John Sammon, Assistant Administrator, Oral Testimony to the Subcommittee on Railroads, Pipelines, and Hazardous Materials
Testimony & Speeches
ORAL STATEMENT OF JOHN SAMMON
ASSISTANT ADMINISTRATOR, TRANSPORTATION SECTOR NETWORK MANAGEMENT, TSA
Before the
SUBCOMMITTEE ON RAILROADS, PIPELINES, AND
HAZARDOUS MATERIALS
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
UNITED STATES HOUSE OF REPRESENTATIVES
JUNE 25, 2008
Good afternoon Chairwoman Brown, Ranking Member Shuster, and Members of the Subcommittee. I am pleased to have this opportunity to testify on the collaboration between TSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT). I would like to highlight how our respective agencies have different, but complementary roles and responsibilities to protect the security and safety of our Nation's pipelines.
Authorities in Pipeline Security
To understand the context in which the TSA exercises its authority in the security of pipeline systems, it is important to review the transition of responsibilities from PHMSA to TSA and DHS.
In November 2001, the Aviation and Transportation Security Act established TSA within DOT. That act gave TSA the lead responsibility for security in all modes of transportation, including pipelines. DOT retained responsibility and authority for safety. In November 2002, when the Homeland Security Act created DHS, TSA was transferred from DOT to DHS.
In 2003, President Bush issued Homeland Security Presidential Directive 7 (HSPD-7), giving DHS the lead role in the protection of certain critical infrastructure, including pipeline systems. In 2004, a Memorandum of Understanding between DHS and DOT recognized DHS as having primary responsibility for security in all modes of transportation. The 2006 TSA-PHMSA Annex to that MOU further clarifies the respective agencies' roles.
The evolution of TSA's authority in transportation is most apparent in commercial aviation. The rules and responsibilities among airlines, airports, and the air cargo industry have become well-established. In the simplest terms, the FAA has responsibility for enforcing the safety and reliability of aircraft, and TSA has responsibility for the security of passengers and cargo on the plane.
Security rulemaking authorities in other modes of transportation are evolving. General aviation and freight rail will soon have clarifying regulations in place. Rules for training, security assessments, and security plans will cover highway, freight rail, and transit. Down the road, we are contemplating rules for pipeline and highway based upon best security practices and the direction of Section 1557(d) of the 9/11 Act.
Where DOT legacy rules govern security, those rules provide an important baseline, and TSA supports their efforts. As TSA continues its rulemaking focus beyond commercial aviation, TSA will build upon and supersede DOT's rules. That is the nature of our relationship.
Collaboration with PHMSA
I would like to assure the subcommittee that DOT, PHMSA, and TSA are aligned and work very closely together. TSA's Pipeline Security Division and the PHMSA staff communicate daily. PHMSA accompanies TSA on pipeline corporate security reviews. PHMSA attends TSA's pipeline security conferences. PHMSA is a member of TSA's Transportation Security Government Coordinating Council along with other important pipeline working groups. PHMSA participates in TSA's monthly pipeline security teleconference calls. The TSA-PHMSA MOU Annex working group meets at least quarterly to review and update action items in the plan.
TSA Initiatives
The core focus of TSA's efforts is on risk reduction and better security. The centerpiece of TSA's pipeline security program is the Pipeline Corporate Security Review. TSA assesses the corporate security plans and programs of the top pipeline operators. We then establish a baseline to evaluate security standards and identify coverage gaps. TSA ranks pipeline companies on a risk-basis as a means of focusing our security improvement efforts with those companies.
TSA's Pipeline Security Smart Practices reflect lessons learned from years of Corporate Security Reviews. TSA identifies and shares these best practices with pipeline industry representatives. Coupled with Pipeline Employee Security Awareness Training, TSA has helped to substantially increase the effectiveness of industry security programs by making training available to new pipeline employees.
For the last four years, TSA and Natural Resources Canada have hosted International Pipeline Security Forums to raise pipeline security awareness with leaders from the U.S. and Canada. Furthermore, six of the largest cross-border pipeline systems have been reviewed by joint U.S.—Canadian security assessment teams to identify security gaps and recommend protective measures.
In conclusion, TSA has worked hard with PHMSA and our stakeholders to clarify security and safety roles. Industry stakeholders have told us that they understand our respective roles, and they are not confused. Our TSA team looks forward to working in concert with PHMSA to further strengthen security throughout our transportation network. I would be pleased to answer your questions.
Thank you.
