9/11 commissioners cite continued gaps in transportation security

The leadership of the 9/11 commission on Monday urged the Homeland Security Department to produce a comprehensive plan for infrastructure protection and to take over management and enforcement of lists that prevent certain people from flying on commercial airplanes.

Next month marks the third anniversary of the Sept. 11 terrorist attacks, but the federal government still lacks a strategic plan that identifies vulnerabilities in transportation sectors and prioritizes how to best spend billions of dollars, 9/11 Chairman Thomas Kean and Vice Chairman Lee Hamilton told the Senate Commerce, Science and Transportation Committee. They called on Congress to force the Transportation Security Administration within DHS to develop the plan.

"Despite congressional deadlines, TSA has developed neither an integrated strategic plan for the transportation sector nor specific plans for the various modes," Hamilton said. "Without such plans, neither the public nor Congress can be assured we are identifying the highest priority dangers and allocating resources to the most effective security measures."

Hamilton and Kean said TSA should be required to list all the various forms of possible attacks on transportation modes, including the tactics that terrorists could employ. The plan should identify different security layers in place to address each form of attack, and evaluate their reliability.

The commission believes the government should conduct risk-based assessments of infrastructure that takes into account the biggest vulnerabilities and the consequences of potential attacks.

"TSA is now nearly three years old. It has done much good work. However, the time for 'planning to plan' is past. We need specific blueprints that provide the architecture to defend critical transportation infrastructure," Hamilton said.

Asa Hutchinson, DHS undersecretary for border and transportation security, also testified Monday. He said a comprehensive strategic plan for infrastructure protection, including transportation security, will be completed by the end of the year, and every criteria set forth by the 9/11 commission will be addressed in the plan.

According to Hutchinson, the department is required to produce the strategic plan under Homeland Security Presidential Directive-7, which was signed by President Bush in December 2003. The directive orders the department to create an integrated National Plan for Critical Infrastructure and Key Resources Protection by December 2004, which outlines national goals, objectives, milestones and key initiatives.

The 9/11 commission also recommends that TSA assume management and enforcement of aviation watch lists. TSA currently provides two types of watch lists to air carriers. One is a no-fly list of known and suspected terrorists prohibited from boarding commercial flights. The second is a list of suspicious individuals who should receive special screening at airport checkpoints.

TSA requires airlines to manage and enforce the watch lists. The 9/11 commission believes that job should go to TSA. Kean noted that the watch lists do not include the names of all terrorists known to the federal government. He said some intelligence agencies do not want airlines to possess many of the omitted names because they could tip off terrorists or compromise sources and methods.

"How, Mr. Chairman, would the United States government explain it to the American people if an individual were allowed to board and attack a commercial plane when we knew that person was a terrorist and had the power to stop them?" Kean asked.

TSA was waiting to take over management and enforcement of the aviation watch lists until the Computer Assisted Passenger Pre-Screening II system was developed. That program, however, was scrapped last month due to privacy and technical concerns. TSA is now designing an alternative program.

Hutchinson said he agrees that TSA should manage and enforce the aviation watch lists, but did not say when that might occur. Hutchinson added that he has no disagreements with any recommendations made by the 9/11 commission in its final report.

The commission made a number of recommendations related to aviation security, such as rapid installation of in-line explosive detection systems at the nation's airports and improved screening checkpoints. The commission estimates that its recommendations for improving aviation security could cost about $1 billion a year over the next five years.

Hamilton added that border security measures had a major effect on the 9/11 plot. For example, several 9/11 operatives were unable to get visas to come to the United States, and at least one was denied entry into the country by a customs official who suspected him of not telling the truth.

He asserted that border security and immigration reform should be viewed as national security and counterterrorism matters. "The American public is becoming more and more agreeable to intrusiveness in order to protect themselves against terrorist attacks," he said.

Sens. John McCain, R-Ariz., and Bill Nelson, D-Fla. said they plan to introduce legislation in September to give the 9/11 commission additional money so members can continue traveling and doing work.