Copyright 2001 Federal News Service, Inc. Federal News Service
September 20, 2001, Thursday
SECTION: CAPITOL HILL HEARING
LENGTH: 22712 words
HEADLINE:
PANEL I OF A HEARING OF THE SENATE COMMERCE, SCIENCE AND TRANSPORTATION
COMMITTEE
SUBJECT: FEDERAL AVIATION SECURITY
STANDARDS
CHAIRED BY: SENATOR ERNEST HOLLINGS
(D-SC)
LOCATION: 253 RUSSELL SENATE OFFICE
BUILDING, WASHINGTON, D.C.
WITNESSES: NORMAN
MINETA, SECRETARY OF TRANSPORTATION; JANE GARVEY, ADMINISTRATOR, FEDERAL
AVIATION ADMINISTRATION
BODY: SEN. HOLLINGS: I thank my colleagues and
welcome the secretary of Transportation. I must commend you on -- and your
associates on your diligence. Y'all have been working around the clock.
And we want to get immediately to the questions, so we'll
ask all to try to limit their opening statements.
But
mine is a suggestion or question, Mr. Secretary. Rather than Reagan National
being a safety problem, why not make it a safety demonstration airport, an
opportunity? In the sense that we know about the security of the cockpit, the
need for fire marshals and the federalization of security personnel at the
airports, so why not immediately tell the -- you don't have to do it all at once
-- tell those in the shuttle business out there that it's important to air
transportation and the airlines themselves, say, "All right, secure the doors on
those craft; we got the money to do it," and order it done and along with that
order say, "Never shall a door be opened in flight ever again," so that no
longer can a domestic flight be used as a weapon of mass destruction.
Once the doors on those shuttle planes are fixed here in
the next couple of weeks, by that time we ought to get enough security personnel
to check them in and out for those shuttle flights, and put air marshals on all
of them, coming and going.
So that's my question. We've
got to move, and we're going to wait on meetings upon meetings upon meetings and
consultations. I think it was Jack Kennedy, years ago, that quoted the Navy
captain who said his -- if he waits for his ship to be fit, he never puts to
sea.
If you get those doors secured, there's no chance
of hitting a government building on take-off or on landing. You can't get
inside. And that's the main thing. There's no difference. After all, we
remember, the Dulles flight was the one that hit the Pentagon. I've flown in and
out of Dulles since that time. So we have allowed flights at Dulles. For
goodness sakes, don't cancel it. But you can't be absolutely sure, but we can be
mostly sure.
And let me yield to our distinguished
ranking member, Senator McCain.
SEN. JOHN MCCAIN
(R-AZ): Thank you, Mr. Chairman.
And I want to be very
brief because we need to hear from our witnesses very badly.
This is a very serious situation, to say the least. I'm working with
you and Senator Kerry, Senator Hutchison and others so we can develop a piece of
legislation in order to ensure aviation safety and security. This probably
entails federalization of airport security personnel. It requires cockpit
security. It requires better technology. It requires a broad range of activities
and actions in order to do our best to see that airport security is at a level
that the American people can feel some safety and confidence in.
I'm looking forward to hearing from our director of the FAA and our
secretary of Transportation. What we need from you is a list of recommendations
and priorities. We need that very badly, and we need it quickly. Many of these
issues have been discussed in this hearing room in the past, so many of them are
not new issues. What we need is your priorities and your recommendations as to
the actions that need to be taken, both short-term and long-term, so that we can
put it into a legislative package and get it to the Congress as quickly as
possible.
And Mr. Chairman, I look forward to working
with you and other members on shaping that legislation as quickly as possible. I
thank you, Mr. Chairman.
SEN. HOLLINGS: Good.
Senator Burns?
SEN. CONRAD BURNS
(R-MT): Thank you, Mr. Chairman.
And I just want to
associate myself with the words of the ranking member and also the words you
said. I think this is not a time for long statements. We all realize the agenda
of this country has changed as of 9/11. And I look forward in working with
everybody with regard to security because I think that's going to go a long ways
in building the confidence back and getting the people back in the air again.
Thank you.
SEN. HOLLINGS: Senator
Wyden?
SEN. RON WYDEN (D-OR): Thank you, Mr. Chairman.
And I, too, will be very brief.
As a member of the
Aviation Subcommittee, I've been studying this issue in some depth, and I think
it's important to note that there has been a 15-year pattern on this aviation
security issue. And that pattern is as follows. There is a horrible aviation
tragedy. Second, there is tremendous outrage in the Congress and in the country.
Third, there are various recommendations issued by commissions and blueprint
studies. And then fourth, there is slow-motion implementation of those
recommendations.
And I think what I've heard from you,
Mr. Chairman, and I'm so pleased to see it, is that this time it's going to be
different in the United States Congress. This time we want to make the changes
so that in six months or a year we don't have members of Congress back on the
floor in a somber procession talking about how it was there was another
tragedy.
TEXT OMITTED
One
final thing I want to say, Mr. Chairman. I'm for helping to bail out the
airlines. I think all of us are. They were in trouble before this event took
place, and we all know that. But I'm not going to do that without a resolution
of the problem of rail. We have been fighting for several years now to help
resolve this issue. And we've had some $ 321 billion invested in the last years
into airports. We've had about 15 billion or so -- excuse me, into roads --
about $ 15 billion into airports. Less than $ 1 billion, about half-a-billion,
has been put into railroad stock. And what we learned in the last days, that if
terror takes place, and if there's terror in the skies, Americans need an
alternative transport system, and they turned to rail, and it was there for
them. And we need to resolve that issue as we do this bailout, and I'm going to
insist that we do that.
Thank you, Mr. Chairman.
SEN. HOLLINGS: Senator Rockefeller.
SEN. JOHN ROCKEFELLER (D-WV): I would hope the senator from
Massachusetts would not vote no on airline safety --
SEN. KERRY: I'm for safety --
SEN.
ROCKEFELLER: -- and airline aviation financial viability unless he gets what he
wants. I have a long list myself. This is a different time in our country. I
think we have to face the fact that we have faced failures, but we have not
faced fault. Fault lies with the terrorists. Failures lie with us.
And if there is any silver lining out of Tuesday -- and I
can't think of any -- it's that all of the talk that others proceed to talk
about over the last number of years, on aviation issues in general, I mean, much
less security and financial viability -- we've been talking about this for a
long time, but we've been doing nothing about it. That's because the political
will has not been there, and the public demand has not been there. It is now
there. This is an absolutely golden opportunity to take enormous numbers of
steps to federalize to certain security aspects, and to do other things that
will put our whole aviation system on a basis that people can come to trust it
and get back on to airplanes.
Like Senator Nelson, I
flew commercial aviation twice this weekend. I wanted to sort of make the point
that it's safe. Unfortunately, I was virtually the only person on the airplane,
so my message didn't get very far. But, we have to do these things to create the
normalcy, which is the American instinct -- is to get back to normalcy. So, if
we -- if we act wisely, and prudently, and quickly, I'm convinced that we can do
these things, provide the safety, to return the sense of trust and normalcy,
which is so vital for one of the largest economic sectors in our entire
country.
I thank the chair.
SEN. HOLLINGS: Senator Stevens.
SEN. TED
STEVENS (R-AK): Mr. Chairman, I apologize for being late. I have no questions or
statement.
SEN. HOLLINGS: Thank you very much. It
should be noted that El Al, the best on airline security in Israel and around
the world, of course -- their safety director was invited to attend, but because
of Rosh Hashanah he begged off, but he will be with us at the first of the week.
Otherwise, if some watch and wondering why we're not asking questions at this
particular hearing about finances, we have a hearing at 2:00. With that said, we
welcome Secretary Mineta, the secretary of transportation, and Ms. Jane Garvey,
the administrator of the Federal Aviation Administration, and Mr. Michael
Jackson, the deputy secretary of transportation. Secretary Mineta.
SEC. NORMAN MINETA: Thank you very much, Mr. Chairman and
members of the committee. It is with both sadness and resolve that Deputy
Secretary Jackson, Administrator Garvey and I appear before you today. Let me
also, before I start my testimony, thank you for the expeditious handling of our
nominees for positions within the department.
Mr.
Chairman, I join all Americans in my sadness and anger about the lives that were
lost during the heinous, cowardly terrorist attacks of September 11th. And I
also follow President Bush with a firm, unfaltering commitment to help our
nation, and specifically our transportation system, to respond, to rebuild and
recover. Though we will never overcome the sorrow we feel for the families and
friends who lost loved ones, we will ensure public safety and protect economic
vitality. And while it may take time to recreate comfortable confidence in
travel, let me assure this committee that we can and we will enjoy a
transportation system that is safe, secure, and stable.
I also want to express my gratitude publicly about the pride I have in
the work in the Department of Transportation and all of the employees throughout
this crisis. And I would like to call particular attention to the
professionalism that was displayed by the Federal Aviation Administration --
from Administrator Jane Garvey, Deputy Administrator Monty Belger on down. The
FAA performed magnificently, as have other crucial players in our department,
including the Coast Guard and those who worked with the well-prepared Department
of Transportation's Crisis Management Center.
On the
morning of Tuesday, September 11th, I was in my office with Isabelle Durant, the
deputy prime minister of Belgium, who is also the minister of transport, talking
about United States-European noise issues. I was then interrupted, I guess you
might say, by the chief of staff, who came in and said, "Mr. Secretary, may I
see you?"
So, I stepped from the conference into my
office, and on the television was the scene that everybody is familiar with,
with the smoke billowing from the World Trade Center. And he said, "I'm not sure
-- the reports are about an explosion." And so I said, "Well, keep me posted,"
and so I went back into the meeting.
And within three
or four minutes, John Flarity (sp), my chief of staff, came back in and said,
"Mr. Secretary, may I see you?" So, I came back out. So, I was watching this
smoke billowing out, and he said, "It's been confirmed it's an airplane that
went into the World Trade Center." And as I'm sitting there watching the
television, I see this gray object coming in from the right, and then all of a
sudden this billowing orange cloud that comes out of the side of the
building.
So, I went in and told Mrs. Durant that I
would have to be excused, and by that time I had gotten a call from the White
House to get over to the White House immediately.
So, I
went to the White House, went into the situation room and was briefed by Mr.
Dick Clark from the National Security Council. And he said, "You've got to be
over at the operations center with the vice president." So, I went over
there.
By this time, of course, we knew that there was
-- there were two airplanes that had gone into two separate towers of the World
Trade Center. And at that time -- then we, shortly after that, heard about an
explosion at the Pentagon. And the vice president and I were not sure what that
was. There was some talk about it being a helicopter, and then it became
apparent it was a commercial airline.
Well, it's like
anything else. When one of something occurs, it's an accident. When two of the
same things occurs, it's a pattern. And when three of the same thing occurs,
it's a program. So, I immediately called the FAA and told them to bring all the
airplanes down right now. All that we have learned since that fateful morning
leaves me convinced that this unusual command or order was the right thing to
do.
And thanks to thorough preparation, the Department
of Transportation's Crisis Management Center took only minutes to kick into
action. The various modal administrations within the department secured
thousands of transportation facilities; and the United States Coast Guard
secured our harbors and waterways, while also readying its rescue
capabilities.
As we look to the future, the
administration is already moving to restore public confidence in our
transportation system and infrastructure. On September 13th I announced the
gradual restoration of mobility within the national airspace system. We took
immediate steps to develop heightened security measures to ensure the security
and safety of airline passengers, as well as people on the ground.
As all of you know, all of the country's major airports,
with the exception of the Ronald Reagan Washington National Airport, have
resumed air service operations. Because safety is of paramount importance, I
required that heightened security measures, including a thorough search and
security check of all airports and airplanes be in place before any air service
resumed last week.
In addition, we discontinued
curb-side check-in at every airport, and passengers are now required to go to
the ticket counter to check baggage. We also discontinued off-airport check-ins.
Only ticketed passengers are allowed to proceed past airport screeners. Well-
wishers must stay out of the secured areas, and there will be no exceptions.
Now, consistent with the strict security measures that
have been imposed upon start-up last week, I announced on Sunday the creation of
two rapid response teams consisting of FAA employees to offer specific
recommendations for the further improvement of security within the national
airspace system. Our one team is focusing on ways to increase security at our
nation's airports. The other is focusing on aircraft integrity and security,
with specific attention to cockpit access and an expanded federal air marshal
program. Both teams are meeting regularly and with urgency, and their reports
are due on October 1 at the latest. These internal teams will have input from a
distinguished group of Americans with a wide range of expertise. Please note the
need for a broad perspective as we address both security and commerce.
The events of September 11 have focused media and public
attention almost exclusively on aviation, which is understandable. However, our
responsibility is to be equally concerned about other modes of transportation.
Under the authority from the Ports and Waterways Safety Act, we have taken
action to control the movement of all vessels in the navigable waters of the
United States. All ports and waterways have remained opened and secure since
September 12th. And we have put pipeline operators on alert.
And as we restore America's confidence in our ability to maintain the
mobility and general freedoms that we hold dear, Congress, the executive branch
and the American people must not lose sight of the sobering need for heightened
vigilance. We cannot allow this enemy to destabilize our political system, our
economy and our way of life, and we won't.
As I am sure
this committee understands, the economic viability of the United States airlines
is now also an urgent and critical matter, as all of you have stated. Given the
crucial role of air carriers and the role of the terrorist attacks in this
economic trauma, immediate action is mandated. Today, as soon as we get all of
the approvals, we hope to be submitting a proposal that will include $ 3 billion
for airlines to offset new costs because of heightened, tightened security; $ 5
billion in economic relief; authorization for use of the war risk insurance
program at the president's discretion in the domestic as well as the
international arena; and limited modification to certain aspects of collateral
liability in order to avert a near-term threat to continued availability of
insurance. Now, these modifications will provide a brief time in which to
resolve that threat for the longer term.
Now,
additional recommendations that we made included credits and loan guarantees.
Those are details that still have to be looked at and to be worked out.
As all of you have already noted, time is of the essence
for these proposals. Therefore I hope the measures that I have outlined will
move forward as soon as forward. We would then have the time necessary to
consider and consult with all of you about additional measures that may prove to
be necessary.
I would like to close by noting my own
firm commitment to working with the legislative leaders here today. You already
deserve our thanks for the swift bipartisan action that you took last week to
provide supplemental appropriations that helped get action underway across the
federal government. In these traumatic times, I look forward to the honor of
working closely with all of you as we face the complex and crucial challenges
that lie ahead.
Mr. Chairman, I ask unanimous consent
that my written statement be made a part of the record, and my colleagues and I
would be happy to --
SEN. HOLLINGS: It will be
included. Ms. Garvey, do you have a statement?
MS.
GARVEY: Thank you, Mr. Chairman. And I'll be very brief, Mr. Chairman, Senator
McCain, members of the committee. Let me first of all join the secretary in
offering our heart-felt condolences and prayers, and those of everyone at the
FAA, to the family and friends of all of those victims of last Tuesday's
terrible tragedy. And also, if I could, take a public moment to express my
profound gratitude to the FAA staff, as the secretary has done, and particularly
to the air traffic controllers. One editorial writer who was on a plane that
landed safely wrote in an editorial that in a life and death situation that
might have been even more catastrophic, the controllers, the system people and
management supporting them did their jobs, and brought tens of thousands of
Americans back to earth safely. It is for me a singular honor to be associated
with them in this -- in a time that has been extraordinarily difficult.
As the secretary has noted, in the aftermath of last
Tuesday the president called on America to begin to return to normal as quickly
as possible. For those of us at the FAA, that's meant that we needed to focus on
two principal areas: first of all to work with the airports and to work with the
airlines to put in place some very stringent security measures. And we've done
that. We've worked very, very closely with all aspects of the aviation
community. The secretary has mentioned those in some detail. I will only add
that I think when you look at all of those security measures, as some of you
have mentioned, you really have to think of them as a series of redundancies
within the system. Some of those initiatives, as many of you know, are very
similar to those that were in place during the Gulf War. Others are a further
step.
I do want to add a note about the federal air
marshals, and again to join the secretary in his comments. We are
extraordinarily grateful to Congress. You allowed us in the last several days to
move very quickly on this air marshal program to enhance those numbers, to beef
up those numbers. And we've done that really because we know the money that is
in place to do exactly that. We are also extraordinarily grateful to the
attorney general, who has added forces from Treasury and Justice so that we can
proceed quickly and expeditiously in a program that we believe is very, very
important.
The second focus for us at the FAA obviously
has been to restore the system. We have done that again in very close
collaboration with the airports and with the airlines. We've done it we believe
methodically and deliberatively. The system is still not fully up and
operational, but we've done that in a way that I think allows the airlines and
commercial aviation to transition in a thoughtful way. Airlines are moving
throughout the system. They are operating at about 60 percent capacity -- in
some cases slightly more than that. The load factors are still very light, as
some of you have suggested from your own travels. But in talking with the CEOs
yesterday, we are beginning to see some increase in passenger numbers, and
that's very good news.
Let me just close by also
mentioning, as the secretary has, mention that the incidents of last Tuesday
have caused all of us -- airlines, airport operations and public policy makers
-- to rethink the balance of responsibility for civil aviation security. We must
simply think differently about this issue. Civil aviation has been forever
changed -- which really leads me to my last point. The secretary spoke about the
rapid response teams. We are very actively engaged in producing those
recommendations. My direction to the staff has been based on my conversations
with the secretary: the actions must be implementable; they must be
implementable in the short term, in the long term -- this is no time for study,
this is no time for review. This is really a time, as the secretary has told all
of us, it is a time for action.
And one final last
personal note. I will tell you in the last week there have been many moments at
the FAA when despair has set in. But I will tell you that in every one of those
moments overriding despair has been an absolute resolve and an absolute
determination to work around the clock, if that's what it takes, to do
everything that we can to restore public confidence in aviation. I am really
proud to be associated with the people who have done that, and I am proud to be
here today in front of you, and thank you all for your help and your confidence
and your support.
SEN. HOLLINGS: Mr. Michael Jackson
has been heading up for the secretary the task force on security, and I invited
him to also join us at the table. Do you have a prepared statement? Or --
MR. JACKSON: I do not, Mr. Chairman. I am happy to be
here.
SEN. HOLLINGS: Well, we welcome you.
Mr. Secretary, again I am trying to get safety ahead of
money, but it looks like this crowd can work quicker on money than they can on
safety. What's the matter with Reagan National? I'm -- when it comes to air
operations, there's no difference in proximity than Baltimore or Dulles. And the
plane that hit the Pentagon, of course everyone knows, came from Dulles. In
fact, I don't know that the Afghans have got an air operation, but an Afghan
plane landing at Baltimore could turn and come and hit the committee room here
-- or going into Dulles could come and turn. So you have got that threat and
everything else, but not from the commuters, the shuttle flights. And while I'm
collaborating and dillying, I'm putting them out of business. So I -- now we
have had 10 days, and I suggested last week when I told you of this hearing,
well, let's go with Reagan right now. Tell me why not.
SEC. MINETA: Mr. Chairman, Ronald Reagan Washington National Airport is
closed for -- because that decision is really not in our hands. Frankly right
now --
SEN. HOLLINGS: If it's in the Secret Service's
hands, it will never get opened.
SEC. MINETA: It is
right now in the hands of the National Security Council, and specifically the
U.S. Secret Service.
SEN. HOLLINGS: That's what I was
afraid of. Can you explain the facts of life and the reality that we can make it
secure, tell those commuters, those shuttle planes, to order one of these (Kerry
?) doors, get them in there in the next two weeks, we can move? And once you've
secured the cockpit -- you've got the marshals, you've got the personnel to
federalize it. So what are they going to wait on? Just keep it closed and make
sure the airlines go broke?
SEC. MINETA: Well, we've
made all those points, Mr. Chairman, and so -- and I recognize that one of the
airlines is in very precarious -- a precarious state -- even made the statement
that if we don't open DCA within 10 days one of the major airlines will be going
under. But their concern is one of -- a security issue.
SEN. HOLLINGS: Well, I've got the record of the hearings with respect
to the federalization of personnel at the airports, the security personnel.
That's from Secretary Pena back five years ago. But rather my hope is to help.
And not to nag and prove my point or anything else of that kind, I still can't
understand the National Security Council dillying around. Tell them let's move
and order the doors and get the personnel out there -- get the marshals on those
particular planes, and let's get this country moving.
If you are at war -- and I'll never forget when we had World War II
come on there was a little lieutenant colonel from the Corps of Engineers which
broke ground for the most massive manufacturing facility in the world, building
number one outside of Marietta, Georgia, covering 73 acres. By the end of the
war they were spitting out five B-29s a day. The ground was broken on February
the 1st 1942, and by March the 1st, '43, it was producing planes at that time.
This country, if they are really going to war, has got to get us moving up here.
We seem to be the problem, studying and continuing to study. But that point has
been made.
Senator McCain --
SEC. MINETA: Mr. Chairman, I can only speak to my activities since the
25th of January when I was sworn in to be the secretary of Transportation.
SEN. HOLLINGS: Well, Mr. Jackson, you've been moving over
there, and you used to work with Andy Card. Can't you get Andy moving?
(Laughter.) Tell him let's go, come on.
MR. JACKSON: I
think there is a strong commitment to work through this issue, senator. We have
two elements that we are pursuing aggressively, as the secretary has instructed
us. First a series of issues related to air traffic control patterns and how
best to insulate the security risks there. And, in addition, as you yourself
have suggested, a series of --
SEN. HOLLINGS: That can
be done in steps.
MR. JACKSON: -- extraordinary
efforts. And so we are actively engaged in that conversation. This is not an
issue that the department or the FAA is at all insensitive to or sitting back on
our heels on. So we are absolutely working this with the security agency, at the
secretary's strong urging.
SEN. HOLLINGS: Senator
McCain.
SEN. MCCAIN: Thank you, Mr. Chairman. Secretary
Mineta, I want to say as regards to Reagan National Airport, I'd like to see it
open -- all of us for convenience. But I will not only respect but support
whatever decision is made by the experts who are responsible for this nation's
security. Safety obviously is paramount. And if that means Reagan National
Airport stays closed forever, I will not only respect it, but support it.
Mr. Secretary, in your list of financial recommendations
you leave out loan guarantees. Is that -- have you considered that option? Is
that part of your package, or what?
SEC. MINETA: That
was part of our recommendations as we talked out these issues. At the present
time that has not been included in the package by the White House. That has I
think -- is still an open question. But let me turn to --
SEN. MCCAIN: Mr. Jackson.
SEC. MINETA: -- to
Mr. Jackson on the latest, since he was in a meeting as late as 9:10 this
morning.
SEN. MCCAIN: Mr. Jackson?
MR. JACKSON: Senator, as the secretary has said, the industry came to
us and asked for a variety of --
SEN. MCCAIN: I
understand that. What's your --
MR. JACKSON: -- and we
are trying to get a first tranche of support into the system this week, and we
are hoping to work with the Congress to move that. We know that there are a
series of second tranche issues to look at, and we are absolutely --
SEN. MCCAIN: Well, the airlines view this as a first
tranche issue as far as their financial viability is concerned. I think we need
to visit that issue, and very carefully -- and not 100 maybe -- maybe only 80
percent. But I've talked to no one in the industry that doesn't believe that
loan guarantees are a critical item first tranche. So I hope we can work on
that.
Secretary Mineta, do you believe we need to
federalize the airport security forces?
SEC. MINETA: We
have looked at that, and I suppose that if it be a question of whether or not --
when you say "federalize," I assume this is referring to the screening operation
at the airports?
SEN. MCCAIN: Airport security
personnel.
SEC. MINETA: And if we are to federalize
that, we feel that it would probably take in the nature of about 28,000 FTEs,
full-time equivalents. When you take salary, equipment, retirement -- all of the
costs involved -- we are looking at somewhere around $ 1.8 billion. And so that
is an alternative that we are pressing. And --
SEN.
MCCAIN: Well, if we don't do that, what are the other options?
SEC. MINETA: The other alternative is something that all of you passed,
Senator Kay Bailey Hutchison's bill relating to security, giving to the FAA the
authority to increase the standards and to increase the training requirements,
do things on background investigation. That has already been passed. We have the
regulations out on that. The problem is that there was a hold put on the
regulations going forward by OMB until our task forces come back with their
specific recommendations on airport security.
SEN.
MCCAIN: Ms. Garvey, do you have a view on federalization of airport security
personnel?
MS. GARVEY: The first point is it has to be
fundamentally changed. Federalization is one option, as the secretary said. The
cost to it is about $ 1.8 (billion). But that's certainly one option. Another
option that's been proposed, and I know the task force or rapid-response team is
looking at, and that is a not-for-profit corporation with a board of directors,
with a dedicated part of the ticket tax or a dedicated part of the PFC. But I
think the principle is it must be fundamentally changed, whether it's
federalized or a not-for-profit corporation. Those are two alternatives.
SEN. MCCAIN: Mr. Secretary, the rapid-response task force
is going to report to you on October 1st. How quick are you going to have a
legislative package up for us after that?
SEC. MINETA:
Even though -- Senator McCain, the report or the task force report will come to
me. But every day we are staying in touch with those task forces in terms of
their recommendations. So it's not that I'm waiting until the first of October,
but as soon as that report comes in --
SEN. MCCAIN: Ms.
Garvey, do you --
SEC. MINETA: -- we will have specific
legislative recommendations where they are necessary. Some of it may be
possible, given present law and given the appropriation that was passed last
week.
SEN. MCCAIN: Ms. Garvey, do you believe that
there's anything within reason that the FAA could have done differently to
prevent the tragedy that happened last Tuesday?
MS.
GARVEY: I've asked myself that every single day, Senator. I think we always,
whenever there's a tragedy like this, you have to ask yourself that question.
Are there things that you could have done differently? I do think, in the face
of an individual who was willing to commit suicide, in the face of an individual
who was willing to use a plane as a weapon, it was a very difficult situation.
It has changed the way we think of our own security.
All of our security directives -- and I spoke with Ken Mead about this
at length yesterday -- all of our security recommendations in the past have been
geared toward explosives. If you look at many of the recommendations that the IG
has put forward and the GAO, it has had to do -- and our own -- it's had to do
with combating explosives. This was a whole new world for us.
SEN. MCCAIN: Well, let me point out, in September '96, the Gore
Commission asked that security screening companies develop uniform training
procedures for all security screening personnel. In his 2000 report, the
inspector general for the Department of Transportation discussed a test that it
conducted in which the IG sent an armed individual through secure areas in
airports, in some cases illegally boarded an aircraft. We've had study after
study, commission after commission, come before this committee and issue reports
and recommendations that called for significant changes --
MS. GARVEY: To the screeners in particular, Senator.
SEN. MCCAIN: -- on a broad variety of areas. And in all candor, many of
those recommendations were either not taken seriously enough or not
implemented.
MS. GARVEY: Senator, just one note on the
screeners. As the secretary mentioned, the training requirements are ready to
go. Quite honestly, we pulled all those back and saying, given what we see now,
are those really the right requirements that we want to put in place?
SEN. MCCAIN: You have aviation security equipment now
sitting in warehouses because we don't have the lack of funds for
installation?
MS. GARVEY: We have had some difficulties
with the equipment, yes.
SEN. MCCAIN: Thank you, Mr.
Chairman.
SEN. HOLLINGS: Senator Burns.
SEN. BURNS: I think the administrator has struck upon something,
because whenever you get a person that's willing to die and use themselves, no
matter what kind of screening we have, you're almost faced with an impossible
situation. How close does the Department of Transportation work with our
intelligence people about the traveling public?
SEC.
MINETA: Senator, every morning I get a briefing from the CIA about threats,
about things that are going on in the intelligence world. And, again, if I were
to look back at all the reports since I've been there on the 25th of January --
and I get briefed every day, every morning -- and I asked the CIA, including our
own security people, Admiral Underwood, "If you took all those things that we
know now, is there a matrix, with that information that we had, that would have
pointed to anything close to what happened on the 11th of September?" And
everyone says no. You just can't do it.
For the first
time, we had a commercial airliner turned into a lethal weapon. People boarded
with plastic knives that can be as sharp as metal knives. They had box openers
with a blade this long, razor-sharp. And under the then-existing threshold,
those passed the security; and so that's why the heightened security
requirements, the screening requirements. But I do get intelligence briefings
every day.
SEN. BURNS: Well, I want to submit to you
that there's probably something on each one of us here this morning in this room
that could be used as a lethal weapon. I sit right next to a man right here that
was using one, and that's a regular pen. This is a lethal weapon. It can be used
as a lethal weapon. It doesn't have to be a knife or anything like that.
I guess, you know, us old farmers, we've always carried a
pocket knife. Now I'm going to have to keep a pocket knife in Montana and one
here, because I ain't gonna get one in between. But there's nothing -- around
this table, anything can be used. This broken glass can be used as a lethal
weapon, and that's hard to guard against.
I guess where
I'm going with this is that here was an operation that was in the planning
process for, I would say, as much as two years. And no one had a clue -- not one
leak or had a clue that this thing was in process. And I find that really
disturbing that, somewhere along the line, involved was 50 to 100 people, but
there was no indication anywhere that this operation was being planned or --
(inaudible).
So what I'm saying is I think we should,
number one, look at our intelligence and how we fund it and the information that
we collect, and also in the area of civil defense. World War II taught us a
mentality on how to think about how we defend our country, and it gave us the
mindset that we survived the Cold War. This incident -- and it now gives us a
mentality on what we're going to do as far as civil defense and a mindset to
defend ourselves against these kind of actions.
So
we've got to start changing our mind, our process a little bit, on what we fund,
how we fund it, in the security, because if a person wants to be a human bomb,
there's nothing we can do about that. A person can walk into a restaurant. I
mean, it goes on around the world, and there's very few things that we can do
about it in a free society.
So our equipment -- I think
we're going to have to have visible uniformed security screeners in airports to
build the confidence, to put the confidence back in the American people that
it's safe to fly. They want to see some visibility where there's security. And
with that, we have to show some signs, kind of like it's the duck on top of the
water that looks pretty comfortable and not doing much, but underwater we've got
to be peddling like the dickens in our intelligence and our security and the way
we do business now and the way we watch the movements of people.
So -- and I have no recommendation, because it's going to take somebody
smarter than I am. But I think we can throw good money after bad if we operate
in the same mindset that we thought about security prior to 9/11/01. And so
that's why I say, are you in touch with the CIA? Do they brief you on the
movements of people? And, of course, I think we're in a different kind of a
situation.
And I thank the chairman. I look forward to
other questions that might be asked by this committee.
SEN. HOLLINGS: Thank you. Senator Wyden.
SEC.
MINETA: Senator, let me just -- Mr. Chairman, if I might just comment.
SEN. HOLLINGS: Yeah, surely.
SEC.
MINETA: There is no question that what happened on September 11th has changed
the world for all of us. Normalcy is trying to restore economic vitality. And
part of this whole process, I think, is that all of us, all American people, are
going to have to show patience. And that patience is a form of patriotism that
they're going to have to exercise, because life is not going to be as it was on
the 10th of September. And so the mindset for all of us is vastly different in
terms of how we approach issues, the urgency in which we deal with issues.
I know, since I've been there, trying to get rules and
regulations out of the department, pushing on them to try to reduce that time
line, to deal with issues in terms of what we do as a department differently
than we have in the past, and you're absolutely right. That requires a mindset
that is totally different from where we have been in the past. And I believe in
the agency, in the Department of Transportation and in the Federal Aviation
Administration, as well as all of our other modes. We are in a different mindset
today.
SEN. BURNS: Well, hindsight's always 20/20.
SEN. HOLLINGS: Senator Wyden.
SEN. WYDEN: Thank you, Mr. Chairman. Mr. Secretary, in recent days I've
outlined a 15-year pattern of inaction on this issue. Even on the certification
question, in 1987 the General Accounting Office issued those recommendations to
tighten up the screening procedures. And here we are today and it still hasn't
been done.
I will tell you, today I'm not interested in
the blame game. There's plenty to go around. But what I'd really like to hear,
Mr. Secretary, from you is that this time the government's response is going to
be different. I don't think, for example, that we can wait till October 1. I
mean, we're hearing once again the pattern of recommendations and various
efforts to study them.
I think what the public wants to
hear is that this time, not just our mindset, but the government's response is
going to be different and you're going to break the spiral of more tragedies,
outrages, recommendations, and then slow-motion implementation. And I'd like to
give you the opportunity to tell the public this morning that this time you're
going to break that 15-year pattern and things are going to be different.
SEC. MINETA: I think it was broken at about 9:15 a.m. on
Tuesday when I ordered down over 4500 aircraft. And the skill of the air traffic
controllers and the pilots and the flight-deck crews across the country brought
those airplanes down safely in less than two hours. And from that moment on, we
have been trying to rebuild the system, including with different rules, new
rules. And we did that because the president wanted to restore the aviation
system, and I said on Tuesday that I hoped to have it back in the air by 12:00
noon on Wednesday.
There were a lot of practicalities
that prevented us from moving to be able to open up the system by 12:00 noon,
because there were going to be new procedures that were going to be required
right then and there, and we couldn't put those procedures in place to ensure
the security and the safety of the system by 12:00 noon.
So the first plane went into the World Trade Center at 8:48. At 9:15,
9:20, we were looking at a different world. I apologize if that was too slow,
but we are making differences in the system, in rules and procedures. And so we
are not laggards. And I will put my record on the line at this time.
SEN. WYDEN: Secretary, again, I'm, (a) not interested in
any blame game, and (b) I think what you did in the specific instance you
described was very welcome. What I'm interested, though, is knowing whether the
government is now going to be persistent and relentless in making the changes
for the long-term. For example --
SEC. MINETA: The
answer is yes.
SEN. WYDEN: That's what I wanted to
hear. That's what we're interested in working with you on.
Second question that I wanted to explore with you, Mr. Secretary, is a
matter of general aviation. It's very clear that there are significant
vulnerabilities there. They're described in the news media. Apparently, in many
respects you can just put your money down and walk on out and nobody really
knows much of anything with respect to the security risks there. In your view,
how serious are the problems there, and what is it that, again, you want to do
with a new approach to change it?
SEC. MINETA: Well, as
you know, general aviation is not just someone getting in a Piper Cub and
deciding to fly around. It also includes corporate aircraft and others. It also
includes air taxis. It includes charters. It -- it includes a different -- a
wide range of different aircraft. And they were not allowed to fly until, I
believe it was on Sunday that we allowed the IFR flying, the instrument flight
rule, which requires a -- a filing of a flight plan. It requires an airplane to
have a transponder. And we allowed IFR flying, I believe, to proceed on
Sunday.
General aviation, VFR flying, was kept on the
ground until last night. And last night, we approved and forwarded to the
National Security Council -- or yesterday we forwarded our recommendations on
general aviation with VFR flying. The recommendations that we made were modified
by the National Security Council. There are some 30 airports around the country,
major airports, in which they will not be able to fly. There are a number of
general aviation types that will not be able to operate. And so there have been
a number of restrictions that have been placed on the general aviation community
by the National Security Council in their condition to approve what recommended
to them.
SEN. WYDEN: Well, let me ask you just one last
question, if I might, because I do think on general aviation and cargo -- I
mean, Federal Express pilots, for example, are asking for changes in rules with
respect to cockpit doors, and I hope that, again, this is something that you'll
stay with. And I want to wrap up by asking you a question about technology.
We have heard, for example, that there are new
technologies out there that could, for example, create a sort of autopilot
function that would make it essentially impossible to fly into a building. I
would like to know whether you think that that is credible, whether those
technologies are credible, and that we should be working with you to promote
them.
SEC. MINETA: Well, this is an area, I think, in
which I'd be very reluctant to see us legislating certain solutions. There have
been a lot of suggestions as to how the security of the airplane might be
accomplished. One of the things that happened in this instance -- the first
thing they were ordered to do, or if the -- if the hijackers, the terrorists
took over the airplane -- the first thing they did was turn off the transponder.
The transponder gives us speed, altitude, and the ident of the aircraft. The
question was, should we make it impossible for the pilots to turn off the
transponder? Or maybe when it rotates off the runway it becomes and auto switch
that can't be turned off.
The problem is that, as I
understand it, if there's an electrical malfunction, they want to be able to
turn off the transponder if that's the source of where the malfunction might be,
so that it doesn't affect the rest of the aircraft. You could also do that by
pulling the circuit breaker.
But, in any event, these
are items that are being looked at. There's just a whole array of items,
technologically -- Kevlar doors. There are doors in which when you close it,
pins go into the wall of the bulkhead. A lot of pilots say that one of the
reasons that we want to bust out of the door is because if there is fire, or
even in the case of doors there's a ventilation panel. And that's there not so
they can breathe in there, but that's -- so if in case there's sudden
decompression, there's the ability of the cockpit to be a safe environment. Now,
there are maybe other ways to deal with putting decompression panels in the
bulkhead between the -- between the cockpit and the cabin of the -- of the
aircraft.
But, you know, the other thing is, I suppose
someone could go in with a gas and put it up against the vent, but I can't
understand why anyone would do that, knock out the pilots, and that would go --
the plane would go down.
So -- but in any event, we are
looking at all of the requirements that might be there, and that's why our team
is an internal team with the input from --from the person who engineered --
chief engineer on the 777, the person who is a captain -- an active pilot in the
airlines.
And so we've got people who are advising our
FAA people who are trying to put the rules and regulations. And they're trying
to figure out those rules and regulations as they're going along -- not waiting
until the first of October so I can say, "Okay, go." I'm seeing those every day
in terms of recommendations, as to what direction they're going. And they're
getting practical, real world life opinions from people who have to deal with
these situations.
So, sure, too little too late, maybe.
But we're working at this, people in the department, people in the private
sector, trying to figure this out as quickly as possible.
SEN. HOLLINGS: Thank you. Senator Hutchison.
SEN. HUTCHISON: Thank you, Mr. Chairman. Mr. Secretary, I'm pleased
that you said we are going to address aviation security, but we're not going to
just fight the last war -- you are also looking securing our waterways, our mass
transit systems, our busses, our Amtrak trains, which are now serving so many of
the traveling public. But today we're talking about aviation security.
Ms. Garvey, the secretary mentioned my legislation that
passed last year, that was passed by Congress that would require better training
and education for screeners. You just said that those rules probably will not
come out because of other things you would like to add. However, the traveling
public is still working within the system that we have. What are you doing to
assure that there is better supervision and better screening at the airports of
our country?
MS. GARVEY: Well, let me clarify the first
point. The rules may still come out. We want to look at them very carefully. I
got a very helpful call yesterday from OMB from the fellow who heads the rules
office and said, "Look, I want you to know we've got a team ready. We ought to
all take a look at those rules, but we'll make changes. And your -- as the task
forces or other recommendations are coming forward, we've got a team ready to --
to go right into -- spring right into action so we can get whatever needs to be
done, done quickly."
In the short-term, there -- and
you're absolutely right, even if we put the increased training in place, that's
going to take a little bit of time just to train people and get them up to
speed. In the short-term right now, just about all the major airports, and most
of the mid-size airports as well -- in fact, I think really nearly all of the
airports are using local law enforcement officials, state police, in some cases
county officials, National Guard. We have supplemented, in any case where the
airport has asked, with some federal forces as those local screening points and
checkpoints.
The secretary had talked with us the other
day about even expanding the use of AIP money. And I think this gets to -- a
little bit to Senator Wyden's question as well -- that in the short-term, you
can use those AIP monies perhaps to reinforce and to reimburse some of those
local officials so in the short term you can -- you can beef up those security
checkpoints.
In addition, in a conference call on
Monday, we asked all of the major airports to pull together at each one of their
airports the station managers and the security companies -- again, the security
companies are hired by the airlines but at the local level -- bring together the
security companies, the station manager, go through the guidance, make sure that
if there are questions still remaining, get those answers. So, we're trying to
work it not just at the national level, but from the local level as well.
SEN. HUTCHISON: Will the FAA monitor those local and state
efforts at the major airports of our country to assure that there is more being
done at the screening than is -- has been done before?
MS. GARVEY: We have directed our security officials to do exactly that.
I have to also, though, be realistic and say that right now there are a number
of other security issues, so they're doing a lot of things. I spoke with the
inspector general the other day about using some of his forces as well. So, we
will do that, and we'll draw on other -- other federal offices to help us in
that.
SEN. HUTCHISON: Okay. Let me ask you this: when
we're talking about aviation security, we're talking about airport and we're
talking about aircraft. We're talking about federalizing the screening process
and the air marshal system, but there is also the patrolling function at
airports, especially outside the screening area. What is your recommendation
about whether it should be a federal role to take over all airport security, or
leave that to the local law enforcement officials with better coordination?
MS. GARVEY: Well, that is exactly the issue. That is
exactly one of the points that the rapid response team is discussing today. When
I -- when I -- very early this morning I met with some of them, and one of the
-- one of the points was something that you had raised earlier. Might it make
more sense, for example, to combine the screeners with the air marshals, with
other forces at the -- at the airport, and combine that into one security unit
so that you have a sense of career progression, for one thing, and you have a
much more robust force. I think that's something that we have to look at very,
very carefully. And I know that is going to be one of the -- one of the
considerations that -- that the secretary will -- will probably be forwarded to
the secretary.
SEN. HUTCHISON: Well, at --
MS. GARVEY: And I think that's a very interest -- I think
that's something that is well worth -- well worth looking at, because it may not
be enough. We have focused on screeners. We started the discussion around
screeners. But it may be important to go a little further. I'm anxious to hear
from some of the experts -- airport officials as well on that.
SEN. HUTCHISON: Well, of course, we want to put that in a bill that
would be going through Congress this week and next week. And I think a career
track could really enhance the quality and the experience level of the
screeners, and also, of course, the air marshals.
Also,
Ms. Garvey, I wanted to ask you -- we've been talking about our aviation system
in our country. Are you considering it to be a requirement of any foreign
carrier that would have access to our airports, that if we require an air
marshal, that they provide the space and allow an armed peace officer of our --
if we request it, to be given a seat on their aircraft?
MS. GARVEY: Yes, we are. Yes, we are, senator.
SEN. HUTCHISON: Let me just ask --
MS. GARVEY:
Let me just add one other note to that. In the past our whole focus with the air
marshals has been much more international, because that's been a concern. So
there have been discussions and similar arrangements with foreign carriers in
the past --
SEN. HUTCHISON: Well, I think certainly
--
MS. GARVEY: -- redirecting some of them.
SEN. HUTCHISON: -- we're giving them the permission to
land; we should have the ability to set certain requirements. My time is about
up. But I just want to say one other thing. We have talked. I have talked to all
the airline CEOs, with Senator Rockefeller -- all of you have as well. But I do
not want to forget the airports and their role in this, their concerns, their
loss of revenue as we are talking about shoring up the aviation system, because
it is so important to our economy. We must also include the role of the airports
in that security and in the financial health of the overall industry. Thank you,
Mr. Chairman.
SEN. HOLLINGS: Thank you. Senator
Allen.
SEN. ALLEN: Thank you, Mr. Chairman.
Administrator Garvey, I want to thank you for the last Thursday afternoon
meeting with so many people in this entire region concerned about Reagan
National Airport. And I think that you are well aware that this is a concern to
our area. We -- every member of this committee understands and shares security
concerns. And I think you recognize that there are over 10,000 people who are
now applying -- or can apply for unemployment benefits now just from Reagan
National Airport. And the multiplier effect is five to seven times greater as
far as jobs lost, with the economic implications being tremendous in this
region.
I would also add that while everyone looks at
it as Reagan National Airport, it is also really managed with Dulles Airport.
And to the extent that Reagan National Airport is closed, that has a direct
impact -- it's part of Dulles Airport in the way that the Metropolitan
Washington Airports Authority handles it -- including not just paying off the
billion dollars in bond for the renovations a few years ago, but also for the
even more significant improvements being made at Dulles Airport. So that needs
to be considered.
And we know that millions of dollars
are being lost everyday. And as Secretary Mineta mentioned, there's a particular
airline that may go under. And we all know what trouble they were in based upon
your statements, and obviously the chairman's as well.
I would ask you, Secretary Mineta, whether you have an update for us as
to when -- when a decision will be made by the FAA and the Department of Defense
and the Department of Transportation and the Secret Service regarding this
airport's -- Reagan National Airport -- what date or when -- do you have any
idea when you will make a decision?
SEC. MINETA: I
can't give you a date. We are --
SEN. ALLEN: Do you
have a range?
SEC. MINETA: We are working every day
with the National Security Council on this issue to come up with variations.
Remember, one of the conditions for reopening National or Reagan National
Airport is that there would only be approaches from the south and departures to
the south, which is fine to say. But there are laws -- airlift -- you can't fly
if the wind isn't coming into you. And so something like -- I've forgotten the
exact percentage, but it was somewhere in the range of 35 percent of the flight.
If you restricted it to south approach and south departure, it would only be
about 30 or 35 percent of the flights that had previously been operational at
DCA that would be able to continue on in the future. So there are requirements
there that from a practical airport-airline operational perspective that we are
working every day with the National Security Council about -- What about this?
What about this? -- and so -- but I cannot give you a date as to when an
approval might be coming.
Let me turn to Administrator
Garvey and see if she's got a crystal ball.
MS. GARVEY:
I wish I did have a crystal ball. I can tell you that yesterday the air traffic
staff was with the NSC all day long working on what some options are. And I
really do believe that they are -- they want to see a resolution on this as
quickly as possible. But as Senator McCain said, we want to make sure we are
addressing all the security issues as well.
I do
understand that they brought in some additional outside threat experts and so
forth. And I think that's welcome. We can use all the help of course that we can
get.
SEC. MINETA: One of the suggestions I had made was
that we put an air marshal on every departure out of DCA and every arrival
coming into DCA. Now, that takes alone something like 830 flights -- of air
marshals just to tie up for a airport.
SEN. ALLEN:
That's with the reduced demand for air travel and some of the flights that have
been canceled --
SEC. MINETA: But you know every day we
have something like let's say 5,000 air carrier operations. That's not including
general aviation.
SEN. ALLEN: Well --
SEC. MINETA: A lot of air marshals.
SEN.
ALLEN: If some of those ideas are what it will take, I think it may be -- there
are many of us who are saying, All right, if that's what it's going to take. We
actually -- what I'd like to see, and I think the general public -- is some
factual or technical or operational case to be advanced why you would
distinguish Reagan National Airport compared to other urban center airports,
whether it's Logan or LaGuardia -- and clearly New York City was a target -- and
have some factual basis why there is a security threat.
SEC. MINETA: Let me turn to Deputy Secretary Jackson.
MR. JACKSON: Senator, I would just volunteer that we understand the
importance of this issue, and particularly your ability to bring together the
community in the Northern Virginia area to focus on these issues is most
welcome, and we would volunteer to meet with you on an ongoing basis as these
plans evolve and discuss options with you. We try to stay in touch with the head
of the airport authority as well in this regard. But I would personally be happy
to make certain that we stay very closely with you as we explore these
options.
SEN. ALLEN: When you talk to the Secret
Service folks, do you bring up the concept in light of what you have just said,
the concept that was advanced at that meeting Tuesday afternoon -- let's say a
phased-in gradual approach towards --
MR. JACKSON: Yes,
sir, that has been an integral part of discussion.
SEN.
ALLEN: Well, that would be a good first step if you can get them to agree to
that --
SEC. MINETA: The question about flights within
500 miles or 300 miles -- and all of those options have been talked about in
terms of expanding the operation so that the shuttle might be the first to be
reinstituted. But we recognize that this is not just a Reagan National Airport
issue. Because if you don't operate out of here, you don't operate in
Martinsburg, West Virginia, you don't operate in Charlotte, and you don't
operate in a lot of places. So it is not just National. It is -- it is national
in scope, but it's more than just Reagan National Airport.
SEN. ALLEN: My time is up. Thank you, Mr. Chairman. I have further
questions, but --
SEN. HOLLINGS: Senator Inouye.
SEN. INOUYE: Thank you very much. Mr. Secretary, I'd like
to ask a few parochial type questions. The state of Hawaii is a rather unique
state. It's separated from the mainland by an ocean. The state itself is made up
of seven inhabited islands. When your order was issued grounding all aircraft,
several things happened that would not happen elsewhere. For example, we were
not able to carry two donated kidneys for kidney transplants from one island to
another. There were other similar type emergencies that we were not able to cope
with. Would your agency favor any sort of special waiver for the state of
Hawaii?
SEC. MINETA: Well, I think in all instances now
flights for instance like that would be able to proceed today. Even after we had
the -- ordered to have no aircraft operations, we must have granted -- I don't
know -- I would be guessing -- a couple hundred exceptions from Wednesday,
Thursday, Friday, Saturday -- until Sunday when we opened up general aviation
VFR. We had requests for exceptions, and we looked at those on a one-on-one
basis, and we did grant them. Today I think --
SEN.
INOUYE: In the case of Hawaii --
SEC. MINETA: Today I
think that there is pretty -- except for again the specifics on general aviation
as they relate to flight schools and there's just a -- civil aircraft, VFR,
flight training operations, banner-towing operations, sight-seeing flight
operations, traffic watch flight operations, airship and blimp operations, news
reporting operations -- in the 30 major airport areas those are excluded. And I
think to the extent that the kinds of -- I think now most are now considered.
And in thinking about Hawaii, except for I guess -- except
for Honolulu, general aviation would be able to operator.
And let me turn to Administrator Garvey, because I think those are the
only exclusions as it relates to Class B airspace.
MS.
GARVEY: Senator, in terms of -- the secretary is right -- most of the general
aviation restrictions are lifted -- many have been lifted. But I would
underscore that if there -- in the case of a medical emergency -- even last week
waivers were given. So I apologize if you made a request and it wasn't honored.
It absolutely should be. Medical emergencies should be absolutely honored. There
were some specific issues in the state of Alaska that is also dependent on
aviation too that we had to deal with in those early hours and first few
days.
SEN. INOUYE: On the VFR operators, there's some
uncertainty as to certain types of activities. We have been told for example
that the scenic tour helicopters are still grounded. Why?
MS. GARVEY: Senator, we are working very closely with the NSC as we
sort of phase in the elements. And that was one that there was still a level of
discomfort about it. There have been some difficulties I think -- I think from
their perspective.
But, again, we are working this
every day. That lift of the restrictions was put in place last night, so many of
the other operations that people have been clamoring for will be able to resume,
or did resume as of last night. We'll continue to work those issues with the
Security Council -- continue to work those issues among the aviation
communities, and just will keep in very close touch with your office to make
sure that you know as those restrictions are lifted.
SEN. INOUYE: I realize that these matters are not of great concern when
you look at the problems of this nation, but I hope you'll also look at hang
gliders. I can't see the national security concerns for hang gliders. But that's
restrictive, isn't it?
MS. GARVEY: You know, that one I
am going to have to go back and check. I actually thought that one was all right
--
SEC. MINETA: I think that would be permitted outside
of what we call the enhanced Class B airspace. So if someone is over in Kona
wanting to do ultra lights and hang gliding --
SEN.
INOUYE: The only place you can do hang gliding as of this moment I believe is
Niihau, Lanai and Molokai.
SEC. MINETA: I would say
that under what we have authorized and given the fact that it is not Class B
airspace, it would be allowed to fly.
SEN. INOUYE: I am
grateful if you will look at all these little problems for us.
SEC. MINETA: I will look at that specifically and get back to you,
sir.
SEN. INOUYE: Thank you, sir.
SEN. HOLLINGS: Thank you. Senator Breaux.
SEN.
BREAUX: Thank you, Mr. Chairman. I thank the panel for being with us. Senator
Kerry and I were talking early on when the hearing first started that while
today we concentrate on aviation problems, you know, if we were in a terrorist
group it would probably be the last area that we would go to for a second hit on
this country, and we would be looking at other ways to create havoc on the
American public. And I think that other areas of transportation obviously also
have to be considered -- railroads for instance, which the security getting on a
train is almost nonexistent as an example; or passenger ships that have
thousands of passengers that leave every day from ports in Miami and New Orleans
and on the West Coast as well. These are all areas that I think under the
umbrella of the Department of Transportation we are going to have to take a look
at. And, with the chairman's permission, the Surface Transportation Committee is
going to have a hearing on security at railroads in particular, and also on
ships, which carry thousands of people.
I'll tell you
what I'm for. I'm for the government doing the inspections at the airports --
the inspection of passengers when they come on, doing the security at the tarmac
and around the airport. We should not be concentrating on how cheap we can do it
but how good we can do it. And not only I think it gives us a better result; it
goes a long way to bringing about the confidence that the American people need
to regain in order to start flying again. So I think the government should do
it.
I think we should consider arming the
pilots -- not necessarily with pistols, but certainly at least with stun
guns that are capable of incapacitating a potential hijacker. I think we ought
to have sky marshals on planes that are going from vulnerable airports,
potentially vulnerable, that also are at least armed with stun guns to disable
hijackers, if one should happen to try to take over a plane.
And, finally, I think that clearly we ought to secure the cockpit. I
mean, whether it's with metal or steel or titanium -- I mean, we make tennis
rackets and golf clubs out of titanium -- certainly we can make a cockpit door
out of something that can't be pried open with a fork, or something even less
strong as a fork.
We talked about what could have been
done. Had we had a secure cockpit door, the chances are those hijackers could
have never gotten into the cockpit. And I think that science today certainly is
capable of providing us a secure cockpit door that can be opened from the inside
by the pilots when they have to get out, or other emergencies -- but cannot be
opened by passengers. Does that put that passengers at risk? Maybe so. But at
least the pilot could get the plane down, and they wouldn't have the ability to
crash it into the World Trade Center. So I think those are things that I am
for.
And you know, talking about the security, I mean I
have always been sort of mystified -- and maybe you can give me just a rationale
-- I am not asking this question to be a Monday morning quarterback. But when we
have passengers going through all of the security to make sure that you don't
have penknife or a pocketknife or a gun or the tool that Senator Nelson pointed
out, it's interesting that after you get on an airplane, certainly if you are
sitting upfront in first class, when they serve you the meal they give you a
meal, and wrapped in the napkin is a metal fork and a metal spoon and a metal
knife. We actually give passengers knives on airplanes. I mean, what's the
rationale? I am always -- why do I have a knife -- they just told me I couldn't
remiss bring one on the plane -- then when I get on the plane they give me
one.
SEC. MINETA: Senator Breaux, have you been on the
airplane since --
SEN. BREAUX: Not since Monday. But I
mean --
SEC. MINETA: You won't get it.
SEN. BREAUX: I understand. But for years we've allowed that. I mean,
what was the rationale for that? I mean, it's our fault, it's your fault, it's
all of our faults -- we gave knives to passengers.
SEC.
MINETA: You will not get a knife. I don't know how I am going to eat that steak
or whatever, but there ain't going to be a knife there.
SEN. BREAUX: Well, the other point is in looking at all of these
options -- you know, there is an article, Mr. Jackson -- and, Norm, maybe you
could answer this too -- I mean, on the front page of USA Today in one of the
sections, I guess the Money section. It says an official at the General Services
Administration says that the very task force that you all have set up is
illegal, because it doesn't comply with the Federal Advisory Committee Act of
being diverse in the make-up of the committee. It says that the Federal Advisory
Committee Act requires that membership of an advisory committee be fairly
balanced in terms of the points of views represented. Is that a problem? Is that
what we are talking about?
SEC. MINETA: I don't know --
why would GSA even get into that for one thing? But --
SEN. BREAUX: Well, the guy that says it is Jim Dean, General Services
Administration. His job is to ensure that government advisory groups comply with
federal laws. I mean, I am glad you've got -- I support what you are doing. But
I'm concerned that --
SEC. MINETA: Senator --
SEN. BREAUX: -- is illegal.
SEC.
MINETA: We checked this with our general counsel. It does not come under FACA,
the Federal Advisory Commission Act. That is why it is an internal employee
rapid response team with our ability to talk to experts from the private sector.
And we cleared this to make sure that we didn't have a FACA problem.
SEN. BREAUX: Well, GSA says you do, and I just hope that
you -- (laughter) --
SEC. MINETA: I hope I made that
clear! (Laughter.)
SEN. HOLLINGS: A what problem?
SEN. BREAUX: FACA problem. Well, I am concerned. I support
you on this thing. I think you ought to have the advisory committee that can
give you the advice that's helpful to you. But General Services is challenging
you on that, and I mean I hope that we take steps to make sure -- Mr. Jackson,
do you have a comment on that?
MR. JACKSON: The
secretary is right: We have worked with our counsel and the government counsel
on this, and we are certain that we are operating effectively, and we will
double-back with individuals --
SEN. BREAUX: Because if
you need help from Congress, I am sure that there would be people willing to try
and make sure that you're all right on that particular issue.
MR. JACKSON: Thank you, sir. We'll obey the law and get the job done
fast.
SEN. BREAUX: Okay, good. Thank you all. Thank you
very much.
SEN. HOLLINGS: In deference to the remaining
members of the committee. Senator -- I mean, Secretary Mineta has to leave at 12
o'clock, so let's try to shorten the questions. Senator Nelson?
SEN. NELSON: Thank you, Mr. Chairman, Mr. Secretary, Madam
Administrator. I certainly embrace the recommendations that have been made here.
And on the basis of what I learned yesterday, I want to give you a couple of
more recommendations. At both Orlando and at Tampa, with the aviation directors,
they both made the case to me that we should reopen curb-side check-in, because
they felt that it was as safe as the at-the-counter check-in, because those
employees, the Sky Caps at the curb-side, go through all of the security checks
and the training with regard to the bags as much as to the counter personnel at
the airlines. That was what was stated to me yesterday, and that was at two
major airports. I wish you would consider that.
Secondly, the question of airports being put into different categories
-- Category X, which Orlando is -- Tampa is a Category 1. Fort Lauderdale, that
I mentioned about the weapons coming through, is a Category 1. If by virtue of
an administrative decision about a different categorization of the airport that
there is a lessened security, which the implication to me yesterday was that
there was, then -- and I'll give you an example. Anybody going to the ramp in
Orlando had a badge that had a computer chip that in order to get access from
the terminal out to the ramp -- for example the baggage handlers -- that badge
was swiped, and up came the employee's image -- their picture -- on the computer
screen. That was not the case in the Tampa airport, which was the Category 1. So
if there's a difference on the security, particularly with regard to for example
catering personnel -- Monday night on the flight to Florida, the flight
attendant said to me, Look, I've been here 25 years with this airline -- they
have done checks on me completely. What about the catering employee that has
been hired for two weeks that has access to the airplane? So the question of the
security there.
And then, furthermore, I would
respectfully ask that the committee and you all consider that as we federalize
the security people that allowed that knife to come through that I showed you
last Friday -- and I can give you the details -- and, by the way, it didn't
happen just in one terminal; it happened in several terminals. They were
ticketed. The law enforcement people of the sheriff's office were ticketed
passengers. They did not board the plane. They did it at several checkpoints.
All of the security failed Friday after the Tuesday disaster.
Since then, however, things have gotten tighter. But the question is,
who ought to perform that function? What we've heard here today is that it
shouldn't be the airlines contracting for that function; that in order to get to
greater security degree, everybody here has talked about federalizing. Well,
what about the aviation authorities themselves, who have a security force in
place with high standards that they monitor from a central control room? What
about possibly them doing it instead of federalizing it? The idea is to get the
greater degree of security to catch those kind of lethal items that I showed you
a few minutes ago.
SEC. MINETA: There's no question
that -- I cited an example to Administrator Garvey of an airport where the crews
did not go through security on Sunday. And so I said, "Tell your FSMs, your
federal security managers." See, one of the concerns I had as we were
implementing this is, just as when I was chairing the Aviation Subcommittee in
the House, we had airplane mechanics who were pencil- whipping as to whether or
not they checked something on the aircraft. They'd go right down the line --
"Yeah, yeah, yeah, yeah, yeah."
I told Administrator
Garvey, "Make sure, because your FSMs are good friends of airport directors,
that they don't just sit there and pencil-whip that those airports were doing
certain things, that they were adhering to the new security measures," because
when I saw or heard about this example of a person who phoned me and said,
"Norm, I never went through airport security" -- it's a requirement that
everybody goes through airport security.
And so, yes,
there are some of those things that we've got to plug the hole to make sure that
our own people are adhering to these standards. And we're trying to monitor
those and stay on top of them as much as possible.
On
the earlier example -- this is what Tampa does -- does Tampa also have a
fingerprint machine or a retina examination procedure? No, because that's
determined by the airport. Each airport determines what they're going to use as
a screening device. And so there are standards that we establish. The question
of how those standards are done at each airport is the responsibility of each
airport, and then it is the responsibility of our federal security manager to
make sure that the airport is adhering to those standards.
So I wouldn't say -- and we don't have these security standards by
category one, two, seven, eight, 10, whatever. Security standards are uniform
across the board except for maybe just general-aviation airports, where -- and
even that has become a concern to me. If I go down somewhere and get on a
charter, am I going through security? Are my bags checked? So, anyway, we're
looking at that now. Maybe I could have Administrator Garvey expand on that
whole issue about security by categories of airport or -- again, catering
personnel you mentioned -- absolutely.
There are a lot
of people who are on the ramp, but we're, under the new, stringent measures,
saying they've got to be properly badged. And if they're not badged, they ain't
on the ramp. But again, those are the rules and regs we set out there. Is anyone
observing them? We want to make sure that our federal security managers are on
top of those kinds of things so that you don't come to me and say, "Well, guess
what happened. Here's the leather man that got through," as you did here. I
carry a leather man. I don't anymore, but I used to in my briefcase have one all
the time.
Jane.
MS. GARVEY:
Three very quick points. One is that the secretary is right; we have basic
standards, and then airports can add to it if they'd like. We've always felt
category X was a higher risk; those airports were a higher risk. So, therefore,
we have a security manager at those airports. But you're right; I heard from
Fort Lauderdale yesterday and said, "Could you consider putting a security
manager there?" We are looking at that because we do believe that's
important.
The issue of the caterers -- anyone who is
in the secure area must have an approved badge. We are asking -- more than
asking -- we are requiring airports and airlines to validate those badges. I
won't get into a lot of details because of the security implications, but let me
simply say they are validating those badges. If you have access to the secure
area, you must have a badge that's been validated by the airline or the airport
presently.
SEN. HOLLINGS: Very good. Senator Boxer.
SEN. BOXER: Thank you, Mr. Chairman. Mr. Secretary, Madam
Administrator, I know you both really well. I guess I have one strong request
that I want you to keep in your mind. You don't have to write it down because it
isn't a specific improvement, because I agree with so many of them that have
come out, and I've talked to you about them.
It's an
attitude and a mindset that I think Senator Wyden is trying to get at. I want to
know, when you are sitting across from the president, when are you sitting
across from the vice president, that there's only one thing in your head: What
happened on the 11th and how to make sure it doesn't -- I don't want you to
think about, "Well, what will it cost?"
And, Norm, I
know you well enough that when you talked to Senator Allen and said, "Well, one
idea is to put a marshal on every flight going in and out of Reagan National,"
you kind of rolled your eyes, because I know you, and I know how you -- and you
sort of said, "Gee, that's 800 flight marshals." Please, we voted -- I never saw
a vote as strong -- $ 40 billion as the first vote, putting all other concerns
aside. How much of that money is going to go to make our airports safe? I was
voting for it believing that a lot of it would do that.
It will cost $ 2 billion to put an air marshal on every plane. That's
what we've calculated. Maybe it's $ 3 (billion), maybe it's $ 4 (billion). And I
believe we're going to see fewer flights, I think Senator Allen is right on
that, once this thing all gets around. We're going to see fewer flights. And I
think that's okay, as long as our airlines could be healthy and run fewer
flights and run them full.
But all I want to know from
you -- and I'm not even going to ask you a question; I'm asking you to think
about this -- that those people will have died in vain if some bureaucratic
mentality takes over or some budgetary consideration. Let someone from OMB yell
about it. But I want you both to be there saying, "I've calculated this. I know
it's a lot. But I can't look the American people in the eye unless I know that
it's going to take me 'x' billion a year and I'm going to spend it right, and
here's how I'm going to do it." I need to know that you'd do that.
I want to get into something we could -- I want to talk
about Reagan for just a second, because I hear the frustration of my chairman,
because his people are left in a lurch, and that is an economic nightmare. And I
understand it. And I'm wondering whether you've looked at ways to put some of
those shorter hops out of other airfields around this area.
I'll tell you the reason. I don't think you need to be a genius to know
what these terrorists did to us. They hit an economic symbol in the World Trade
Center. And Jay, you and I -- you remember, and John, where we were when we
watched it happen. They hit a military symbol at the Pentagon. And I believe
they wanted to hit a political symbol. I could be wrong; I don't know. I'm
thinking that may be it.
So I understand why there's a
great concern around the NSC for air traffic right over our heads. I understand
that. Frankly, I'm glad they have control. But I differ a little bit with my
esteemed chairman on the point, because I think you're under a lot of pressure
that they're not under, frankly. But I would love to see us do something pretty
soon to save the people who are relying on Reagan National. And I'm wondering if
you've looked at how to get some more gates up and running for those people who
rely on Reagan National. Have you looked at that issue?
SEC. MINETA: Well, first of all, U.S. Airways has, I believe,
transferred seven flights of the shuttle from the DCA operation to Dulles. You
could -- part of the problem is we don't have enough gates right now at Dulles.
But airlines are looking at what alternatives they have.
SEN. BOXER: Are we helping them?
SEC. MINETA:
Pardon?
SEN. BOXER: Are we helping them look?
SEC. MINETA: Helping them in --
SEN. BOXER: Yes, in trying to figure out how to do this?
SEC. MINETA: Oh, absolutely.
SEN.
BOXER: Okay.
SEC. MINETA: Absolutely.
SEN. BOXER: Okay. All right. Well, I want to stress that.
SEC. MINETA: In terms of air-space allocation, in terms of
gate- space allocation, whatever. You know, we're not in a command-and- control
system where we can say, "Delta, move over here."
SEN.
BOXER: No, I understand. I'm not -- I'm glad you're helping --
SEC. MINETA: But whatever their needs are, we are helping. I mean, this
is what the president said to me.
SEN. BOXER: I only
have time for just one more. I want to get to one other area and then I'll stop.
I just feel so bad for those people who rely on -- it's not my people, but it's
a lot of people, and so I hope we can help.
The last
question: I want to deal with the cockpit issue, because I feel the frustration.
But I won't get into the past. Right now, today, while we wait figuring out if
we can use a new type of door, et cetera, we could put a heavy bolt. It won't
cost that much. And yet I read, Mr. Secretary, that you didn't want to put out
any rule because you're waiting to hear, and so and so.
I would encourage you. We need to take action today to secure that
cockpit. So I hope you'll think about a cheap and simple way a heavy bolt door
would -- whether the bolt will cost $ 1,000 or $ 5,000 or $ 500 is something I
don't know. That ought to be coming down from you. And I'd like you to comment
on that.
And last, do we have video cameras in the
cockpit that give the pilot a chance to look at what's happening in the cabin?
And, if not, maybe this is an inexpensive way to do something tomorrow to buy an
inexpensive type of machine that, if somebody in the -- if there was a
disturbance or somebody took out that camera, the pilots would have a sense that
something's wrong. Could you comment on those rather inexpensive ways to act now
rather than wait for your commission and your committee --
SEC. MINETA: It's not a commission. It's not a committee.
SEN. BOXER: -- and your task force, et cetera?
SEC. MINETA: These are FAA employees. I don't know what I
have to do to explain this.
SEN. BOXER: Okay, wait
until -- it isn't funny, because I think we could we do something today.
SEC. MINETA: Of course it's not funny.
SEN. BOXER: I think we can put a bolt in there today.
SEC. MINETA: Of course it's not funny. I'm the one who ordered these
planes down.
SEN. BOXER: I wasn't talking about you --
talking about the people out there. I complimented you for doing that.
SEC. MINETA: So in terms of the cockpit and the video
camera, these -- again, we're looking at every plausible alternative. And we're
not the only ones involved. Airlines are involved in this process. Airline
pilots --
SEN. BOXER: Have you looked at a video camera
and a bolt, that you could order that without it being any extraordinary
expense?
SEC. MINETA: Cameras used to be in the
American Airlines cockpit.
SEN. BOXER: Looking at the
passengers?
SEC. MINETA: Oh, no, no. They had their eye
on the runway.
SEN. BOXER: No, no, I'm talking about --
let me just repeat the question. Maybe I should ask Mr. Jackson. Have you looked
at, or Jane Garvey, doing this right away, a heavy bolt to go on the door and a
camera in the cockpit that looks out at the passengers and what's happening in
the cabin?
MS. GARVEY: The bolt is one of the issues
that the pilots and flight attendants have suggested, and that is under
consideration. And frankly, it's just looking at what the logistics are, how you
do it and so forth.
SEC. MINETA: How long would it take
to get a certificate to do that?
MS. GARVEY: We'd have
to do that very quickly.
SEC. MINETA: And to
retrofit.
MS. GARVEY: That's what we have to --
SEC. MINETA: And one of the things we're doing is saying
that, whatever the airlines do, out of that money that you appropriated last
week, those are eligible expenses for reimbursement.
SEN. BOXER: Well, that's exactly what we wanted.
SEC. MINETA: Well, you got it.
SEN. BOXER:
Good.
SEC. MINETA: We're just waiting right now for
someone, whether it be an airline or for -- as I said, I'm not waiting until
October 1 to come with these actions. I'm waiting for --
SEN. BOXER: And the answer -- have you considered a camera that looks
out at the passengers?
SEC. MINETA: Yes.
SEN. BOXER: Thank you.
SEN.
HOLLINGS: Thank you very much.
SEN. BOXER: Sorry I took
so much time.
SEN. HOLLINGS: That's all right. Senator
Kerry.
SEN. KERRY: Mr. Chairman, thank you very much.
Mr. Secretary and Madam Administrator, let me begin by complimenting you. I
think the decision you made was an extraordinary decision. It was the right
decision. You executed it effectively. And there is some evidence that there may
well have been other mischief that was averted because of it, and you deserve
our thanks for that. And I wish you would convey, Madam Administrator, to all
the controllers and those in the system how proud we are of the job they did. It
really showed a discipline and a capacity, I think, that was exceptional.
I think, for better or worse, this kind of situation
obviously has a lot of people afraid. There's even a little panic in the air.
And there shouldn't be. No question in my mind it's safer today to fly in the
United States of America than it has been in months, if not years. And clearly
the events of the 11th and the steps that you've taken since have heightened
security levels. And I don't think any American should fear, in the current
construct, getting in an airplane. I just don't believe that.
Terrorists always seek out the next weakness, and they will. And the
greater concern for the United States is going to be thinking about the things
we haven't thought about. (We have?) a terrible way of fighting the last war or
fighting the last campaign, and so is the next one that comes to bite you.
To that end, I think you have no choice but to federalize.
And there are ways we can clearly make it safer, even as I say I believe it's
safe to fly today, and I absolutely believe that. But we can make it fool-proof.
We can make it safer. We certainly can guarantee that never again will an
aircraft be used as a weapon, directable into a building. And the doors are
obviously one component of that. And I understand and appreciate the
certification issues and the need to do that correctly. But it can be done, I
think, relatively fast.
And with respect to Reagan
Airport, you know, one of the strongest responses to terrorism is defiance. And
I think we need, as an act of defiance, not to consider shutting Reagan Airport.
I also think, as a matter of safety -- I agree with what Senator McCain said. If
there's an issue of safety, I'm with Senator McCain, as we all would be.
But most of the pilots flying those aircraft, the aircraft
in the United States, are ex-U.S. military pilots -- United States Air Force,
U.S. Navy. And the concept that, you know, you have a pilot risk is
inconceivable. There isn't a pilot in America in the last days who hasn't said,
"They'd have to kill me, tie me up," as they did, in order to take control of a
plane.
If you don't have access to the cockpit, you
can't make it a weapon. And if the pilots control that, it may be tough, as a
matter of policy, but we have to be tough. If a terrorist knows there's no
access, no terror in the cabin is going to open that door, then they'll start
thinking about different things. Does that mean the plane could go down? Yes, it
does. But so could the restaurant explode. So could this Capitol, under certain
circumstances, and we all know that.
The next thing I'd
say about Reagan is the screening. If you combine the lack of access to cockpit
with a significantly augmented capacity in screening, and even marshals, whether
it's on every flight or not, to be determined, then the north river route fears
that we all understand really disappear. And there's no reason to panic and not
recognize our capacity to provide security. You could even have a
preferred-pilot system. You can have all the pilots who are eligible to fly into
Washington pre-cleared.
I mean, there are all kinds of
ways to approach this. Even on charters, fixed-base operators become part of the
system. Fixed-base operators even might be considered to be licensed; certainly
clearance checks. They become part of the process. I don't know many charters in
America where the people who get on the charter don't know each other and where,
in many cases, they aren't U.S. companies that are pre-clearable and so forth
and so on. All of this is manageable if we kind of stay with common sense and
thoughtfulness.
Now, with respect to the real issue
here, airport security and the clearance issue, it's true, isn't it, that the
companies that currently are utilized bid, do they not? And the bid process
encourages low bid, does it not? Is there an audible --
SEC. MINETA: That's correct. You're correct.
SEN. KERRY: So if you have a low-bid bid process, which is hiring
minimum-wage employees with minimal training, we're not providing the kind of
screening, are we, that we are potentially capable of?
SEC. MINETA: We recognize that.
SEN. KERRY:
Having recognized that, and recognizing that it is also a law enforcement issue
-- and this is not just a matter of screening somebody. If an airport has
information about potential people on a watch list or certain kinds of people or
screening, that's an FBI-shared information. It's a CIA-shared information. It's
a process of intelligence, which is perhaps the single biggest gap in the United
States today with respect to any war on terrorism. And I don't know how one can
contemplate an adequate screening process that allows us to get on with the
business of moving the country forward economically by making the airways safe,
without having a standardized system with accountability, with capacity to share
information between law enforcement agencies, with procedures that apply at
every single airport, and with accountability and a chain of command that gives
the American people confidence.
Now, isn't that a fair
statement of the benefits of federalizing?
SEC. MINETA:
It is, sir. And those are -- in terms of standardization, levels of training --
all of these issues are paramount with us in terms of standards to be met as a
screener.
SEN. KERRY: And final question: Is it not
fair to say that if you have that level of screening, and you have a cockpit
impregnability, a plane cannot become a weapon again?
SEC. MINETA: I would like to think so.
SEN.
HOLLINGS: Senator Rockefeller.
SEN. ROCKEFELLER: Thank
you, Mr. Chairman. Thank all three of you very much. The -- I agree that flying
is safer than it's ever been. I also agree that in a post-last Tuesday
psychology this country and its people and all of us to some extent focus
exactly on what happened at the World Trade Center, and tend not to think of all
the other things that might happen in the way of terrorist attacks. I mean, I
happen to believe that one of the silver linings, if there were any of last
Tuesday, were two great unknowns -- one hidden and one simply ignored; that is,
aviation security, aviation as an important factor in our national economy,
financial viability on the one hand, and intelligence, particularly human
intelligence. You know that that attack was not -- did not go through a series
of human discussions not conducted on the Internet between people. Had we had
people penetrating in there, then we could have known this. So all of a sudden
these two issues -- one taken for granted, the other simply not understood, rose
to the top of the national agenda, along with national security as a whole.
Having said that, and having said that I think aviation is
safer than it ever has been, we are talking about improvements. In the
conversation that Senator Hutchison and I had with a number of the CEOs and a
number of other people, there was this feeling that, for example, on the doors,
on modifications within the cockpit -- do you put a lavatory for example within
a cockpit so that the pilot doesn't have to come out, or that there's a warmer
inside so that the lunch or dinner doesn't have to go in, and people don't see
that? That there are some 7,000 commercial airlines in the air, or potentially
in the air, and this can't be done at all quickly.
I
would like to get your sense of how quickly do you think that we could begin to
move once we have made the decision between -- you have made the decision
between kevlar, whatever else it might be -- adequate cockpit aspects, security,
that we can proceed to make those changes, pay for those changes, see them
happen? Because that will directly affect -- because it will be reported on
extensively public confidence, which in turn will put people into airplanes,
which in turn will satisfy some of the problems we are going to be discussing
this afternoon, financial viability. Seeing the improvements happen as opposed
to saying -- 7,000 -- that's too much -- we can only do that on new airplanes
that we build later. We can't reconfigure now. I'd welcome your thoughts.
SEC. MINETA: First of all, on securing the cockpit, there
is in this legislation that will be coming up to the Hill a certain amount of
money that will be able to go to the airlines for the retrofitting of their
aircraft for the heightened security requirement, including things like a
hardened door, including maybe modification of the electronics to deal with the
transponder or to deal with the communications system, so someone doesn't come
in and say, Turn off your radio and your transponder -- it's going to be out of
their control. Those modifications will have to be done -- and I would have to
defer to Administrator Garvey as to what the time schedule would be. I think we
can compress that schedule as quickly as is practicable. But, you know, everyone
sort of sites El Al as the example of an airplane that may be the least
vulnerable. But I believe their door does not meet FAA standards, or it's not
certified by the FAA. So even if we were to put -- say, hey, man, that El Al
door is really good, and put it on every U.S. aircraft -- I don't believe it's
certified by the FAA as an acceptable approach right now.
Now, it -- it -- I believe, and I'll have to defer to Administrator
Garvey, but she'd have to talk to the time line on whether -- how quickly we
could do this. But, our -- our direction from the president on down is whatever
has to be done, get it done as quickly as possible as it relates to, again,
safety, security, and the stability of the aviation industry.
SEN. KERRY: Not waiting for the convenience of newer airlines to be
build, in other words --
SEC. MINETA: Right.
SEN. KERRY: Yeah. Okay. Second question -- last question,
so that everybody gets a chance to talk with you both -- and that is on
technology. I know that -- I know that there's a lot -- you have your -- you
have your explosive detection -- detection system. There's a -- there are a lot
of other types of technologies which could be enormously rapid in terms of
airport safety, passenger safety, checking, getting on -- biometrics, for one --
eye or facial recognition, fingerprints, things of this sort. What I wanted to
get was that we're not -- when we look at what we're going to do in terms of
inspecting people as well as baggage, that it isn't simply going to be the best
of what we currently have, but that there is an ongoing sense of research and
development now, much enhanced, to make sure that we have rapid -- more rapid
ways of data collection, data comparison -- face, eye, all the rest of it -- so
that you can match things together much more quickly and resolve that
quickly.
SEC. MINETA: We are exploring all of those
possibilities -- I mean, whether it be a person putting in their hand for
fingerprinting that then gets run through FBI in a very short period of time,
whether it be explosive devices, whether it -- retinal examination -- what kind
of technology might be there -- all of those are being -- are being explored,
and some of them are already available off-the-shelf for utilization. And for
the airlines, it may mean cost. So then they get very, you know, they may take a
look at it a second -- take a second look at it. But again, under the
legislation that we're -- we're looking at, those kinds of heightened security
measures, I'm quite sure would fit to be -- for reimbursement from the monies
that you folks (may ?) appropriate.
SEN. KERRY: And it
should be. Thank you, Mr. Chairman.
SEN. HOLLINGS:
Thank you. Senator Stevens.
SEN. STEVENS: Thanks very
much, Mr. Chairman. Each of you, Mr. Secretary and Ms. Garvey, have brought us
experience from the past administration and we're proud of you. As a matter of
fact, we wouldn't be sitting here, based on information I have received --
(inaudible) -- sitting here today -- Norm, if you hadn't said "Pull them all
down." So, I think any implication here from anyone that might think that you
haven't already thought about all the things we've discussed so far, I think is
wrong. We know you, and we trust you. And I want you to know that I personally
am grateful to you for what you did to try and recognize the situation in Alaska
and Hawaii as quickly as you did. I do have a couple of questions, though, about
that, so I'd like to get right to it.
First, there's no
relief that's been suggested for the Part 135 operators. Their losses are small
compared to the others, but they're enormous compared to their size. And I would
hope that we would somehow or another catch up with them before this is over.
For the benefit of some of my colleagues, the president doesn't have $ 40
billion -- he's got $ 10 billion. The next $ 10 billion comes 15 days after we
have received a plan. The next $ 20 billion comes as individual bills are passed
to make it available. So, we've got a lot of time ahead of us to review some of
the things that you can do. I do hope you get access to as much as possible of
that $ 10 billion. That was our intention. As a matter of fact, we wanted to
make the full 20 available, but there were some people that wanted to review
plans, and take time, and it will take time, but I certainly don't think you
ought to be criticized for taking the time you've taken so far.
I do have a little problem about one reg, and that is you have now
really totally prohibited our (comby ?) operations in Alaska -- our combination
cargo and passenger -- aircraft such as the 737-200s serve our regional hubs.
That means that they can go from Seattle and go out to Bethel or out to Nome, or
they can -- they can -- without them, we can have intra-Alaska hubs, but we
can't have the large hubs. I think it's going to increase the costs to our rural
areas, and I would urge you to take a look at that. I don't ask for your
comments about that now, but I would urge you to take a look at it.
Secondly, the FAA now requires, Ms. Garvey, background
checks for pilots but not for students. I would urge you to take a look at
that.
MS. GARVEY: We are, sir.
SEN. STEVENS: I think -- and I knew you would. But it does seem to me
that we ought to be more about -- when I get to that also, I believe we've got
another order -- I don't know how extensive it is now about pilot training. In
my state, as you know, more than 75 percent of all travel is by air. Our average
age for pilots is in excess of 50 years now. As a matter of fact, we believe
that of those who are flying twin engine planes, more than -- more than 60
percent of them are over 55. Unless we have a pipeline of trained pilots coming
at us, we're going to be in real trouble. I would urge you to look at that
restriction on pilot training. It makes no sense, in view of the increased
demand now from the Air Force to call up for the Reservists -- they're going to
disappear from our commuters and our intra-state flights here within days. I
would urge you to take a look at that.
Lastly, and I'm
not going to take all of my time -- I'm going to see you again this afternoon,
as a matter of fact, when we're talking on a joint House and Senate hearing,
some of us are -- but I would urge you to consider one thing. I have had to
bother you two, and some of your assistants so many times in the last few days
here, since the 11th, can you get some of the regional people a little bit more
discretion to deal with the exemptions, such as Senator Inouye mentioned? We had
organs in the air that were put down. We had med- evacs that were ground. We had
problems of getting the school teachers out to the schools. We had to get
exemptions for so many things. And the regional people know us. And we're
dealing with flights from Seattle north. I think Hawaii has a similar situation
for intra-state that we do. But I would urge you to give those people more
discretion to make the common sense exemptions on the spot -- for emergencies,
for traditional users of aircraft such as med-evacs. They're our ambulances.
My last comment would be -- I don't know if there's been
any restrictions on taxis in New York. There haven't been any restrictions on
busses in New York. There aren't any restrictions on planes going in and out of
New York. But guess what? We don't have any of those. We're totally dependent --
in a state one-fifth the size of the United States -- on air. And we just need a
little bit more understanding of that as we move forward, particularly in terms
of some of the costs that people seem to think can be easily absorbed by
airlines. We have people still flying World War II planes on a daily basis. They
can't be modernized that fast. And I do -- I do think that when we're
intra-state and we're dealing with planes that obviously cannot become a bomb,
that we ought to have some greater flexibility without coming to your desks.
But I thank you for -- each one of you -- for what you've
done to help us. And again, I congratulate you, Norm. I think that decision you
made saved more lives than most people will ever, ever know. When you called and
said, "Bring 'em down," you made the decision that save a lot of us, and I thank
you again.
SEC. MINETA: I appreciate it.
SEN. HOLLINGS: Mr. Secretary, let me associate myself with
the praise and the thanks of Senator Stevens. But, can you give us time for
Senator Edwards, Carnahan, Cleland, and Brownback? That's four times five is
twenty.
SEC. MINETA: Yes sir.
SEN. HOLLINGS: I'll ask them to cut it to four minutes a piece.
SEC. MINETA: Can we take a little break here before we
proceed?
SEN. HOLLINGS: Yeah. Yeah, well, we can take a
little break.
SEC. MINETA: Three-minute break.
SEN. HOLLINGS: Yes. Let's take a little break. Maybe --
(inaudible) -- at ease now just for a minute. Thank you.
SEC. MINETA: The question now is, where is it?
SEN. HOLLINGS: Come on. Come on here, Norm. Hey, no slowing down. Come
on.
(Three-minute break.)
SEN.
HOLLINGS: All right folks. The secretary is back, and let's have quiet as
quickly as possible here. And where is Senator Edwards. You better get in your
place.
Thank you very, very much, Mr. Secretary.
SEC. MINETA: Thank you very much.
SEN. HOLLINGS: Senator Edwards. Let's have quiet, please.
SEN. EDWARDS: Thank you, Mr. Chairman. And Mr. Secretary,
I want to thank you too. I want to join those who have --who have thanked you
before. We appreciate very much the service you provided -- the important
service you provided for us over the course of the last 10 days.
The truth of the matter is that we have, collectively, all of us, let
our guard down. And I think it's important that we not just address this attack,
but that we prepare for the next attack. And it seems to me that we ought to
have some basic principles -- broad, comprehensive, basic principles in
preparing for that. One is to have the right people in place. Two is to have the
right technology, the right and best technology in place. And three is to be
forward- looking. One of the concerns that I have is we've had lots of
discussion about some very important measures -- some of which you've already
taken, some of which are being discussed, including the security of the cockpit
being one, putting marshals on planes being another.
But the reality is we have to prepare for the next creative attack that
these terrorists are working on right now, and whether -- in terms of getting
the right people in place, whether we federalize it or not, which a lot of my
colleagues seem to support and I think makes some sense -- it's critical that
those people have proper education and training, no doubt about that. Second, it
seems to me we ought to take advantage of the best cutting edge technology
that's out there in this process. But third, and the thing that I think concerns
me the most is that we be forward-looking. I think many of us have been
concerned -- not about this specific kind of attack but about attacks of this
kind for some time. And, for example, chemical and biological weapons is one
example of a mode of attack that I think we need to be prepared for.
I'd like to first get your comment on those principles, on
making sure that we take a broad look at this issue, and not be overly focused
on the specifics of what happened last Tuesday -- although obviously we need to
prepare for that too -- but that we also be creative and forward-thinking about
what may happen in the future, which I think is a critical component of whatever
policy we develop as a response.
I'd like your response
to those issues first, and then I want to ask you a couple of specific questions
about potential attacks that have not yet occurred. Mr. Secretary.
SEC. MINETA: Well, first of all, as it relates to your
three basic principles about the right people in place and the right technology
in place, there's no question that that's what we're trying to do. When you're
talking about in terms of forward-looking --
SEN.
EDWARDS: Yes.
SEC. MINETA: -- again, I think that would
have to really be done in the context of a closed, secured hearing in terms of
what and where, because, again, as I said earlier, with all the information
we've got, could we have built a matrix even to hint about what happened last
Tuesday? Everyone says no. Everyone's got bits and pieces of -- you know, bits
and pieces of information. But to try to focus all those elements and have it
pointing in one direction in terms of mode of what would happen, how it would
happen, very little.
And so the very question you're
asking is something that, because we have pipelines, rail, all these other
modes, we're thinking about what is it -- you know, in terms of getting someone
to patrol pipelines with helicopters or whatever, those things are getting done
right now. Those things started last Tuesday; Coast Guard, in terms of checking
on passenger cruise vessels, checking on bulk ships, chemical, oil, whatever.
But this whole issue about forward-looking, you know, is
the part that's probably the most difficult, and it's something that Admiral
Underwood in our shop, working with the CIA and all the intelligence agencies,
FBI, we keep probing and thinking about these. I get the same -- you know, I'm
looking at these reports day in and day out; Jane Garvey, as well as her
security person.
So in terms of forward-looking, we're
trying to make sure that all the modes are thinking about these things in terms
of what's the best way to deal with it, dealing with the railroads, dealing with
the oil companies, dealing with pipeline companies, dealing with ports,
whomever. And so we --
SEN. EDWARDS: Do you agree with
the notion that those basic principles make sense, making sure we've got the
right people --
SEC. MINETA: Oh, absolutely.
SEN. EDWARDS: -- making sure we've got the right
technology and making sure that we are engaging in forward-looking --
SEC. MINETA: As you say, federalizing may be --
SEN. EDWARDS: That may be the answer.
SEC. MINETA: -- may be part of that.
SEN.
EDWARDS: Yeah, okay. Ms. Garvey?
MS. GARVEY: I would
absolutely agree, both with your statements and with the secretary. And I
believe that we are doing exactly that, focusing on those principles.
SEN. EDWARDS: Yeah.
SEN.
HOLLINGS: Very good. Now Senator Carnahan.
SEN.
CARNAHAN: Thank you, Mr. Chairman. I think clearly the goal of the terrorists
last week was to instill a crippling fear in America. They wanted literally to
bring us to our knees economically and politically. We've had others who have
tried to do the same. They did not succeed, and nor will these. I think our
response needs to be two-fold. We must act quickly to see that these attacks
never happen again, and we must act quickly to restore public confidence.
Mr. Secretary, obviously the new security measures are
important to protect the safety of the flying public, but these measures are
also important so that Americans regain confidence and continue to buy airline
tickets. I understand that after the Gulf War, Barbara Bush took a ceremonial
commercial airline flight to instill this kind of reassurance.
Are there things you think that we can do today, such as to have
perhaps a much-publicized celebrity flight or to have a professional sports team
take a flight to demonstrate their confidence? In fact, perhaps you could take a
highly-publicized flight and perhaps come to Missouri. (Laughter.) We would
enjoy that.
SEC. MINETA: In fact, I don't know if I
have it with me, but this is something that Administrator Garvey and I had
talked about, taking what I called a whistlestop, barnstorming commercial
flight, just (boom?), coming in somewhere, having a press conference, talking to
the local air traffic controllers, to the local press, getting on another plane,
going on to somewhere else and doing the same thing, and just barnstorming.
SEN. CARNAHAN: Well, let me know when you do that. I'd
like to join you.
SEC. MINETA: Pardon?
SEN. CARNAHAN: Let me know when you do that. I'd like to join you.
SEC. MINETA: Well, in fact, we were thinking about having
members of the House and Senate accompany us, as well as press. And we haven't
finalized those plans, but somewhere in my stack of stuff is the series of
airports and things we might consider doing.
SEN.
CARNAHAN: There's one other question, Mr. Secretary, I want to address, if you
would. It's sort of an auxiliary question, because you will not be here this
afternoon. As you know, we're --
SEC. MINETA: For the
Appropriations, the joint House and Senate Appropriations Committee meeting, I
will be.
SEN. CARNAHAN: But you will not be here for
our Commerce Committee meeting, though.
SEC. MINETA:
Oh, no. No, ma'am.
SEN. CARNAHAN: As you know, we are
currently considering providing financial relief to assist the nation's airlines
with their efforts to overcome their financial troubles associated with last
week's terrorist attack. I'm convinced that we must pass a comprehensive
financial stabilization measure for the airline industry that would address the
liability question in a meaningful way.
But I also
believe that any relief package for the airlines must include an additional
component to provide assistance to displaced workers. This Congress must
demonstrate that while we stand ready to bolster the airline industry, we are
also committed to supporting the men and women who are the heart and soul of the
industry.
I'm working with a number of my colleagues to
craft a proposal that would provide trade adjustment assistance benefits to
these displaced workers from the airline industry. News reports this morning
indicate that the administration has come out with a proposal for an airline
relief package, but I have not heard mention of aid for any of the displaced
workers. What are your thoughts or the thoughts of the administration on
including such a provision in an overall stabilization package?
SEC. MINETA: As a result of what happened on Tuesday, a DCPC was set
up, a Domestic Consequences Policy Committee, because there are a lot of
consequences that impact on a domestic basis rather than the foreign policy or
military policy issues.
The president has very clearly
talked about making sure that present programs relating to unemployment
compensation, trade adjustment assistance or retraining programs be part of the
whole consideration of what we're doing. Now, that's not in the jurisdiction of
the Department of Transportation, but those are on the president's menu of
things that the Domestic Consequences Policy Committee is doing.
SEN. CARNAHAN: Thank you very much. I appreciate hearing that.
SEN. HOLLINGS: Senator Cleland.
SEN. CLELAND: Thank you very much, Mr. Chairman, and members of the
committee, distinguished panelists. I've been listening to what our colleagues
have been saying here and trying to think how I could add to the discussion. I
will say that I took my own whistlestop tour -- it was on a train -- on Friday,
going back to Atlanta. But I came back on Delta Tuesday afternoon. I spent a
good deal of time at Hartsfield talking to the management there, the security
people there, passengers there.
This is my conclusion.
I think we have to dramatically upgrade our technology and our people that do
the screening at the airports or else we will basically fail in our main mission
here, and that is to increase the confidence of the flying public in our
commercial aviation system. The clock is ticking on our airlines, as we well
know.
The phrase that FDR had a number of years ago, in
'33, comes to mind: "The only thing we have to fear is fear itself" -- blind,
unreasonable fear. And there's blind, unreasonable fear out there in American
hearts today about flying on an American commercial airliner. We have to address
that fear. We have to do some confidence-building measures.
And I think there are two that we ought to zero in on, two that have to
do with what the GAO has really called our weakest link. The GAO called our
x-ray process at the screening points our weakest link. But I think we have
another weak link. Before I get beyond the question of technology, I'd just like
to point out that Senator Edwards is correct, Senator Kerry is correct and
Senator John Breaux is correct. We need to think about maybe the next attack.
In that regard, we can think about biological or chemical
warfare. Georgia Tech has invented a sensor, just that large, that can detect
chemical and biological residue. This is the kind of technology that I think
we're going to have to instill in our screening process.
Secondly, I think we're going to have to dramatically upgrade our
people. Sadly enough, according to the National Academy of Sciences, there are
about 18,000 screeners that work in the United States. They cover some 700
security checkpoints. But the DOT IG has reported high turnover rates, anywhere
from 100 percent to 400 percent. And that 400 percent is at the busiest airport
in the world, Hartsfield, I'm sad to report. What do they make? Anywhere from $
5.25 to $ 6.75 an hour, without benefits.
The sad news,
as I've discovered here, Mr. Secretary, is that our screeners look at going to
work for Cinnabun as a promotion. We can't have that kind of culture now as our
first line of defense. I favor, as do Senator Kerry, Senator Breaux and some
others, the federalization of our screening process. I think that's the only way
we're really going to get at this problem of instilling some confidence in the
American people, providing the technology, providing the capability to really
get the job done. I asked our security people at Hartsfield exactly what they
recommended, and that seemed to be the unanimous opinion.
What do we have now? Unfortunately, we have a security company that
covers 17 of the 20 largest airports in the country where two of the four
hijacked planes originated. That company pled guilty to allowing untrained
employees, including some with criminal backgrounds, to operate checkpoints in
Philadelphia. The parent company was fined over a million dollars. It has also
pled guilty to falsifying test scores for two dozen applicants, hiring at least
14 security screeners with criminal backgrounds ranging from aggravated assault
and burglary to drug and firearm possession, and the highest advertised job paid
$ 8 an hour.
Now, we can do better than that. We are
going to have to do better than that. Congress, presidential commissions, the
GAO, the inspector general of the DOT, all over the last number of years, have
indicated that we have to do better on that screening process. The GAO looked at
five other countries that do screening at airports, and they found all of those
five had more extensive qualifications and training for screeners, had higher
pay and benefits for screeners, assigned responsibility for screeners to the
airport or to the national government, and had in place more stringent screen or
checkpoint operations.
As a matter of fact, the
British, in the wake of the Lockerbie, Scotland airline disaster where the plane
was blown up in-flight, have installed very highly-sophisticated x-ray machines.
And I think this kind of upgrade in technology, upgrade in people, is a tangible
way to begin reinforcing the view that it is safe to fly on American commercial
air.
Mr. Secretary, do you favor -- are you prepared to
share with us today your view that you favor this kind of federalization of the
screening process?
SEC. MINETA: I haven't come to a
real determination in terms of federalization, because there are various
meanings of that -- if these are civil service employees, or does federalization
mean making sure that private operators are going to be required to meet new
standards?
SEN. CLELAND: I'm thinking like a domestic
Customs Service. I mean, you have the Customs Service to look at people coming
into the country --
SEC. MINETA: As I said earlier,
yes, we have looked at that. It is on part of the things that we're looking at.
It would be the equivalent of, as I said earlier, 28,000-plus full-time
equivalents at a cost of close to $ 1.8 billion. If the Congress is willing for
us to do that, of course we would do that. But, again, there are a number of
items on that menu about how to deal with the screening, and the ultimate answer
is civil service of that screening operation. And I haven't come to the
conclusion yet that that is the best way to go.
SEN.
CLELAND: Thank you, Mr. Secretary.
SEN. HOLLINGS: Thank
you. Senator Brownback.
SEN. BROWNBACK: Thank you, Mr.
Chairman. I want to add my statement of thanks to the members of the panel for
the work that you've done here recently in a very, very difficult atmosphere.
And thank you for taking aggressive action and taking it quickly.
Administrator Garvey, if I could, I'd like to direct
questions to you, if you might, on general aviation. You've been to my state.
You've been to Wichita. I think you've been twice.
MS.
GARVEY: Three times, actually.
SEN. BROWNBACK: Three
times; that's even better -- to the manufacturers. You know the concentration of
general-aviation manufacturing that's taking place there. Boeing is also there.
It's now 30 percent layoffs, so there's a major impact.
I understand your concern on visual flight, limiting those flights
right now. I can see the tension that you've got about should we allow some of
these or shouldn't we, given the potential problems. I'm wondering in particular
what your thinking process is that you're going through on flight schools. Those
are the largest users of general aircraft, general aviation aircraft. And as I
understand, generally they operate under visual-flight rules. And they have not
been released, as I understand it. Have you got a timetable that you're thinking
of in doing this? Because obviously at some point in time these need to get
going again so we can train pilots.
MS. GARVEY:
Senator, as you know, last night we -- well, yesterday, actually, we worked
through a number of these issues at the NSA. And with the secretary's approval
and go-ahead last night, we lifted many of the restrictions that we had in place
for general aviation. But you're absolutely right. Flight schools was still an
issue where the regulations or the restrictions had not yet been lifted.
I heard an excellent suggestion today that perhaps if we
look at some of the -- or did a background check on some of the students -- I
think, given some of the history of the hijackers, there has been some concern.
But I took note of that recommendation and that suggestion and would like to
bring that back. Perhaps if we could do something like that, we might be able to
lift that restriction. And, again, this is in consultation with the NSC, who
are, of course, looking at some of the security issues involved.
But I know of the concern, not only in your state but in a number of
other states as well. The flight schools are very important, and a number of
them are very small businesses and this has an enormous impact. So it was a good
suggestion. We'll look at it and see what we can do.
SEN. BROWNBACK: Well, if we can put those students through some sort of
test or screening so that we can see maybe, and that might give us clues or
leads on future problems as well. But I think this is one that we need to try to
work out together, because clearly there's a tension here. I don't want to get
people in training that could be potential terrorists or use a general-aviation
aircraft for some sort of bomb delivery devices as well. So we need to look at
that very carefully. And I agree with doing that. It's just we're also going to
have to find a way that we can train pilots, and we're going to need to get some
of these general-aviation aircraft back up in the air.
Do you anticipate, then, that you will be doing this within the next
week or two?
MS. GARVEY: We are continuing to look at
these issues every day with the NSC. There are a whole series of issues that we
are working through every day. And I'm going to go back and talk to staff. And
the suggestion that was made here at this committee today may be something that
would sort of break that one loose. But we'll aggressively pursue it. I do
understand it's a real concern.
SEN. BROWNBACK: And I
thought Senator Stevens thought about giving some discretion on other general
aviation work to more regional administrators, and some of these calls might be
worth taking a look at. We need -- we cannot breach security issues. I think
those have to be the top and paramount one for us. But situations do differ in
differing areas, and general aviation is a very important thing in my state and
in many regions of the country.
I don't know if
Secretary Mineta, if you have had particular thoughts about this as well?
SEC. MINETA: Sir, many of the things that we do have to be
cleared through the National Security Council. So even if we delegated it to a
regional office, it would still have to be cleared to the National Security
Council and Security Council. And that's why I've held it here in order to --
because we are -- you know, these ideas or things that we are doing right now
are not engraved in marble. We go back every day and say, Okay, now what about
this? You know, yesterday we banned this, but can we lift it today? So it's an
ongoing process.
SEN. BROWNBACK: If I could before my
time is up, are you going back through a list of pilots of people that have
taken flight training? I presume everybody is going through those now to see
about potential other problems.
SEC. MINETA: The FBI is
doing that primarily.
SEN. BROWNBACK: Do we have good
records on individuals that have gone through flight training? Or do those
records need to be upgraded? What we are asking people when they take flight
training?
SEC. MINETA: Okay, I'll tell you -- we'll --
we could give you a classified briefing on that issue if you need it.
SEN. BROWNBACK: All right, thank you, Mr. Chairman.
SEN. HOLLINGS: Very good. Mr. Secretary, thanking you on
behalf of the committee -- and Administrator Garvey and Deputy Secretary Jackson
-- (Norm, only one ?) -- with respect to the folding the federalization of
security personnel, I could take a bill out here this afternoon and whip it
through both houses with almost a majority vote. Why? Because in Europe they are
for the federalization. Those security personnel at all the airports are
government employees. If they can afford it, we can. And in fact, after 9-11, we
must.
Point two, with respect to Reagan -- I wouldn't
allow any plane to fly off of Reagan unless that cockpit was secured. But what
you are seeing in having opened up the experts -- Dulles and Baltimore -- it's
safe enough to hit the White House from Baltimore and Dulles. Or specifically,
with respect to New York, it's -- we're really concerned about the safety of the
government down here in Washington, but not about the people of the government
-- because you can fly off of LaGuardia and hit the Empire State this afternoon.
So let's get with it and tell them to make some decisions and quit dillying
around. And, finally, since you're secretary of transportation, nine out of ten
containers -- we've had it and we have been trying to get the bill passed --
nine out of the 10 containers coming into the ports of the United States --
coming in at New York, Bayonne, New Jersey, and taken right down to Times Square
with up to 40 tons of anthrax blown -- and you don't have to send them to
driving school to get that done. So we have got a lot of work to do. And we have
got to get serious about it. But we can't -- while we're dillying around with
the Secret Service -- the president would still be down there in Louisiana. You
know what I mean?
SEC. MINETA: Mr. Chairman --
SEN. HOLLINGS: So let's get real. Let's think about it,
make sure you've secured that cockpit. But once that cockpit with the marshals
and the security personnel -- but particularly with the cockpit secured, then
you can open up Reagan.
SEN. NELSON: Mr. Chairman, may
I just add, you know, that we have been hit with the issue of the flight schools
in Florida so much and I would just add to that the simulators, because these
were people that just didn't go out and learn to fly a two-engine airplane;
these were people who had pinpoint accuracy at high rates of speed, accounting
for wind direction. And a lot of that has got to come from either the aircraft
itself or a simulator. And that's where we need the background checks as
well.
SEN. HOLLINGS: Senator Rockefeller and then
Senator Wyden, and then we have got to go, unless you've -- George you've got
--
SEN. ROCKEFELLER: Mine is real fast. Everybody at
the hearing this morning, and virtually all who considered this matter, have
made it an article of faith of assumption that screeners will be federalized. It
was unanimous. When the senator from Georgia asked you what your view was, Mr.
Secretary, you said you haven't made up your mind. And I was stunned by that.
That's -- I'm asking for a response.
SEC. MINETA: Well,
again, we have got all these items on the menu. And even though I may be the
secretary of transportation, I am also still the assistant to the president, and
to that extent -- or staff to the president. And there's OMB and NSC -- things
that we still have to -- that we have to clear it with. So to that extent --
and, you know, I am going to be talking about these at the DCPC as we have, and
I'm -- and I'll do that.
SEN. ROCKEFELLER: I hope
you'll mention to them your discomfort about not being able to ask -- answer on
national television something which the American people I think feel very
strongly about, and surely we do, because of the usual processes of
clearance.
SEN. HOLLINGS: Senator Wyden.
SEN. WYDEN: I'll be very quick. Mr. Secretary, the point
that the chairman and Senator Rockefeller have made is absolutely key. And the
point is that the Congress wants to work with you so that quickly we can
federalize this function and we don't have a situation that 15 years from now we
are having more GAO reports. We want to work in partnership with you so that
quickly a bill that comes with Senator Hollings and Senator Rockefeller actually
gets done. And I think that has been sort of the theme of this hearing, to work
with you in partnership so that we don't have 15 years of these reports once
again. And I thank you, Mr. Chairman.
SEN. HOLLINGS:
Senator Allen.
SEN. ALLEN: Thank you, Mr. Chairman. Our
next panel will be good for asking questions on remote guidance of aircraft and
so forth. And I would say that Senator Wyden -- hopefully our subcommittee could
have a hearing on the use of automatic ground control systems.
Let me follow up on the issue of general aviation. I am glad that but
for 30 areas VFR is now open -- at least as of last evening. That means a great
deal to underpopulated or smaller areas. It's also, whether it's in West
Virginia, Virginia, or virtually any state. How do you envision -- I'm asking
Administrator Garvey -- how do you envision this industry changing in the future
when it gets back to where you might consider it relatively normal -- how do you
see general aviation changing in the future after this tragedy?
MS. GARVEY: Well, I think we are already starting to hear from
officials of the associations in general aviation, and for members of general
aviation as well, that they want to look at their own security, look at the
issue of security with us. I give a great deal of credit to the fixed-based
operators who on a number of occasions over the last several days have stepped
forward with some very specific ideas on security, and I think that's good. I
think we are going to see the industry and that part of the community as engaged
with us on security measures as they have been on safety measures in the last
several years. So they are thoughtful, they're deliberative, they are smart.
They care a lot about aviation, and I expect we'll be working closely with them
on ways that we can make general aviation, which has a lot more challenges, even
more secure.
SEN. HOLLINGS: Let's go to Senator
Boxer.
SEN. BOXER: Thank you. Let me just very quickly
pick up on Senator Rockefeller's point. And it gets back to what I said about
your being at the table, looking at OMB, and telling them this is what you want.
I am sad that today you can't say, in my view, after all these studies, and all
the stuff that Max Cleland told you -- I am sure you know about -- people
checking our bags who are criminals, who look at it as a step up to working the
doughnut shop, that you could say to us you are intent upon making sure that as
in other countries in the world that these screeners have steady jobs, get the
respect and the training. And your answer is basically at this day, Well, you
know, I'm the president's -- I work for the president and I've got to sit around
with OMB and everyone else.
What I want you to tell me
-- and you haven't and you won't, and that's just the way it is, and I -- you
know, I would sacrifice my whole future if I felt we weren't doing every single
thing we could do. And this screening issue is absolutely crucial here. So I
just hope after this hearing, if you take away anything, is that colleagues here
are really ready to go. We want to work with you. We want to make sure that the
flying public is safe. Because I could tell you if they aren't then we'll try to
reroll this tape, and we'll all say at that moment did we really rise to the
occasion.
Mr. Chairman, I feel so strongly about this,
because I think it is the turning point today, right now, what we all do
together, and I just want you to be strong in those meetings, Norm. And I say
the same to Administrator Garvey. If you are not -- if this isn't your only
concern, the safety, then we haven't done much today, and that's what I am
worried about.
SEN. HOLLINGS: Norm will be strong.
SEC. MINETA: Mr. Chairman, let me just -- again, I don't
want you to have the feeling that I'm for the status quo. It's going to be
enhanced. It's going to be a hell of a lot better than it is right now. But I
can't guarantee you sitting here that these are going to be civil servant
employees doing the job -- and if that's the definition of federalization. If it
is the definition of federalization, I can't -- I don't think Jane is ready to
or Michael is ready to say let's make it a civil service program.
SEN. BOXER: But aren't there federal standards now?
SEC. MINETA: No, there are not.
SEN. BOXER: There are no federal standards for the screeners?
SEC. MINETA: That was Senator Hutchison's bill that gave
to the FAA the ability to come up with new training requirements, new screening
requirements. As Senator Cleland said, we know the company --
SEN. BOXER: And you would call that federalization?
SEC. MINETA: What's that?
SEN. BOXER: Having
better standards in place. And then leaving it up to the airlines -
SEC. MINETA: -- form of federalization --
SEN. BOXER: -- and leaving it up to the airlines to decide who those
people are?
SEC. MINETA: Based on our standards, we
could still do the screening, making sure that --
SEN.
BOXER: That sounds to be more like the status quo, but I have taken up too much
time --
SEC. MINETA: It is absolutely not.
SEN. BOXER: Too much time, sorry.
SEC. MINETA: I'm sorry to think of the -- to think about the screeners
as we know them today, absolutely not. This is going to be substantially
different. But if you are saying, asking me, is it going to be a federal civil
servant doing this work, I can't give you that answer right now. But it will be
enhanced. It will be a hell of a lot better than it is right now.
SEN. HOLLINGS: Making them civil service is the only way
to really get competent personnel and get the pay up and everything else.
But, that having been said, thank you, all three of you,
very, very much.