9/11 commission questions for deputy undersecretary of transportation james loy

8/14/2019 9/11 Commission Questions for Deputy Undersecretary of Transportation James Loy

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QUESTIONS FOR ADMIRAL LOY

I. Philosophy/Principles

*What do you believe are the principles that should guide transportation security policy?

W hat principles should our recommendations flow from?

What do you see as the primary threats and vulnerabilities in the Transec arena?

^ f f Do you believe in the premise that you can stop th e crazies, and the criminals but not the

committed terrorists with respect to homeland security measures (i .e.checkpointsecurity)?

Do you believ e the goal of homeland security should not on ly be to stop terrorism but toreduce "terror." How do we take th e terror out of terrorism? How do we engage th e

public in protecting the homeland besides telling them to take a trip? To look forsuspicious behavior?

Do you expect fights about what qualifies as critical infra structure and Nationa l SecurityEve nts? W hat can w e do to m itigate these controversies, such as debating and publishingappropriate definitions?

How do we reconcile the need for a veil of mystery of security measures with theimperative of public oversight and debate?

Will the strategic plans that TSA is preparing have deadlines, mileposts, and therequiremen ts for authorities, man pow er and money? W ill these plans be publicdocuments subject to public comment, or "classified."

/'

Should we be encouraging Colleges and Universities to be offering more programs inhomeland security.

-How do we reconcile the desire for no unfounded mandates; with the need for minimumstandards, and limited federal resources?

% W ho 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 toaccomplish what you need to at TSA; IAIP?

Is/me A viation Secu rity Advisory C omm ittee still intact? Should we have other modaladvisory committees?

Did'you acquire any functions under Border an d Transportation Security you thinklould 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 w ere the FAMS transferred to BICE from TSA?

Strategic Planning for where we want to go: 10 to the m inus nine in security, an d 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 th e status of MO A's? What's holdingthem up?

What 's the status of strategic plan s for air cargo an d other areas?

What 's th e status of TRA VEL (Transportation Risk Assessment and Vulnerability

Evaluation Tools ) to quantify risk assessments across modes. Must these be completedbefore complete the strategic plans?

Are we correct in understanding that we have A H omeland Security Strategic Plan;

Mod al Security Plans; Ho me land Se curity Standards (best practices). W ill the standardsbe mandatory and enforceable?

What can we do to improve R &D planning, coordination, financing, public/privatepartnership?

Budget Issues

W hat do you think of an Aviation Security Capital Fund (proposed bill)? W hat aboutother modes?

Will diverting AIP to security hurt safety? How is this coordinated with FAA to be surew e don't have such a tradeoff?



What steps have y ou taken to oversee the cost, schedule and qu ality of contractor

performance?

Manpower:

Have the ma npower requirement for FA M and Screening force been based on strategicplan and a needs study rather than budget driven.

III. Operations

Intelligence:

Wha t is the status of watch list integration (9 agencies with 12 lists)? W hat are the

obstacles to a standardized, comprehensive interagency database tha t meets our needs?

W hat'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? H ow 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 to o m any 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?

W hat are we do ing to improve pilot certificate integrity, and to stop forged docum ents?

Since ID's are so impo rtant 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 wh ich were mainly checklists?

How is AV SEC coordinated with flight standards under TSA. Such coordination was a

problem under FAA (training etc.)? FAA's use of third party certificate agents meanssomeone can get a license without ever coming before th e FAA?

Flight Schools:

Are we screening entrant to other Transec education programs like mechanics, hazmatdrivers.

Have we gone through pilot training lists of airmen certifican etc and compare them towatch l ists? 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 w e pre-scrub manifests?

What ' s th e standard for getting the Red Light under CAPPS II: conviction; suspicion;

probable cause?

Is 8% still th e target fo r "unknown risk" or "yellow" selectees?

How is ID theft being addressed in the development of CAPPS II?

Will th e number of random selectees be tied to threat level?

Have any carriers signed up to test CAPPS II? Will yo u compel through SD or should

Congress make it contingent on their loan guarantees and grants.

Can't terrorists be "rooted" l ike Lym an Ferris? (CAPPS II will verify identity—H ow andassess your rootedness.

H ow will domestic terrorists be defined?

Cargo:

Do we have a strategic plan with perform ance targets for air cargo screening andprotection?

MANPAD:



Y ou were quoted as citing a "propensity fo r terrorist to get on the plane" rather than

shootdown with MANPADS. Why do you believe that?

Is 100 mill ion enough to do what we need to do on the MANPAD issue?

Onboard Security

Do you believe FAM s are less essential because of the hardened cockpit doo rs?

Should FAMs be trained in explosives?

What's your position on arm ing pilots, including cargo pilots? lasers versus firearms?

How big a role do you think blast proof containers should pla y in aviation and m aritime?

General Aviation

What do you see as the vulnerability? Are we doing a strategic plan for GA? Wh at do

you see as the prim ary measure we should be im plem enting?

International vulnerability including Canada and Mex ico

Access Control

When will the Transportation Worker Identification Cards (TWIC) program be

implemented. W hat classes of workers w ill get them , pilots? W ill it be applied to

hazmat drivers and other m odes (longshoremen)? Will th e background check include

NCIC ? What kind of biom etrics will be used? Will we need new "readers" at accesspoints to use them? What crimes wil l m ake 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 co nducting to look at hum an factors?

W hat's you r response to the DHS IG report that screeners w ere receiving substandard

an d that testing was too easy?



Are all the backgrou nd checks com plete? 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 fo r developing th e checkpoint of the future, and deploying next-

generation passenger screening that will check explosives? What is the status? How far

are we from being able to check fo r explosives?

There's been some concern that airport employee's are not being screened before

entering sterile areas and the Air O perations A rea?

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 po licy to clear the ability to carry liquids through checkp oints? H ow does thissquare 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 h aving c ustome r officer forward deployed?

Inter—modal preparedness.

Surface/Rail/High way/Subway:

Detection fo r CBRN.

Standardized identification/driver's licences

GENERAL

Should we have a database of contingencies w ith a checklist/phone num bers and responseprotocols?

Are there any pending bills or legislative propos als you believe are key to im proving

homeland security?



D o you see a domestic vulnerability stemming from Canada and Mexico?

How about AVSE C an d TRANSEC at overseas airports?



QUESTIONS FOR ADMIRAL JAMES LOYDec. 10,2003

Chief Immigrat ion Officer.x^oes-this-ptJsitl^nexisk? Who is it? What responsibility?

Border Security an d Immigration Working Group. Original plan called for a Border S ecurity 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 ar e they dealing with?

Hom eland Security Counci l. What is the role of the Hom eland Security Coun cil in the day to day life of

DHS? What value, if any, do you see in the H SC for DHS? Who do you work with at HSC?

Command and Control at the border in case of national emergency.

Is there a command an d control strategy is in place for a fully integrated an d seamless border an d

transportation agency res ponse in the event of another national emergen cy?

D H S Organization fo r borders.

Right now, border security is within DHS, but sp rinkled throughout D HS, with the Coast Guard and

Citizenship and Immigration Services reporting directly to the Secretary, and others un der Hutchinson,

(ISA, CBP, ICE).

• Policy integration between Hutchinson's Policy directorate and CIS

• Policy integration between H utchin son's Policy directorate and Coast Guard

• Information integration between CBP , ICE, CIS and the Information A nalysis

• on intel; fraud; visa policy enforc eme nt; application of US Visit biometrics to CIS.

I Risk Assessment. Y ou referred in your M ay 2003 testimony before Senate Appropriations a DHS (and

\) to a "threat-based risk management plan". Is there a risk manage ment plan incorporating

immigration-related security issues? What is the current status of the plan? Does it incorporateimmigration-related border security (ie the flow of people)? W e would like to obtain a copy.

Recommendations . What reco mm endations do you have for making DH S a stronger institution in the area

of borde r managem ent? Inform ation acquisition and analysis?

CIA Contributions . Num erous senior management officials at DHS have been briefed on some critical

new C IA tools that focus on terrorist travel documents. Their findings and formu las 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 anarcotics investigation or otherwise? (1998-2001)

Fraudulent documents . Did the Coast G uard look at whether merchant marin er travel documents are

susceptible to fraud or are adequate for our security purposes?

Recommendat ions . When you left Coast Guard, what were your priorities fo r anti-terrorism an d

counterterrorism for that organization?



O < A < V \ J V . V )

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