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Nomination Hearing for Admiral David M. Stone to Serve as Assistant Director of Homeland Security, Transportation Security Administration

Senate Committee on Governmental Affairs

June 23, 2004

Thank you Madam Chairman. I would like to welcome Admiral Stone this morning. It's nice to see you again, Admiral.

Since its inception in 2002, the Transportation Security Administration (TSA) has been tasked with the mammoth challenge of maintaining the safety of travel in the United States. As an open society, we naturally resist measures that restrict our freedom and impede our day-to-day activities. Managing this juxtaposition of security and freedom is a difficult but necessary job. Admiral Stone, I commend you for your willingness to serve our country in what I'm sure will be a challenging position.

I recently heard about a comment made by a former colleague of yours, who currently serves as a TSA Federal Security Director (FSD), that I would like to share today. He said that when you were in training together to be the first class of TSA FSDs, everyone in the class agreed that you, Admiral Stone, were going to be the one to rise to the top of TSA. Praise from colleagues is among the most valuable kind, and I thought such an opinion should be made part of the Record today. Our transportation system is critical for our homeland security. Whether it is the attacks of 9/11, the USS Cole, the U.S. embassy in Kenya, or the U.N. headquarters in Baghdad – transportation systems have been exploited to execute terrorist attacks.

TSA has made some progress in securing air travel with added baggage screening equipment and security personnel, but more needs to be done. TSA's responsibilities extend beyond airport security and should therefore address all transportation modes. We must avoid the trap of only securing against past terrorist attacks and protect ourselves against terrorist tactics that have not yet been employed.

American seaports are one of this country's greatest vulnerabilities. While security at ports has improved, the level of improvement does not yet correspond to the crucial role ports play in our economy. My home state of Hawaii, for example, is equally dependent on its seaports and its airports. These are the only two ways Hawaii can access the rest of the country.

Yet the TSA budget proposal for FY 05 allocates only $24 million of its $5.3 billion requested budget to maritime and land security. That is less than one percent of the overall TSA budget. I realize that we, as a country, have put a high priority on aviation security since 9/11, and rightly so, but we also must protect our other modes of transportation.

Congress passed the Maritime Transportation Security Act (MTSA) in 2002 to increase the security requirements for U.S. ports. The July 1, 2004, deadline for implementation of many of the requirements of the MTSA is nearly upon us, and I am not convinced that our ports are ready. Less than one percent of port facilities and vessels have submitted a security plan that has been approved, as called for in the MTSA. Members of the Coast Guard have offered assurances that these plans will be submitted and approved by July 1st, but it seems unlikely since the deadline is less then two weeks away.

While much of the responsibility of port security has fallen to the Coast Guard and the Bureau of Customs and Border Protection, it is right to ask, "Where is TSA?" As the agency responsible for all transportation security, TSA has a responsibility for maritime and rail security. I do not believe its current budget structure adequately reflects that responsibility. I hope that, if confirmed, you will take a serious look at TSA's involvement in this area.

I am also concerned about the impact that airport security privatization could have on screeners, who are currently federal employees. It would not be right to strip them of their status as federal employees when just a few years ago they were recruited to TSA with the promise of joining the civil service. There needs to be a plan for how these employees' rights and benefits will be protected in the event that an airport opts to privatize. Those who are working to make our homeland a safer place should not slip through the crack.

I would also like to call your attention to the National Transportation Security System Plan (NTSSP) which has yet to be delivered to Congress. In September 2003, I expressed my frustration with delayed delivery of the NTSSP, and now, nine months later, it has still not been issued. Your job is too hard to do in a piecemeal fashion. There must be an overall plan guiding TSA's actions. While I understand it can be difficult to get reports to Congress within the assigned timeline, I would like to express my frustration that this plan is long overdue.

Admiral Stone, I hope you will give serious consideration to these concerns. I have heard good things about your leadership at TSA as the Acting Administrator, and I look forward to working with you in the future.


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June 2004

 
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