COMMISSION SENSITIVE Working Draft
March 28, 2004
QUESTIONS FOR VICE PRESIDENT ALBERT GORE Aviation security as a national security issue The Gore Commission's first recommendation in the aviation security chapter was "The federal government should consider aviation security as a national security issue, and provide substantial funding for capital improvements." Question: What did the commission mean when it said aviation security should be treated as a national security issue? What are the specifics of that in terms of funding, policies, priorities, procedures etc? Question: What advice do you have for this commission about what that approach should mean today? Question: Please discuss the Commission's intentions in designating aviation security as a national security issue. How did this square with the revisions in the BWG recommendations which sharply reduced the federal funding goal, diminished the consequences of CAPPS, put less stress on an expanded role for the FBI, and apparently dropped the notion of an enhanced security baseline? A Layered System The Gore Commission stressed the importance of a "layered" aviation security system. Question: What do you regard as the fundament principles of a "layered" system. Question: In the course of the Gore Commission's work did you find the aviation security system to be an effectively layered system? If so, why? If not, why not—what was missing? Checkpoints
Question: The Gore Commission had recommended a rule to certify screening companies and yet by 9-11 that rule still had not be finalized. If aviation security were an issue of national security why was it taking so long to implement such an important reform of the system? Funding for AVSEC
The report suggested that the federal government should "devote significant resources, of approximately $100 million annually, to meet capital requirements identify by airport consortia and the FAA."
COMMISSION SENSITIVE Working Draft March 28, 2004 Question: The vast majority of the additional money for aviation security that was appropriated as a result of this recommendation was for explosive detection equipment. Was that the commission's intent? What process did you expect to be used in allocating these new resources? TWA 800 Question: Did you perceive that the focus from the administration, Congress and/or the public on aviation security diminish after the incident was deemed to be a safety issue and not an act of terrorism? Question: Do you have any reason to believe that TWA 800 was a terrorist act? Question: What was your immediate evaluation and response to the crash of TWA 800 in 1996? How, when and why did your understanding change over time? Intelligence and threat analysis Question: In the deliberations of the Gore Commission what was your mechanism for understanding the threat to civil aviation? What intelligence information/assessments did you receive in order to inform your recommendations? Question: How did you perceive the threat to civil aviation from the intelligence you received in the course of the Commission's work and, in general, as Vice President? Question: The FAA has told the Commission that they were frustrated by the lack of intelligence ("a blind spot") on domestic threats. Did you perceive this blind spot and, if so, how serious did you think it was? Question: What was your analysis of the Bojinka plot uncovered in Manila in early 1995? Did this event change in any way, your and the Clinton Administration's evaluation of the Bin Laden threat to U.S. civil aviation? If so, how? What was done in response? FBI
The Gore Commission recommended that the FBI "significantly increase" the number of agents assigned to counterterrorism investigation to improve intelligence. In the aftermath of the 1993 WTC bombing the FBI pledged to devote more resources and focus on the counter terrorism agenda. Question: Do you believe that the FBI adequately responded to this new emphasis and the Commission's recommendation?
COMMISSION SENSITIVE Working Draft March 28, 2004 Hijacking/Sabotage Question: The Gore Commission focused heavily on the sabotage threat to aviation. Little was said about hijacking. What was the Commission's view of the hijacking threat and given the known shortcomings of our checkpoint screening operations, why wasn't this more of a focus? Question: Did you ever discuss or consider the use of aircraft as weapons as a threat to civil aviation security? For instance, in 1994 when the private plane crashed into the White House lawn, was this method of attack a topic of conversation or worry? If so, what steps were taken? Question: During your deliberations with the Commission, was the panel aware of the "common strategy" employed by FAA to address hijacking which basically instructed flight crew to accommodate hijacker demands? If so, what were your views on the approach? Question: Please provide us with your recollection of the following documents that relate to the evaluation of the terrorist threat to civil aviation produced by the FAA's intelligence division as well as by the Intelligence Community. In particular, do you recall their consideration of the possibility of suicide hijackings within the United States? If so, how did you and the Administration respond to this information? A. The portion of the National Intelligence Estimates of (give dates) which pertain to civil aviation B. The FAA's assessment (include names from Manno letter to JI) C. The 2000-2001 FAA CD-ROM presentation for aviation security stakeholders (quote) Technology
Question: Both the Pan Am Commission and the Gore Commission focused on the importance of maximizing the use of technology to promote security. What advice do you have for this commission about how to set an aviation security R&D agenda, to fund it and to deploy the technology? Question: How do we avoid the problem of waiting to deploy improved technology in the hope that some even greater capability is right around the corner? What principles should we apply in this regard? Passenger Profiling The Gore Commission strongly supported the use of passenger prescreening initiatives to determine those passengers who might pose more than a minimal risk to aircraft in order to better focus scarce security resources, consistent, of course, with the protection of civil rights. The Commission's report recommended that research be developed on
COMMISSION SENSITIVE Working Draft March 28, 2004 "terrorists, hijackers, and bombers." We note "hijackers" because when the computer prescreening system was implemented it was only applied to passengers who checked bags, and the only consequence of selection was to screen the baggage for explosives or apply positive passenger bag match (PPBM). Question: Was it the commission's intent that prescreening be used only to identify those who may pose a sabotage threat, or did you have in mind identifying those who might pose a hijacking threat as well? Question: Were you aware that the FAA had limited application of prescreening only to those passengers who checked bags and the consequences of selection meant additional screening of your checked bags only, not secondary screening of the passenger's person and/or carry-on belongings? Question: How do you believe civil rights issues affected prescreening and screening operations? (GET LETTER TO UNITED) Question: What advice do you have for how civil rights issues should be considered so we can meet the goal of protecting both lives and civil liberties in the field of homeland security? Positive Passenger Bag Match The Gore Commission also endorsed the practice of Positive Passenger Bag Match, including as a means of addressing the risk posed by those identified as prescreening selectees. Question: How did you evaluate positive passenger bag match as an appropriate defense measure in an era when suicide terrorism was a growing practice? National Airspace Management The Gore Commission devoted a lot of attention to modernizing and filling gaps in the National Air Space (NAS) management system, including improving surveillance of aircraft Question: Was this focus on national air space management issues exclusively a safety and efficiency issue, or did you see this in terms of security as well? Question: Specifically, was there concern about gaps in surveillance net in the event of a hijacking? Do remember if the military or FAA weighed-in on this point? TEAM 8 COMMENT
COMMISSION SENSITIVE Working Draft March 28, 2004 Air Rage The Gore Commission addressed issues related to air rage being a danger to aircraft and flight crew, and focused its recommendations on more vigorous prosecution. Question: Did consideration of this issue include new rules about securing cockpits against intrusion? Reinventing Government The Commission on Reinventing Government that you also chaired focused intently on raising barriers to the imposition of new federal rules. Question: Given that aviation security was a regulatory process that depended on rulemaking to effect improved security measures, was there concern that the lessons from the Commission on Reinventing Government, might unwittingly frustrate reforms contemplated in the report of the White House Commission on Aviation Safety and Security? Question: How did the Reinvention of Government initiative relate to the Federal Aviation Administration? Which, if any, of the Reinvention initiatives impacted on civil aviation security? Recommendations Question: What would you tell the Commission they should recommend to improve aviation and transportation security in particular and homeland security in general? Question: What advice would you have for us to help ensure that our recommendations are duly considered and implemented? (Note: Perhaps we can share some of our draft recommendations with the Vice President to get his views, including the notion of making the NTSB the NTSSB (national transportation safety and security board). General Assessments
Question: Upon becoming Vice President in January 1993, please tell us your perception of the following issues. Please provide specifics wherever possible. A. The threat to the United States from Islamic fundamentalists B. The terrorist threat to U.S. civil aviation C. The status of the civil aviation security system in the United States Question: Before your service on the Gore Commission, what were your views on the so-called Dual Mandate of the FA A, and of the security system of divided responsibilities
COMMISSION SENSITIVE Working Draft March 28, 2004 between the FAA, the airports and the airlines? How were these views reflected in the Administration's aviation security policy? Question: What was your analysis of the civil aviation security system as of the end of the Clinton-Gore Administration? What were its strengths and weaknesses? Question: What was your assessment of the performance of FAA Administrator Jane Garvey? Deputy Administrator Monte Belger? Civil Aviation Security head Irish Flynn? Do you recall any occasions on which either they sought to get a security measure adopted which the Administration declined, or you asked them to undertake any security measures which they indicated they would be unable to carry out? Question: What is your analysis of the civil aviation security system on 9/11/01? Where and why did it fail, in your view? In retrospect, is there anything that you believe either the Clinton or Bush Administrations could have done which would have prevented those disasters? Question: What is your assessment of the state of aviation and transportation security today? What has been improved? What are the major remaining weaknesses? Baseline Working Group Question: When did you become aware of the FAA's Baseline Working Group (BWG), which issued its final report in December 1996? What was your evaluation of its mandate, and its interaction with the White House Commission on Aviation Safety and Security? Question: What is your recollection and evaluation of the following BWG recommendations, and how did they impact the work of the White House Commission? A. B. C. D.
The notion of raising the aviation security "baseline" The consequences of profiling "selection" An expanded role for the FBI in civil aviation security The need to end unfounded federal mandates on civil aviation security and to provide $9.9 billion in federal funding for aviation security over the following 10 years.
Question: What role, if any, did you play in the OMB objection to the BWG recommendations on the grounds that these were too costly and that they departed from the user-pays principle? Gore Commission: General
Question: What was your understanding of the mandate of the White House Commission on Aviation Safety and Security, which you were named to chair? Did that mandate
COMMISSION SENSITIVE Working Draft March 28, 2004 change as the Administration's understanding of the cause of the TWA 800 crash evolved? If so, how? Question: What role did the airlines; the airports and labor organizations play in the work of the White House Commission? Question: What, in your view, were the major recommendations of your Commission? How did you seek to implement them? What were the results? Question: What was your view of the dissent to the Gore Commission report issued by Victoria Cummock? Question: Please respond to a question posed to the Commission by the Families of the 9/11 victims: Why were implementation timelines scrapped from the final report of the Gore Commission? (Check exact wording of question.)
Other notes for us Gore Commission required each airport to conduct a vulnerability study and an "action plan" to improve security. We need to get the "action plans" for Dulles; Logan and Newark. They were supposed to define local security threats based on input from FAA and FBI. Gore commission called on performance agreements to outline goals and specific means of measuring progress for AVSEC what was done in this area.
QUESTIONS FOR VICE PRESIDENT ALBERT GORE
Aviation security as a national security issue The Gore Commission's first recommendation in the aviation security chapter was "The federal government should consider aviation security as a national security issue, and provide substantial funding for capital improvements." Question: What did the commission mean when it said aviation security should be treated as a national security issue? What are the specifics of that in terms of funding, policies, priorities, procedures etc? Question: What advice do you have for this commission about what that approach should mean today? A Layered System The Gore Commission stressed the importance of a "layered" aviation security system. Question: What do you regard as the fundament principles of a "layered" system. Question: In the course of the Gore Commission's work did you find the aviation security system to be an effectively layered system. If so, why? If not, why not—what was missing? Checkpoints Question: The Gore Commission had recommended a rule to certify screening companies and yet by 9-11 that rule still had not be finalized. If aviation security were an issue of national security why was it taking so long to implement such an important reform of the system? Miscellaneous Question: What was your view of the dissent to the Gore Commission report issued by Victoria Cummock.
Funding for AVSEC
The report suggested that the federal government should "devote significant resources, of approximately $100 million annually, to meet capital requirements identify by airport consortia and the FAA."
Question: The vast majority of the additional money for aviation security that was appropriated as a result of this recommendation was for explosive detection equipment, was that the commission's intent? What process did you expect to be used in allocating these new resources? TWA 800 Question: Did you perceive that the focus from the administration, Congress and/or the public on aviation security diminish after the incident was deemed to be a safety issue not an act of terrorism? Question: Do you have any reason to believe that TWA 800 was a terrorist act? Intelligence and threat analysis Question: In the deliberations of the Gore Commission what was your mechanism for understanding the threat to civil aviation. What intelligence information/assessments did you receive in order to inform your recommendations? Question: How did you perceive the threat to civil aviation from the intelligence you received in the course of the Commission's work and, in general, as Vice President? Question: The FAA has told the Commission that they were frustrated by the lack of intelligence—"a blind spot" on threats domestically. Did you perceive this blind spot and how serious did you think it was? FBI
The Gore Commission recommended that the FBI "significantly increase" the number of agents assigned to counterterrorism investigation to improve intelligence. In the aftermath of the 1993 WTC bombing the FBI pledged to devote more resources and focus on the counter terrorism agenda. Question: Do you believe that the FBI adequately responded to this new emphasis and the Commission's recommendation. Hijacking/Sabotage Question: The Gore Commission focused heavily on the sabotage threat to aviation. Little was said about hijacking. What was the Commission's view of the hijacking threat and given the known shortcomings of our checkpoint screening operations why wasn't his more of a focus? Question: Did you ever discuss or consider the use of aircraft as weapons as a threat to civil aviation security? For instance, in 1994 when the private plane crashed into the
White House lawn, was this method of attack a topic of conversation or worry? If so, what steps were taken? Question: During your deliberations with the Commission, was the panel aware of the "common strategy" employed by FAA to address hijacking which basically instructed flight crew to accommodate hijacker demands? If so, what were your views on the approach? Technology
Question: Both the Pan Am Commission and the Gore Commission focused on the importance of maximizing the use of technology to promote security. What advice do you have for the commission about how to set an aviation security R&D agenda, to fund it and to deploy the technology? Question: How do we avoid the problem of waiting to deploy improved technology in the hope that some even greater capability is right around the corner? What principles should we apply in this regard? Passenger Profiling The Gore Commission strongly supported the use of passenger prescreening initiatives to determine those passengers who might pose more than a minimal risk to aircraft in order better focus scarce security resources, consistent, of course, with the protection of civil rights. The Commission's report recommended that research be developed on "terrorists, hijackers, and bombers." We note "hijackers" because when the computer prescreening system was implemented it was only applied to passengers who checked bags, and the only consequence of selection was to screen the baggage for explosives or apply positive passenger bag match (PPBM). Question: Was it the commission's intent that prescreening be used only to identify those who may pose a sabotage threat, or did you have in mind identifying those who might pose a hijacking threat as well? Question: Were you aware that the FAA had limited application of prescreening only to those passengers who checked bags and the consequences of selection meant additional screening of your checked bags only, not secondary screening of the passenger's person and/or carry-on belongings? Question: How do you believe civil rights issues affected prescreening and screening operations? (GET LETTER TO UNITED) Question: What advice do you have for how we should recommend civil rights issues be considered in resolve so we can meet the goal of protecting both lives and civil liberties?
Question: The Gore Commission recommended that "The FBI and CIA should develop a system that would allow important intelligence information on known or suspected terrorists to be used in passenger profiling without compromising the integrity of the intelligence or its sources." Did this recommendation mean that the FAA should use intelligence community and law enforcement watch lists to stop known or suspected terrorists from flying? If not, what was intended by this recommendation? Positive Passenger Bag Match The Gore Commission also endorsed the practice of Positive Passenger Bag Match, including as a means of addressing the risk posed by those identified as prescreening selectees. Question: How did you evaluate positive passenger bag match as an appropriate defense measure in an era when suicide terrorism was a growing practice?
National Airspace Management The Gore Commission devoted a lot of attention to modernizing and filling gaps in the National Air Space (NAS) management system, including to improve surveillance of aircraft Question: Was this focus on national air space management issues exclusively a safety and efficiency issue, or did you see this in terms of security as well? Question: Specifically, was there concern about gaps in surveillance net in the event of a hijacking? Do remember if the military or FAA weighed-in on this point? TEAM 8 COMMENT Air Rage The Gore Commission addressed issued related to air rage being a danger to aircraft and flight crew, and focused its recommendations on more vigorous prosecution. Question: Did consideration of this issue include new rules about securing cockpits against intrusion? Reinventing Government
The Commission on Reinventing Government which you also chaired focused intently on raising barriers to the imposition of new federal rules. Question: Given that aviation security was a regulatory process that depended on rulemaking to effect improved security measures, was there concern that the lessons from the Commission on Reinventing Government, might unwittingly frustrate reforms contemplated in the Commission on Aviation Safety and Security? Recommendations Question: What would you tell the Commission they should recommend to improve aviation and transportation security in particular and homeland security in general? Question: What advice would you have for us to help ensure that our recommendations are duly considered and implemented? (Note: Perhaps we can share some of our draft recommendations with the Vice President to get his views, including the notion of making the NTSB the NTSSB (national transportation safety and security board).
Other notes for us Gore Commission required each airport to conduct a vulnerability study and an "action plan" to improve security. We need to get the "action plans" for Dulles; Logan and Newark. They were supposed to define local security threats based on input from FAA and FBI. Gore commission called on performance agreements to outline goals and specific means of measuring progress for AVSEC what was done in this area.
GORE QUESTIONS 1. Irish Flynn, former Associate Administrator of Civil Aviation Security at FAA testified to the Commission on January 27th, 2004 that the Gore report was disappointing because it didn't stress the central importance of intelligence and law enforcement in detecting and countering terrorist activities aimed at aviation. Did the Commission consider the issue of intelligence, particularly domestic intelligence in identifying threats to civil aviation. 2. Flynn said that the Commission request for only 100 million per year implied that the threat to civil aviation security was not imminent. He said it was well known that over 1000 CTX machines were needed and that given the need to buy other equipment, 1000 million would permit purchase and installation of about 50 EDS per year. At that pace it would take 20 years to complete. 3. Gore Commission suggested that aviation security be treated as a National Security Issue. What did that mean to you? 4. Why was CAPS consequences limited just to checked baggage? Were their civil rights concerns about applying secondary screening to selectees for their person or 5. How did you see the "reinventing government" effort and the goal of no new rules impacting the rulemaking process for CAS?
QUESTIONS FOR VICE PRESIDENT ALBERT GORE Aviation security as a national security issue The Gore Commission's first recommendation in the aviation security chapter was "The federal government should consider aviation security as a national security issue, and provide substantial funding for capital improvements." Question: What did the commission mean when it said aviation security should be treated as a national security issue? What are the specifics of that in terms of funding, policies, priorities, procedures etc? Intelligence and threat analysis Question: The Gore Commission report mentioned the changing threat from terrorism and that it was a vital issue domestically. How did you perceive the threat to civil aviation both domestically and internationally from the intelligence you received in the course of the Commission's work and, in general, as Vice President? Hijacking/Sabotage Question: The Gore Commission focused heavily on the sabotage threat to aviation. Little was said about hijacking. What was the Commission's view of the hijacking threat and given the known shortcomings of our checkpoint screening operations, why wasn't this more of a focus? Technology Question: Both the Pan Am Commission and the Gore Commission focused on the importance of maximizing the use of technology to promote security. What advice do you have for this commission about how to set an aviation security R&D agenda, to fund it and to deploy the technology? Passenger Profiling Will you share with us your recollection of the commission's deliberations about the following key issues: Aircraft as weapons; the security consequences for passengers selected by the computer prescreening system the commission endorsed; the civil liberties aspects of CAPS and CAPS consequences; and the use of watchlists to stop suspected terrorists from flying? For instance, was it the commission's intent that prescreening be used only to identify those who may pose a sabotage threat, or did you have in mind identifying those who might pose a hijacking threat as well?
Reinventing Government
The Commission on Reinventing Government that you also chaired focused intently on raising barriers to the imposition of new federal rules. Question: How did the Reinvention of Government initiative relate to the Federal Aviation Administration? Given that aviation security was a regulatory process that depended on rulemaking to implement improved security measures, was there concern that the lessons from the Commission on Reinventing Government, might unwittingly frustrate reforms contemplated in the report of the White House Commission on Aviation Safety and Security? General Assessments Question: What was your analysis of the civil aviation security system in place leading up to and on 9/11/01? Why were the attacks able to succeed? How and why did the system fail, in your view? In retrospect, is there anything that you believe either the Clinton or Bush Administrations could have done which would have prevented those disasters? Gore Commission; General Question: Commissioner Victoria Cummock filed a dissent to many of the Commission's recommendations, arguing that in some cases they lacked specificity, responsibility, substance, accountability, applicability and timelines and deadlines. Further, her dissent included what she thought would address those perceived gaps. Could you comment on that dissent in terms of its validity and how the commission dealt with her views? Recommendations Question: What would you tell the Commission they should recommend to improve aviation and transportation security in particular and homeland security in general and what steps can we take to enhance the probability that our recommendations are duly considered and implemented? Question: Threats and vulnerabilities to the nation's transportation system are many and varied. They include not only aviation but maritime, rail, pipelines and other surface modes. How would you advise that priorities be determined? How should cost be allocated among stakeholders?
Aviation security as a national security issue The Gore Commission's first recommendation in the aviation security chapter was "The federal government should consider aviation security as a national security issue, and provide substantial funding for capital improvements." Question: What did the commission mean when it said aviation security should be treated as a national security issue? What are the specifics of that in terms of funding, policies, priorities, procedures etc? «• i. Question: What advice do you have for this commission about what that approach should mean today? •»
Question: Please discuss the Commission's intentions in designating aviation security as a national security issue. How did this square with the revisions in the BWG recommendations which sharply reduced the federal funding goal, diminished the consequences of CAPPS, put less stress on an expanded role for the FBI, and apparently dropped the notion of an enhanced security baseline? •••»
A Layered System The Gore Commission stressed the importance of a "layered" aviation security system. Question: What do you regard as the fundament principles of a "layered" system. Question: In the course of the Gore Commission's work did you find the aviation security system to be an effectively layered system? If so, why? If not, why not—what was missing? Checkpoints Question: The Gore Commission had recommended a rule to certify screening companies and yet by 9-11 that rule still had not be finalized. If aviation security were an issue of national security why was it taking so long to implement such an important reform of the system? Funding for AVSEC The report suggested that the federal government should "devote significant resources, of approximately $100 million annually, to meet capital requirements identify by airport consortia and the FAA." /. | IrlA1^'
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COMMISSION SENSITIVE Working Draft March 28, 2004 Question: The vast majority of the additional money for aviation security that was appropriated as a result of this recommendation was for explosive detection equipment. Was that the commission's intent? What process did you expect to be used in allocating these new resources? TWA 800 Question: Did you perceive that the focus from the administration, Congress and/or the public on aviation security diminish after the incident was deemed to be a safety issue and not an act of terrorism? Question: Do you have any reason to believe that TWA 800 was a terrorist act? Question: What was your immediate evaluation and response to the crash of TWA 800 in 1 996? How, when and why did your understanding change over time? Intelligence and threat analysis Question: In the deliberations of the Gore Commission what was your mechanism for understanding the threat to civil aviation? What intelligence infonnatiou/assessiriefits did you receive in order to inform your recommendations? Question: How did you perceive the threat to civil aviation from the intelligence you received in the course of the Commission's work and, in general, as Vice President? Question: The FAA has told the Commission that they were frustrated by the lack of intelligence ("a blind spot") on domestic threats. Did you perceive this blind spot and, if so, how serious did you think it was? Question: What was your analysis of the Bojinka plot uncovered in Manila in early 1995? Did this event change in any way, your and the Clinton Administration's evaluation of the Bin Laden threat to U.S. civil aviation? If so, how? What was done in response? FBI
The Gore Commission recommended that the FBI "significantly increase" the number of agents assigned to counterterrorism investigation to improve intelligence. In the aftermath of the 1993 WTC bombing the FBI pledged to devote more resources and focus on the counter terrorism agenda. Question: Do you believe that the FBI adequately responded to this new emphasis and the Commission's recommendation?
COMMISSION SENSITIVE Working Draft March 28, 2004 Hijacking/Sabotage
Question: The Gore Commission focused heavily on the sabotage threat to aviation. Little was said about hijacking. What was the Commission's view of the hijacking threat and given the known shortcomings of our checkpoint screening operations, why wasn't this more of a focus? •*
Question: Did you ever discuss or consider the use of aircraft as weapons as a threat to civil aviation security? For instance, in 1994 when the private plane crashed into the White House lawn, was this method of attack a topic of conversation or worry? If so, what steps were taken? Question: During your deliberations with the Commission, was the panel aware of the "common strategy" employed by FAA to address hijacking which basically instructed flight crew to accommodate hijacker demands? If so, what were your views on the approach? Question: Please provide us with your recollection of the following documents that relate to the evaluation of the terrorist threat to civil aviation produced by the FAA's intelligence division as well as by the Intelligence Community. In particular, do you recall their consideration of the possibility of suicide hijackings within the United States? If so, how did you and the Administration respond to this information? A. The portion of the National Intelligence Estimates of (give dates) which pertain to civil aviation B. The FAA's assessment (include names from Manno letter to JI) C. The 2000-2001 FAA CD-ROM presentation for aviation security stakeholders (quote) Technology
Question: Both the Pan Am Commission and the Gore Commission focused on the importance of maximizing the use of technology to promote security. What advice do you have for this commission about how to set an aviation security R&D agenda, to fund it and to deploy the technology? Question: How do we avoid the problem of waiting to deploy improved technology in the hope that some even greater capability is right around the corner? What principles should we apply in this regard? Passenger Profiling ThlTGore Commission strongly supported the use of passenger prescreening initiatives to determine those passengers who might pose more than a minimal risk to aircraft in order to better focus scarce security resources, consistent, of course, with the protection of civil rights. The Commission's report recommended that research be developed on tlv U
COMMISSION SENSITIVE Working Draft March 28, 2004 "terrorists, hijackers, and bombers." We note "hijackers" because when the computer prescreening system was implemented it was only applied to passengers who checked bags, and the only consequence of selection was to screen the baggage for explosives or apply positive passenger bag match (PPBM). Question: Was it the commission's intent that prescreening be used only to identify those who may pose a sabotage threat, or did you have in mind identifying those who might pose a hijacking threat as well? Question: Were you aware that the FAA had limited application of prescreening only to those passengers who checked bags and the consequences of selection meant additional screening of your checked bags only, not secondary screening of the passenger's person and/or carry-on belongings? Question: How do you believe civil rights issues affected prescreening and screening operations? (GET LETTER TO UNITED) Question: What advice do you have for how civil rights issues should be considered so we can meet the goal of protecting both lives and civil liberties in the field of homeland security? Positive Passenger Bag Match The Gore Commission also endorsed the practice of Positive Passenger Bag Match, including as a means of addressing the risk posed by those identified as prescreening selectees. Question: How did you evaluate positive passenger bag match as an appropriate defense measure in an era when suicide terrorism was a growing practice? National Airspace Management
The Gore Commission devoted a lot of attention to modernizing and filling gaps in the National Air Space (NAS) management system, including improving surveillance of aircraft Question: Was this focus on national air space management issues exclusively a safety and efficiency issue, or did you see this in terms of security as well? Question: Specifically, was there concern about gaps in surveillance net in the event of a hijacking? Do remember if the military or FAA weighed-in on this point? TEAM 8 COMMENT
COMMISSION SENSITIVE Working Draft March 28, 2004 Air Rage The Gore Commission addressed issues related to air rage being a danger to aircraft and flight crew, and focused its recommendations on more vigorous prosecution. Question: Did consideration of this issue include new rules about securing cockpits against intrusion? Reinventing Government The Commission on Reinventing Government that you also chaired focused intently on raising barriers to the imposition of new federal rules. Question: Given that aviation security was a regulatory process that depended on rulemaking to effect improved security measures, was there concern that the lessons from the Commission on Reinventing Government, might unwittingly frustrate reforms contemplated in the report of the White House Commission on Aviation Safety and Security? Question: How did the Reinvention of Government initiative relate to the Federal Aviation Administration? Which, if any, of the Reinvention initiatives impacted on civil aviation security? Recommendations Question: What would you tell the Commission they should recommend to improve /•aviation and transportation security in particular and homeland security in general? ^Question: What advice would you have for us to help ensure that our recommendations are duly considered and implemented? (Note: Perhaps we can share some of our draft recommendations with the Vice President to get his views, including the notion of making the NTSB the NTS SB (national transportation safety and security board). General Assessments Question: Upon becoming Vice President in January 1993, please tell us your perception of the following issues. Please provide specifics wherever possible. A. The threat to the United States from Islamic fundamentalists B. The terrorist threat to U.S. civil aviation C. The status of the civil aviation security system in the United States Question: Before your service on the Gore Commission, what were your views on the so-called Dual Mandate of the FAA, and of the security system of divided responsibilities
COMMISSION SENSITIVE Working Draft March 28, 2004 between the FAA, the airports and the airlines? How were these views reflected in the Administration's aviation security policy? Question: What was your analysis of the civil aviation security system as of the end of the Clinton-Gore Administration? What were its strengths and weaknesses? Question: What was your assessment of the performance of FAA Administrator Jane Garvey? Deputy Administrator Monte Belger? Civil Aviation Security head Irish Flynn? Do you recall any occasions on which either they sought to get a security measure adopted which the Administration declined, or you asked them to undertake any securityt measures which they indicated they would be unable to carry out? Question: What is your analysis of the civil aviation security system o» 9/11/01? Where and why did it fail, in your view? In retrospect, is there anything that you believe either the Clinton or Bush Administrations could have done which would have prevented those disasters? Question: What is your assessment of the state of aviation and transportation security today? What has been improved? What are the major remaining weaknesses? Baseline Working Group Question: When did you become aware of the FAA's Baseline Working Group (BWG), which issued its final report in December 1996? What was your evaluation of its mandate, and its interaction with the White House Commission on Aviation Safety and Security? Question: What is your recollection and evaluation of the following BWG recommendations, and how did they impact the work of the White House Commission? A. B. C. D.
The notion of raising the aviation security "baseline" The consequences of profiling "selection" An expanded role for the FBI in civil aviation security The need to end unfounded federal mandates on civil aviation security and to provide $9.9 billion in federal funding for aviation security over the following 10 years.
Question: What role, if any, did you play in the OMB objection to the BWG recommendations on the grounds that these were too costly and that they departed from the user-pays principle? Gore Commission: General
Question: What was your understanding of the mandate of the White House Commission on Aviation Safety and Security, which you were named to chair? Did that mandate
COMMISSION SENSITIVE Working Draft March 28, 2004 change as the Administration's understanding of the cause of the TWA 800 crash evolved? If so, how? Question: What role did the airlines; the airports and labor organizations play in the work of the White House Commission? Question: What, in your view, were the major recommendations of your Commission? How did you seek to implement them? What were the results? Question: What was your view of the dissent to the Gore Commission report issued by Victoria Cummock? Question: Please respond to a question posed to the Commission by the Families of the 9/11 victims: Why were implementation timelines scrapped from the final report of the Gore Commission? (Check exact wording of question.)
Other notes for us Gore Commission required each airport to conduct a vulnerability study and an "action plan" to improve security. We need to get the "action plans" for Dulles; Logan and Newark. They were supposed to define local security threats based on input from FAA and FBI. Gore commission called on performance agreements to outline goals and specific means of measuring progress for AVSEC what was done in this area.