[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?
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    \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
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    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.
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    \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/
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    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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