9/11 Commission Questions For Deputy Undersecretary Of Transportation James Loy

QUESTIONS FOR ADMIRAL LOY

I.

Philosophy/Principles

* What do you believe are the principles that should guide transportation security policy? ^ What principles should our recommendations flow from? What do you see as the primary threats and vulnerabilities in the Transec arena? ^ff Do you believe in the premise that you can stop the crazies, and the criminals but not the committed terrorists with respect to homeland security measures (i.e.checkpoint security)? Do you believe the goal of homeland security should not only be to stop terrorism but to reduce "terror." How do we take the terror out of terrorism? How do we engage the public in protecting the homeland besides telling them to take a trip? To look for suspicious behavior? Do you expect fights about what qualifies as critical infrastructure and National Security Events? What can we do to mitigate these controversies, such as debating and publishing appropriate definitions? How do we reconcile the need for a veil of mystery of security measures with the imperative of public oversight and debate? Will the strategic plans that TSA is preparing have deadlines, mileposts, and the requirements for authorities, manpower and money? Will these plans be public documents subject to public comment, or "classified." /'

Should we be encouraging Colleges and Universities to be offering more programs in homeland security. - How do we reconcile the desire for no unfounded mandates; with the need for minimum standards, and limited federal resources? % Who should pay for what?

II.

Administrative (i.e.planning/organization/budRet/manpower/authorities)

it What additional statutory authorities, funding level and manpower do you need to accomplish what you need to at TSA; IAIP? Is/me Aviation Security Advisory Committee still intact? Should we have other modal advisory committees? Did'you acquire any functions under Border and Transportation Security you think lould be sent to other agencies? lere have been reports that TSA plans to start a "police force." Is this true? What 'would its role be? Why were the FAMS transferred to BICE from TSA? Strategic Planning for where we want to go: 10 to the minus nine in security, and the checkpoint of the future to get us there. What is your response to GAO critiques that roles and responsibilities particularly between TSA and FAA are still ill-defined? What's the status of MO A's? What's holding them up? What's the status of strategic plans for air cargo and other areas? What's the status of TRAVEL (Transportation Risk Assessment and Vulnerability Evaluation Tools ) to quantify risk assessments across modes. Must these be completed before complete the strategic plans? Are we correct in understanding that we have A Homeland Security Strategic Plan; Modal Security Plans; Homeland Security Standards (best practices). Will the standards be mandatory and enforceable? What can we do to improve R&D planning, coordination, financing, public/private partnership? Budget Issues What do you think of an Aviation Security Capital Fund (proposed bill)? What about other modes? Will diverting AIP to security hurt safety? How is this coordinated with FAA to be sure we don't have such a tradeoff?

What steps have you taken to oversee the cost, schedule and quality of contractor performance? Manpower: Have the manpower requirement for FAM and Screening force been based on strategic plan and a needs study rather than budget driven.

III.

Operations Intelligence:

What is the status of watch list integration (9 agencies with 12 lists)? What are the obstacles to a standardized, comprehensive interagency database that meets our needs? What's the standard for being put on a watchlist for purposes of Transec? What are the plans to collect terrorist and homeland security information collected by state and locals? How well are we sharing information with them? Do you believe the color-coded alert system is working as desired. Should alerts be regionalized and/or localized. Do you feel you are having effective liaison to TTIC, FBI, CIA, STATE. Are they being co-opted by the host agency? Should you have liaisons to NSA and DIA? Do we have too many Intelligence operations? Are they getting in each other's way? Is it smart to start a new entity Terrorist Tracking Center, separating it from TTIC. Identification/Access Control What's your position on standardized drivers' licenses? What are we doing to improve pilot certificate integrity, and to stop forged documents? Since ID's are so important for access control, carriage of weapons, and CAPPS II, have we looked at weaknesses in the chain of ID (SS, birth certificates). Aviation: Vulnerability Assessments

What are we doing to improve JVA's which were mainly checklists? How is AVSEC coordinated with flight standards under TSA. Such coordination was a problem under FAA (training etc.)? FAA's use of third party certificate agents means someone can get a license without ever coming before the FAA? Flight Schools: Are we screening entrant to other Transec education programs like mechanics, hazmat drivers. Have we gone through pilot training lists of airmen certifican etc and compare them to watch lists? Will we be doing so? Prescreening/C^PPS177: Should we have both a Trusted (or registered) Traveler program and CAPPS II? How could they compliment each other? Do we pre-scrub manifests? What's the standard for getting the Red Light under CAPPS II: conviction; suspicion; probable cause? Is 8% still the target for "unknown risk" or "yellow" selectees? How is ID theft being addressed in the development of CAPPS II? Will the number of random selectees be tied to threat level? Have any carriers signed up to test CAPPS II? Will you compel through SD or should Congress make it contingent on their loan guarantees and grants. Can't terrorists be "rooted" like Lyman Ferris? (CAPPS II will verify identity—How and assess your rootedness. How will domestic terrorists be defined? Cargo: Do we have a strategic plan with performance targets for air cargo screening and protection? MANPAD:

You were quoted as citing a "propensity for terrorist to get on the plane" rather than shootdown with MANPADS. Why do you believe that? Is 100 million enough to do what we need to do on the MANPAD issue? Onboard Security Do you believe FAMs are less essential because of the hardened cockpit doors? Should FAMs be trained in explosives? What's your position on arming pilots, including cargo pilots? lasers versus firearms? How big a role do you think blast proof containers should play in aviation and maritime?

General Aviation What do you see as the vulnerability? Are we doing a strategic plan for GA? What do you see as the primary measure we should be implementing? International vulnerability including Canada and Mexico Access Control When will the Transportation Worker Identification Cards (TWIC) program be implemented. What classes of workers will get them, pilots? Will it be applied to hazmat drivers and other modes (longshoremen)? Will the background check include NCIC? What kind of biometrics will be used? Will we need new "readers" at access points to use them? What crimes will make you ineligible for TWIC? Should we have better access control around airports than fencing, such as cameras, sensors etc. Checkpoint screening Why should airports be allowed to "opt out" of federal screeners. They have the same counter pressures on customer convenience etc. as air carriers? Should state legislatures be required to approve the airport's decision? What studies is TSA conducting to look at human factors? What's your response to the DHS IG report that screeners were receiving substandard and that testing was too easy?

Are all the background checks complete? Did this include fingerprint/NCIC check? Should we be doing more to educate the public about prohibited and restricted items? Do we have a plans for developing the checkpoint of the future, and deploying nextgeneration passenger screening that will check explosives? What is the status? How far are we from being able to check for explosives? There's been some concern that airport employee's are not being screened before entering sterile areas and the Air Operations Area? How do you respond to those who complain that while trace detection systems are cheaper they are not as accurate or effective? Is the decision to use trace detection budget driven? Does positive passenger bag match make sense in this suicide era? Is it wise policy to clear the ability to carry liquids through checkpoints? How does this square with the 14 CFR's rule against "incendiaries."

Maritime: Should container ships and other cargo vessels be required to file "sail" plans like flight plans? What countries, if any, are resisting having customer officer forward deployed? Inter—modal preparedness.

Surface/Rail/High

way/Subway:

Detection for CBRN. Standardized identification/driver's licences

GENERAL

Should we have a database of contingencies with a checklist/phone numbers and response protocols? Are there any pending bills or legislative proposals you believe are key to improving homeland security?

Do you see a domestic vulnerability stemming from Canada and Mexico? How about AVSEC and TRANSEC at overseas airports?

QUESTIONS FOR ADMIRAL JAMES LOY Dec. 10,2003 Chief Immigration Officer.x^oes-this-ptJsitl^nexisk? Who is it? What responsibility? Border Security and Immigration Working Group. Original plan called for a Border Security and Immigration Working Group to be in effect for two years in the Secretary's office. Does it exist? If so, who runs it? What issues are they dealing with? Homeland Security Council. What is the role of the Homeland Security Council in the day to day life of DHS? What value, if any, do you see in the HSC for DHS? Who do you work with at HSC? Command and Control at the border in case of national emergency. Is there a command and control strategy is in place for a fully integrated and seamless border and transportation agency response in the event of another national emergency? DHS Organization for borders. Right now, border security is within DHS, but sprinkled throughout DHS, with the Coast Guard and Citizenship and Immigration Services reporting directly to the Secretary, and others under Hutchinson, (ISA, CBP, ICE). • • • •

Policy integration between Hutchinson's Policy directorate and CIS Policy integration between Hutchinson's Policy directorate and Coast Guard Information integration between CBP, ICE, CIS and the Information Analysis on intel; fraud; visa policy enforcement; application of US Visit biometrics to CIS.

I Risk Assessment. You referred in your May 2003 testimony before Senate Appropriations a DHS (and \) to a "threat-based risk management plan". Is there a risk management plan incorporating immigration-related security issues? What is the current status of the plan? Does it incorporate immigration-related border security (ie the flow of people)? We would like to obtain a copy. Recommendations. What recommendations do you have for making DHS a stronger institution in the area of border management? Information acquisition and analysis? CIA Contributions. Numerous senior management officials at DHS have been briefed on some critical new CIA tools that focus on terrorist travel documents. Their findings and formulas have been significantly incorporated into computer modules, but to our knowledge are not incorporated into any DHS system. What is your plan for incorporating innovative counter-terrorism tools from other agencies into a high priority action plan at DHS? Coast Guard Terrorist focus. Did the Coast Guard when you were in charge focus in the context of your security programs on the possibility of terrorist infiltration using merchant ships or other boats? Terrorist episodes. Did the Coast Guard to your knowledge ever apprehend a known terrorist through a narcotics investigation or otherwise? (1998-2001) Fraudulent documents. Did the Coast Guard look at whether merchant mariner travel documents are susceptible to fraud or are adequate for our security purposes? Recommendations. When you left Coast Guard, what were your priorities for anti-terrorism and counterterrorism for that organization?

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