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QUESTIONS FOR ADMIRAL LOY

I. Philosophy/Principles

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

^ What principles should our recommendations flow from?

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

^ff Do you believe in the premise that you can stop the crazies, and the criminals but not the
committed terrorists with respect to homeland security measures (i.e.checkpoint
security)?

Do you believe the goal of homeland security should not only be to stop terrorism but to
reduce "terror." How do we take the terror out of terrorism? How do we engage the
public in protecting the homeland besides telling them to take a trip? To look for
suspicious behavior?

Do you expect fights about what qualifies as critical infrastructure and National Security
Events? What can we do to mitigate these controversies, such as debating and publishing
appropriate definitions?

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

Will the strategic plans that TSA is preparing have deadlines, mileposts, and the
requirements for authorities, manpower and money? Will these plans be public
documents subject to public comment, or "classified."
/'

Should we be encouraging Colleges and Universities to be offering more programs in


homeland security.

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

% Who should pay for what?


II. Administrative
(i.e.planning/organization/budRet/manpower/authorities)

it What additional statutory authorities, funding level and manpower do you need to
accomplish what you need to at TSA; IAIP?

Is/me Aviation Security Advisory Committee still intact? Should we have other modal
advisory committees?

Did'you acquire any functions under Border and Transportation Security you think
lould be sent to other agencies?

lere have been reports that TSA plans to start a "police force." Is this true? What
'would its role be?

Why were the FAMS transferred to BICE from TSA?

Strategic Planning for where we want to go: 10 to the minus nine in security, and the
checkpoint of the future to get us there.

What is your response to GAO critiques that roles and responsibilities particularly
between TSA and FAA are still ill-defined? What's the status of MO A's? What's holding
them up?

What's the status of strategic plans for air cargo and other areas?

What's the status of TRAVEL (Transportation Risk Assessment and Vulnerability


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

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


Modal Security Plans; Homeland Security Standards (best practices). Will the standards
be mandatory and enforceable?

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


partnership?

Budget Issues

What do you think of an Aviation Security Capital Fund (proposed bill)? What about
other modes?

Will diverting AIP to security hurt safety? How is this coordinated with FAA to be sure
we don't have such a tradeoff?
What steps have you taken to oversee the cost, schedule and quality of contractor
performance?

Manpower:

Have the manpower requirement for FAM and Screening force been based on strategic
plan and a needs study rather than budget driven.

III. Operations

Intelligence:

What is the status of watch list integration (9 agencies with 12 lists)? What are the
obstacles to a standardized, comprehensive interagency database that meets our needs?

What's the standard for being put on a watchlist for purposes of Transec?

What are the plans to collect terrorist and homeland security information collected by
state and locals? How well are we sharing information with them?

Do you believe the color-coded alert system is working as desired. Should alerts be
regionalized and/or localized.

Do you feel you are having effective liaison to TTIC, FBI, CIA, STATE. Are they being
co-opted by the host agency? Should you have liaisons to NSA and DIA?

Do we have too many Intelligence operations? Are they getting in each other's way? Is it
smart to start a new entity Terrorist Tracking Center, separating it from TTIC.

Identification/Access Control

What's your position on standardized drivers' licenses?

What are we doing to improve pilot certificate integrity, and to stop forged documents?

Since ID's are so important for access control, carriage of weapons, and CAPPS II, have
we looked at weaknesses in the chain of ID (SS, birth certificates).

Aviation:

Vulnerability Assessments
What are we doing to improve JVA's which were mainly checklists?

How is AVSEC coordinated with flight standards under TSA. Such coordination was a
problem under FAA (training etc.)? FAA's use of third party certificate agents means
someone can get a license without ever coming before the FAA?

Flight Schools:

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

Have we gone through pilot training lists of airmen certifican etc and compare them to
watch lists? Will we be doing so?

Prescreening/C^PPS177:

Should we have both a Trusted (or registered) Traveler program and CAPPS II? How
could they compliment each other?

Do we pre-scrub manifests?

What's the standard for getting the Red Light under CAPPS II: conviction; suspicion;
probable cause?

Is 8% still the target for "unknown risk" or "yellow" selectees?

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

Will the number of random selectees be tied to threat level?

Have any carriers signed up to test CAPPS II? Will you compel through SD or should
Congress make it contingent on their loan guarantees and grants.

Can't terrorists be "rooted" like Lyman Ferris? (CAPPS II will verify identity—How and
assess your rootedness.

How will domestic terrorists be defined?

Cargo:

Do we have a strategic plan with performance targets for air cargo screening and
protection?

MANPAD:
You were quoted as citing a "propensity for terrorist to get on the plane" rather than
shootdown with MANPADS. Why do you believe that?

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

Onboard Security

Do you believe FAMs are less essential because of the hardened cockpit doors?

Should FAMs be trained in explosives?

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

How big a role do you think blast proof containers should play in aviation and maritime?

General Aviation

What do you see as the vulnerability? Are we doing a strategic plan for GA? What do
you see as the primary measure we should be implementing?

International vulnerability including Canada and Mexico

Access Control

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


implemented. What classes of workers will get them, pilots? Will it be applied to
hazmat drivers and other modes (longshoremen)? Will the background check include
NCIC? What kind of biometrics will be used? Will we need new "readers" at access
points to use them? What crimes will make you ineligible for TWIC?

Should we have better access control around airports than fencing, such as cameras,
sensors etc.

Checkpoint screening

Why should airports be allowed to "opt out" of federal screeners. They have the same
counter pressures on customer convenience etc. as air carriers? Should state legislatures
be required to approve the airport's decision?

What studies is TSA conducting to look at human factors?

What's your response to the DHS IG report that screeners were receiving substandard
and that testing was too easy?
Are all the background checks complete? Did this include fingerprint/NCIC check?

Should we be doing more to educate the public about prohibited and restricted items?

Do we have a plans for developing the checkpoint of the future, and deploying next-
generation passenger screening that will check explosives? What is the status? How far
are we from being able to check for explosives?

There's been some concern that airport employee's are not being screened before
entering sterile areas and the Air Operations Area?

How do you respond to those who complain that while trace detection systems are
cheaper they are not as accurate or effective? Is the decision to use trace detection budget
driven?

Does positive passenger bag match make sense in this suicide era?

Is it wise policy to clear the ability to carry liquids through checkpoints? How does this
square with the 14 CFR's rule against "incendiaries."

Maritime:

Should container ships and other cargo vessels be required to file "sail" plans like flight
plans?

What countries, if any, are resisting having customer officer forward deployed?

Inter—modal preparedness.

Surface/Rail/High way/Subway:

Detection for CBRN.

Standardized identification/driver's licences

GENERAL

Should we have a database of contingencies with a checklist/phone numbers and response


protocols?

Are there any pending bills or legislative proposals you believe are key to improving
homeland security?
Do you see a domestic vulnerability stemming from Canada and Mexico?

How about AVSEC and TRANSEC at overseas airports?


QUESTIONS FOR ADMIRAL JAMES LOY
Dec. 10,2003

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

Border Security and Immigration Working Group. Original plan called for a Border Security and
Immigration Working Group to be in effect for two years in the Secretary's office. Does it exist? If so,
who runs it? What issues are they dealing with?

Homeland Security Council. What is the role of the Homeland Security Council in the day to day life of
DHS? What value, if any, do you see in the HSC for DHS? Who do you work with at HSC?

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


Is there a command and control strategy is in place for a fully integrated and seamless border and
transportation agency response in the event of another national emergency?

DHS Organization for borders.


Right now, border security is within DHS, but sprinkled throughout DHS, with the Coast Guard and
Citizenship and Immigration Services reporting directly to the Secretary, and others under Hutchinson,
(ISA, CBP, ICE).

• Policy integration between Hutchinson's Policy directorate and CIS


• Policy integration between Hutchinson's Policy directorate and Coast Guard
• Information integration between CBP, ICE, CIS and the Information Analysis
• on intel; fraud; visa policy enforcement; application of US Visit biometrics to CIS.

I Risk Assessment. You referred in your May 2003 testimony before Senate Appropriations a DHS (and
\) to a "threat-based risk management plan". Is there a risk management plan incorporating
immigration-related security issues? What is the current status of the plan? Does it incorporate
immigration-related border security (ie the flow of people)? We would like to obtain a copy.

Recommendations. What recommendations do you have for making DHS a stronger institution in the area
of border management? Information acquisition and analysis?

CIA Contributions. Numerous senior management officials at DHS have been briefed on some critical
new CIA tools that focus on terrorist travel documents. Their findings and formulas have been
significantly incorporated into computer modules, but to our knowledge are not incorporated into any DHS
system. What is your plan for incorporating innovative counter-terrorism tools from other agencies into a
high priority action plan at DHS?
Coast Guard

Terrorist focus. Did the Coast Guard when you were in charge focus in the context of your security
programs on the possibility of terrorist infiltration using merchant ships or other boats?

Terrorist episodes. Did the Coast Guard to your knowledge ever apprehend a known terrorist through a
narcotics investigation or otherwise? (1998-2001)

Fraudulent documents. Did the Coast Guard look at whether merchant mariner travel documents are
susceptible to fraud or are adequate for our security purposes?

Recommendations. When you left Coast Guard, what were your priorities for anti-terrorism and
counterterrorism for that organization?
O^ <A<V\JV.V )

'Su^
Ray Simmons^
6401 Battle Rock Dr
Clifton, VA 20124-2405
(703)222-6052
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