aligned to the draft legislation's objective that will
reduce the cost and time burden on drivers and transportation workers.
For instance, HME and TWIC holders eligible for the TSA PreCheck
Application Program may obtain expedited security screening using the
identification number on their CDL or TWIC in the appropriate Known
Traveler Number field in making their airline reservations.
Additionally, applicants requiring both a TWIC and HME are encouraged
to enroll for the TWIC and then use the TWIC to get a free or reduced
cost HME. Currently, states have the authority to provide the HME on a
state-issued CDL using a valid TWIC at no additional cost, but not all
states are currently using this authority. Finally, TSA offers
applicants a fully online enrollment capability to obtain a reduced
cost HME, if they have undergone a comparable STA, such as the one
performed for TWIC. Some states do not support this capability as they
do not use TSA's enrollment provider or it requires development to
allow the state to align expiration dates.
TSA will provide recommendations to improve HME and TWIC
comparability and reciprocity for applicants in all states. The
recommendations will include requirements for states to validate the
TWIC for HME issuance as well as the sharing of biometric information
to reduce the burden of issuing TWIC to applicants in states that do
not use TSA's enrollment provider.
______
Response to Written Questions Submitted by Hon. Marsha Blackburn to
David P. Pekoske
Question 1. In 2018, Congress passed the TSA Modernization Act,
which required TSA to expand the PreCheck program to provide either
secure end-to-end mobile enrollment or a biographic vetting enrollment
alternative to in-person fingerprints. Why, in 2020, did TSA enter into
agreements that did not include secure mobile end-to-end enrollment?
Answer. TSA included the requirement for companies to have a start-
to-finish secure online or mobile enrollment capability in the Other
Transaction Agreement (OTA) Statement of Work (SOW) that defines TSA's
requirements of the enrollment providers. In the SOW, TSA defined
mobile enrollment as ``the ability to enroll with equipment that is
portable and can be moved to meet customer demand and location
preferences (e.g., tablets, kiosks, etc.).'' This definition is
consistent with how both the FBI and NIST define mobile fingerprint
capture devices (e.g., mobile devices on the FBI Certified Products
List are able to be easily moved from place to place). All new
providers plan to offer mobile enrollment options (e.g., tablets,
kiosks etc.).
In addition, following feedback from Congress, TSA has worked
closely with the FBI and NIST to find a path forward for a start-to-
finish secure remote enrollment capability that would allow customers
to complete the entire enrollment process from the comfort of their
home using contactless fingerprint capture. As of today, both NIST and
the FBI have identified significant technical challenges which must be
overcome before considering the use of contactless fingerprints
captured on currently available contactless fingerprint technology.
Additionally, the FBI stated remote biometric collection, without in-
person verification and monitoring, introduces unnecessary risk into
the American aviation transportation system and the FBI's national
criminal history fingerprint repository. The National Crime Prevention
and Privacy Compact Council similarly voiced concerns noting the
security of remote contactless fingerprinting goes against the
Council's guidance for agencies and contractors to develop polices,
practices, and procedures for identity verification prior to submitting
fingerprints for noncriminal justice purposes.
Regarding vetting of an applicant by means other than biometrics,
as required by Section 1937 of the TSA Modernization Act, TSA conducted
a thorough analysis of private sector solutions. TSA published a
Request for Capabilities to determine if any existing solution could
overcome known shortcomings regarding biographic-based vetting. TSA
determined that all proposed solutions did not meet the Section 1937
requirement that the vetting be ``as effective as a fingerprint-based
criminal history records check conducted through the Federal Bureau of
Investigation.''
Question 2. With the OTA PreCheck Enrollment Providers expected to
soon begin enrolling operations, how does TSA plan to protect the
privacy of its customers and ensure their personal data is not sold or
made available to third parties for unauthorized uses?
Answer. As mandated by the TSA Modernization Act of 2018, each
enrollment provider's OTA and its Statement of Work (SOW) require the
protection of privacy and data, including any personally identifiable
information, in a manner consistent with Privacy Act of 1974 and TSA's
regulations. Additionally, the OTA and OTA's SOW applies this
requirement to any design, development, or operation of any system of
records on individuals covered by the OTA to include a Privacy Act
notification in the enrollment provider's OTA and any subcontract.
The SOW, which all vendors must adhere to, specifies that
enrollment providers are not permitted to use applicant data for any
purpose other than submission to TSA unless the enrollment provider
obtains express permission from TSA, as well as from each individual
applicant after completion of the TSA PreCheck enrollment process.
All concepts that require using applicant data for purposes outside
of submission to TSA require written approval from TSA. TSA will
prohibit enrollment providers from establishing partnerships that
include selling any data of individuals obtained during the application
process. Additionally, the enrollment provider must segregate TSA data
from other data used to provide additional purposes/benefits to the
applicant.
Additionally, the SOW specifically states, ``In the event of
violations of the Privacy Act, a civil action may be brought against
the agency involved when the violation concerns the design,
development, or operation of a system of records on individuals to
accomplish an agency function, and criminal penalties may be imposed
upon the officers or employees of the agency when the violation
concerns the operation of a system of records on individuals to
accomplish an agency function. For purposes of the Act, when the
contract is for the operation of a system of records on individuals to
accomplish an agency function, the Offeror is considered to be an
employee of the agency.'' As such, if the enrollment providers violate
the Privacy Act, criminal penalties may be imposed.
In addition, TSA is protecting applicant data from cybersecurity
threats by requiring that enrollment providers' systems meet a FIPS 199
level of High/High/High. FIPS 199 establishes three potential levels of
impact (low, moderate, and high) relevant to securing information
systems. Systems are rated based on confidentiality, integrity, and
availability. The enrollment provider systems must meet the highest
standards of confidentiality, integrity, and availability before TSA
will allow the enrollment providers to begin enrollment operations.
Question 3. Current law allows for the immediate termination of
employees that intentionally allow guns, knives, or explosives through
a checkpoint. Under Title 5, could that employee remain on the TSA
payroll?
Answer. Title 5 provides procedures for employee discipline,
including terminations. Moving under Title 5 will not impact TSA's
ability to address misconduct and implement appropriate administrative
action.
Question 4. Right now, TSA has the flexibility to move screeners
between checkpoints to alleviate long lines and ensure security. Could
Title 5 restrict that flexibility?
Answer. Under Title 5 issues regarding the movement of
Transportation Security Officers (TSOs) between checkpoints could be
subject to collective bargaining and part of an agreement negotiated
between TSA and the union representing TSOs.
______
Response to Written Question Submitted by Hon. Todd Young to
David P. Pekoske
Question. TSA Precheck is already offered to active duty, reserves,
and National Guard service members at no cost. The Veterans Expedited
TSA Screening (VETS) Safe Travel Act will expand this program to
include veterans who are amputees, paralyzed, or blind. There are
approximately 70,000 amputee veterans, 100,000 paralyzed, and 130,000
blind veterans in the United States currently. Do you support the VETS
Safe Travel Act and will you commit to swift implementation if it is
signed into law?
Answer. As a veteran of the United States Coast Guard and an ardent
supporter of our Nation's armed forces, I strongly support efforts to
provide enhanced passenger experiences to disabled veterans. I welcome
your effort to provide TSA PreCheck status to qualify disabled veterans
at no-cost and look forward to working with you to ensure that TSA can
swiftly implement this effort if passed into law.
At TSA, we have sought to ease the travel of disabled veterans
through domestic airports by vetting these individuals as part of the
TSA PreCheck Application Program. TSA has coordinated with the
Department of Veterans Affairs to ensure that TSA can identify these
individuals so that they can enroll in TSA PreCheck at no cost.
Currently, TSA offers two services for travelers with disabilities and
medical conditions. First, TSA Cares is a helpline that provides
travelers with disabilities, medical conditions, and other special
circumstances additional assistance during the security screening
process.
Travelers may request assistance through the TSA screening
checkpoint by calling (855) 787-2227 or completing the form at https://
www.tsa.gov/contact-center/form/cares.
Travelers should contact TSA Cares 72 hours prior to traveling with
questions about screening policies, procedures, and what to expect at
the security checkpoint.
Second, the Passenger Support Specialist (PSS) Program, which
consists of experienced TSOs who receive additional training to assist
and screen travelers with disabilities and medical conditions. PSSs
offer real-time, on-the-spot support to travelers at the checkpoints.
As of April 1, 2022, 7500 TSOs have taken the updated training to be
certified as a PSS.
Finally, TSA currently provides TSA PreCheck to all active
military, reserve, and National Guard at no cost. Similarly, all
Department of Defense Federal employees can opt-in to receive TSA
PreCheck at no cost. TSA relies on ongoing background checks conducted
by the Department of Defense to ensure these individuals are low-risk
and therefore eligible for TSA PreCheck screening. When service members
or Federal employees retire, Department of Defense no longer conducts
ongoing background checks on these individuals. As such, TSA would
require veterans to enroll in our TSA PreCheck Application Program to
undergo a security threat assessment.
______
Response to Written Questions Submitted by Hon. Mike Lee to
David P. Pekoske
Question 1. On June 16, 2022, President Biden signed the Ocean
Shipping Reform Act (OSRA) into law. I authored Section 23 of OSRA,
which requires the TSA and Coast Guard to jointly prioritize and
expedite the consideration of applications for a Transportation Worker
Identification Credential that are to provide direct assistance to a
United States Port.
Could you provide me with an update on what specific steps the TSA
is taking to work with the Coast Guard to implement this newly enacted
provision?
Answer. TSA appreciates the Ocean Shipping Reform Act's objective
to strengthen the U.S. maritime supply chain and recognizes the
importance of transportation workers to U.S. critical infrastructure
and supply chain operations. The Transportation Worker Identification
Credential (TWIC) is required for all individuals who need unescorted
access to secure areas of U.S. ports regulated under the Maritime
Transportation Security Act (MTSA) of 2002. TSA requires all TWIC
applicants to acknowledge, during the enrollment process, that they are
required to have such unescorted access to ports and vessels.
TSA is prioritizing the adjudication and credential issuance for
eligible TWIC applicants. For example, TSA is adjudicating applications
for the TWIC Program ahead of applicants for traveler programs, such as
the TSA PreCheck Application Program, and has expanded the days and
hours of operation for its card production services to reduce the time
required to produce and ship the physical TWIC card to approved
applicants. TSA recognizes that some ports may require expanded
enrollment services to facilitate increased demand for TWIC and is
working with them to better understand and meet their TWIC
requirements. For instance, in Fiscal Year 2022, TSA successfully
hosted two temporary TWIC enrollment events at the Port of Long Beach,
California.
Question 2. Since 2014 the DHS Office of Inspector General (OIG)
has covertly audited and inspected the security related aspects of TSA
several times. The OIG's findings have historically revealed some very
alarming fail rates due to both human and technology-based failures. In
February 2019, during your tenure, the OIG again found
``vulnerabilities with various airport access control points and
associated access control procedures.'' \1\
---------------------------------------------------------------------------
\1\ February 13, 2019, DHS OIG Highlights: Covert Testing of Access
Controls to Airport Secure Areas, Unclassified Summary; https://
www.oig.dhs.gov/sites/default/files/assets/2019-03/OIG-19-21-Feb19.pdf
---------------------------------------------------------------------------
When I last questioned TSA in Fall 2019, the six recommendations
made by the IG were still open. Since this time have those
recommendations been closed?
Answer. Five of the six recommendations from OIG-19-21 Covert
Testing of Access Controls to Airport Secure Areas are closed. One
recommendation, which involves training for airport workers and
Transportation Security Officers (TSOs), remains open with an expected
closure date of October 31, 2023.
Has the TSA or the OIG conducted any covert audits and inspections
of the security related aspects of TSA since the beginning of the
COVID-19 pandemic in March 2020 to ensure continued progress in closing
vulnerabilities? If not, why not?
Answer. OIG's current Covert Testing Audit on the effectiveness of
TSA's Checked Baggage Screening was announced in March 2020, but
postponed due to COVID-19. OIG conducted this audit between June 2021
thru July 2022. The draft report was issued on July 1, 2022 and
contains three recommendations for TSA to revise the standard operation
procedures (SOPS), increase testing, and accelerate the development of
a test kit which was also recommended in a 2014 OIG report. TSA plans
to concur with those recommendations and is preparing a formal agency
response, which is due to OIG by August 4, 2022.
Additionally, TSA re-initiated covert testing during the pandemic
(August 2020), which included checkpoint screening, checked baggage,
identity management, and airport employee access control, among other
areas. The findings from that testing were used to drive improvements
to training, procedures, and technology.
For many years, we've had alarming reports from the OIG's security
related audits. How during your tenure have you sought to reverse this
negative trajectory? And what is your current overall strategy for the
TSA to improve these outcomes should you be reconfirmed to your
position?
Answer. TSA's Inspection function, which executes its own covert
testing program, works closely with the OIG on covert testing. While
TSA uses insights from the OIG to identify needed areas of improvement,
I have also expanded TSA efforts during my tenure to conduct covert
testing to measure the TSA screening effectiveness over time in order
to better understand how improvements in technology, process and
training impact security (Index) outcomes. I have also expanded the
program to test with our international partners both to support one-
stop security agreements and to improve overall aviation security
globally. For instance, during July 2022 alone we are conducting joint
testing with the Republic of Korea, Israeli Aviation Security, the
German Federal Police, the United Kingdom, and providing covert testing
instruction to the Kenyan aviation security authority.
Questions 3. The TSA Modernization Act made several updates to the
Screening Partnership Program (SPP)--a program which allows passenger
screening to be carried out by qualified private screening companies.
One update was to require TSA to encourage participating SPP airports
to recommend innovative ideas to TSA on screening approaches,
technological ideas, etc.
Since the adoption of the TSA Modernization Act, how has TSA
encouraged innovation from SPP airports? Has TSA implemented any ideas
presented by an SPP airport?
Answer. SPP Contractors have always been welcome to discuss
innovation ideas with the SPP Program Office and/or Federal Security
Director. Additional avenues to present suggestions for innovations
include:
Section H.7 of the SPP IDIQ contract provides information
regarding how contractors through the Idea Factory can submit
and share ideas and solutions that may result in the creation
of programs or initiatives, or changes to security screening
procedures.
Annual SPP Vendor Forums provide contractors an opportunity
to discuss innovations that would enhance the TSA security
screening operation.
At this time, the SPP Program has not received any innovation
suggestions or ideas from SPP airports that have been implemented.
Question 4. As you know, since 2016, new TSOs now receive
centralized training at the TSA Academy located at the Federal Law
Enforcement Training Center in Georgia. During your nomination hearing
you mentioned that the current two-week training would soon be extended
to three weeks.
What benefits does the TSA seek with centralizing TSO training in
Georgia?
Answer. TSO training at the TSA Academy results in operational
efficiency through the centralization and standardization of
coursework. Students receive uniform content, delivered consistently by
the agency's best instructors in a setting with access to the newest
technology and state-of-the-art training labs. Training quality is
constantly monitored, evaluated, and improved, and the content can be
quickly adjusted in response to threats or shifts in operational
priority.
Since TSA centralized its basic training in Georgia, has that
increased or decreased the expenses associated with TSO training?
Answer. TSA initially centralized basic training in 2016 and a cost
study performed in 2018 showed an increase in overall costs by 14
percent. However, the benefits of a consistent, centralized basic
training and initial Federal service indoctrination for new employees
far exceed the additional marginal costs. Since the centralization of
new hire training, associated per student costs have generally remained
static.
A 2018 GAO report noted that TSA had not identified performance
goals or measures to assess the benefits of the TSO Basic Program.\2\
Since the report was issued, has TSA taken steps to identify the
metrics to assess the program's effectiveness? If so, which metrics
have been employed and has TSA published any conclusions on the
effectiveness of this training model?
---------------------------------------------------------------------------
\2\ July 2018, Aviation Security: Basic Training Program for
Transportation Security Officers Would Benefit from Performance Goals
and Measures, Government Accountability Office; https://www.gao.gov/
assets/gao-18-552.pdf
---------------------------------------------------------------------------
Answer. TSA has taken a number of steps to assess the benefits of
the TSO Basic Training Program (TSO-BTP). TSA developed a comprehensive
Training Evaluation Plan that identifies reporting timeframes for
instruments and areas of comparison throughout the TSO-BTP process.
This information will provide TSA Management and Course Managers with
data regarding the effectiveness of the training as well as areas for
improvement and requiring updates. The plan uses the industry-standard
Kirkpatrick Method that identifies the Level 1, 2, and 3 measurement
instruments for TSO-BTP at and beyond TSA-A.
Kirkpatrick Level-1 surveys gather data on student reactions to the
training. This evaluation gathers information to determine if students
understood the learning objectives, if the delivery format was
effective, and if it made them feel confident and prepared to perform
their tasks on-the-job. In 2018, TSA updated the Level 1 evaluation
survey to include questions on TSO morale. Results show an overall 94
percent satisfaction rating for students attending the in-person TSO-
BTP course at the TSA Academy.
The TSO Basic Program also includes Kirkpatrick Level-2
Evaluations, for determining to what degree students have acquired the
intended skills and knowledge. They receive an X-Ray Image
Interpretation Test (IIT) and a Job Knowledge Test (JKT) that they must
pass to successfully complete the program.
Finally, a Level-3 Evaluation is administered several months after
the students return to their airport, to determine how effective the
skills and knowledge they learned in the TSO-BTP were applied on the
job.
The table below summarizes the actions taken in response to GAO's
recommendations and their associated implementation dates:
------------------------------------------------------------------------
Measure Implementation Date
------------------------------------------------------------------------
Require IIT First-Time Pass Rate of September 2018
XX percent (rate data SSI and can
be provided separately if required)
------------------------------------------------------------------------
TSO Morale Indicator implemented in October 2018
Level 1 survey
------------------------------------------------------------------------
Implement Pat-down Practical October 2018
Observation Laboratory for 100
percent of students
------------------------------------------------------------------------
FY18 Q1/Q2 Level 3 Course Evaluation September 2018
------------------------------------------------------------------------
Require JKT First-time Pass Rate of September 2018
XX percent (rate data SSI and can
be provided separately if required)
------------------------------------------------------------------------
Complete and implement TSO-BTP Level October 2018
1, 2, and 3 Training Evaluation
Plan
------------------------------------------------------------------------
Question 5. On September 22, 2021, the OIG reported that TSA has
not implemented all requirements in both the 9/11 and the TSA
Modernization Acts. The OIG reported because TSA has not implemented
all such requirements, ``it may be missing opportunities to address
vulnerabilities and strengthen the security of the Nation's
transportation systems.'' \3\ Have you taken corrective action to
concur with the OIG's findings? And how are you addressing concerns
that you may have missed opportunities to address vulnerabilities
within our transportation systems?
---------------------------------------------------------------------------
\3\ September 22, 2021, DHS Office of Inspector General, TSA Has
Not Implemented All Requirements of the 9/11 Act and the TSA
Modernization Act; https://www.oig.dhs.gov/sites/default/files/assets/
2021-09/OIG-21-68-Sep21.pdf
---------------------------------------------------------------------------
Answer. In the five years as Administrator, my experience has been
that oversight from Congress, the Government Accountability Office
(GAO), the DHS OIG and other watchdog groups help to strengthen TSA's
performance by identifying areas for improvement and providing
recommendations for addressing any shortcomings.
With respect to this specific recommendation in OIG 21-68, TSA did
not concur with the OIG, as we have in place an effective system
overseeing the implementation of the TSA Modernization Act. TSA
established this this system informally, and we believe that it should
be memorialized. In December 2021, TSA issued TSA Management Directive
No. 100.11, Oversight and Monitoring of Implementation of Enacted
Authorization Legislation, which established organizational roles and
responsibilities and delineated processes for monitoring enacted
authorization legislation, and OIG closed the recommendation in
February 2022.
Question 6. On April 25, 2022, the Biden Administration released
the ``Domestic Counter-Unmanned Aircraft Systems National Action
Plan.'' \4\ Prior to this, the last Federal guidance on use of counter-
UAS mitigation equipment was issued jointly by DOJ, DOT, FCC, and DHS
in August 2020. Within that guidance it notes that Congress has only
authorized DOD, DOE, DOJ, and DHS to engage in counter-UAS activities,
which certainly seems to tie airports' hands in protecting from
security threats.
---------------------------------------------------------------------------
\4\ April 25, 2022, The White House Briefing Room, FACT SHEET: The
Domestic Counter-Unmanned Aircraft Systems National Action Plan;
https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/
25/fact-sheet-the-domestic-counter-unmanned-aircraft-systems-national-
action-plan/
---------------------------------------------------------------------------
Would you agree that airport personnel and state/local law
enforcement should be able to have the authorities to detecting,
identifying, and mitigating drone threats at airports? If not, why not?
Answer. TSA strongly supports the expansion of authority for
detection activities (that is the detection, tracking, identification
and monitoring of UAS) to critical infrastructure owner/operators,
including airports, and to State, Local, Tribal, and Territorial (SLTT)
law enforcement, as outlined in the Administration's National Action
Plan (NAP) and legislative proposal. As detailed in that proposal, this
authority would be conditioned on using authorized equipment from a
government list. To qualify for this list, the equipment would be
tested and evaluated by DHS or DOJ and approved by the Federal Aviation
Administration (FAA), the Federal Communications Commission (FCC), and
the National Telecommunications and Information Administration (NTIA).
The activities would be governed by the privacy requirements in the Act
and guidance from DOJ and DHS, coordinated with the FAA.
TSA also supports the legislative proposal authorizing a temporary
pilot program under which a limited number of approved SLTT law
enforcement entities could engage in authorized UAS detection and
mitigation activities following Federal safeguards. This pilot program
takes an interim, temporary step that would let Congress, the Executive
Branch, and the SLTT agencies evaluate the costs and benefits
associated with a possible future expansion of the authority. The
proposal is a first step to address the problem that the departments do
not have the equipment and personnel needed to deploy counter-UAS
measures to the many events and locations that may be subject to
dangerous UAS activity, especially as the number of UAS in the airspace
proliferates. Today, the departments must turn down many requests to
protect significant events, including requests from state governors.
TSA, however, does not support non-law enforcement conducting C-UAS
mitigation activities. For any law enforcement other than Federal Law
Enforcement using these authorities, TSA believes that they should be
subject to strong Federal oversight, ensure privacy and civil rights/
civil liberties protections are in accordance with Federal standards,
and fully coordinate all deployments with the FAA.
The use of radio frequency jamming can be a swift, effective
mechanism to mitigate drone threats without any serious damage to
property, but it can also have unintended consequences for
communications. As we consider legislation to grant further counter-UAS
activities at airports, how should we balance these competing
interests?
Answer. Any system used to mitigate drone threats must pass
extensive testing to ensure it does not interfere with or affect
communications, flight control systems of authorized aircraft, and
other critical elements. All technologies should be coordinated with
FAA and FCC to ensure that they have no unintended consequences
impacting the National Air Space.
Existing 124n authorities, as well as the draft proposed
legislation, require coordination with the FAA prior to using any
technology to detect or mitigate a drone threat. Notably, in the past 3
\1/2\ years with these controls in place, there have been no negative
impacts on the National Air Space during operational deployments in the
United States.
Specific to the additional detection-only authority in the draft
proposal, authorized users of ``detection-only'' authority may only use
technology that has been tested by the DOJ or DHS and approved for
inclusion on the list maintained by DHS. Placement on that list occurs
only after the FCC/NTIA and FAA determine there will be no adverse
impacts on the radio-frequency spectrum and the NAS, respectively.
TSA is sensitive to concerns about unintended consequences of all
C-UAS mitigation technologies. Reflective of such, TSA has established
two C-UAS test beds in operational airport environments to continuously
assess the effectiveness and suitability of systems that could
potentially be deployed as part of the airport's approach to detect,
track, identify, and mitigate UAS.
I am in the process of drafting legislation to extend C-UAS
activities, including at airports. Would you commit to working with me
and my staff on this important issue?
Answer. Absolutely. My staff and I will work with you to build on
the existing C-UAS authorities.
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