[Senate Hearing 114-288]
[From the U.S. Government Publishing Office]
S. Hrg. 114-288
NOMINATION OF PETER V. NEFFENGER
TO BE ASSISTANT SECRETARY OF THE
U.S. DEPARTMENT OF HOMELAND SECURITY
AND ADMINISTRATOR FOR THE
TRANSPORTATION SECURITY ADMINISTRATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
MAY 21, 2015
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN III, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Jason Van Beek, Deputy General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel and Policy Director
C O N T E N T S
----------
Page
Hearing held on May 21, 2015..................................... 1
Statement of Senator Thune....................................... 1
Statement of Senator Nelson...................................... 4
Prepared statement........................................... 4
Statement of Senator Blumenthal.................................. 26
Statement of Senator Klobuchar................................... 28
Statement of Senator Sullivan.................................... 34
Witnesses
Hon. Janice Hahn, U.S. Representative from California............ 2
Peter Vance Neffenger, Vice Commandant, United States Coast Guard 5
Prepared statement........................................... 7
Biographical information..................................... 9
Appendix
Response to written questions submitted to Vice Admiral Peter V.
Neffenger by:
Hon. John Thune.............................................. 39
Hon. Roy Blunt............................................... 42
Hon. Steve Daines............................................ 42
Hon. Richard Blumenthal...................................... 43
NOMINATION OF PETER V. NEFFENGER
TO BE ASSISTANT SECRETARY OF THE
U.S. DEPARTMENT OF HOMELAND SECURITY
AND ADMINISTRATOR FOR THE
TRANSPORTATION SECURITY ADMINISTRATION
----------
THURSDAY, MAY 21, 2015
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 11:04 a.m. in
room SR-253, Russell Senate Office Building, Hon. John Thune,
Chairman of the Committee, presiding.
Present: Senators Thune [presiding], Sullivan, Nelson,
Klobuchar, and Blumenthal.
OPENING STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
The Chairman. This nomination hearing will come to order. I
apologize to our nominee for the tardy start. We had some
things going on on the floor, some business we were trying to
take care of over there. We are delighted to have you with us
today.
Today, we are going to consider the nomination of Vice
Admiral Peter Neffenger to be the next Administrator of the
Transportation Security Administration. The TSA Administrator
position has been vacant since last December when John Pistole
resigned.
In January, I along with Ranking Member Nelson, Senators
Ayotte, Cantwell, and Fischer called on President Obama to send
us a qualified, experienced, and dedicated individual to serve
as TSA Administrator.
Late last month, Admiral Neffenger was nominated by the
President to head this important agency, which has been without
Senate confirmed leadership for too long.
While disappointed at the length of time it took the
President to send us a qualified nominee, I am encouraged by
Admiral Neffenger due to his qualifications and service to our
country.
Admiral Neffenger currently serves as the Vice Commandant
of the United States Coast Guard. He has had a long and
distinguished career, serving over 33 years in a wide range of
positions, each with more responsibility and importance than
the last.
During an assignment in Mobile, Alabama, he helped to lead
the multi-agency response to the 1993 Amtrak Sunset Limited
train derailment into a remote waterway in the Mobile River
Delta which killed 47 people. This is a particularly
significant experience in light of last week's tragic Amtrak
derailment in Philadelphia.
Admiral Neffenger also has substantial experience serving
right here in the Senate, having been a Coast Guard Fellow and
Detailee for 2 years at the Senate Appropriations Committee.
As some of my colleagues from the Gulf Coast can attest,
Admiral Neffenger also served as Deputy National Incident
Commander for the Deepwater Horizon oil spill. In that role,
Admiral Neffenger coordinated and led over 50,000 people from
Federal, state, and local agencies, tribal representatives,
non-governmental organizations, and the private sector
throughout five Gulf Coast states in the clean-up and response
effort.
Admiral Neffenger has proven himself as a leader, and the
TSA is an agency in need of strong leadership. Former
Administrator Pistole deserves credit for improving the
agency's use of risk-based approaches to security and
implementing programs to streamline the screening of travelers
who pose little or no threat to the public.
At the same time, just last week, the Department of
Homeland Security's Inspector General testified in the House,
and I quote, ``Unfortunately, although nearly 14 years have
passed since TSA's inception, the IG's Office remains deeply
concerned about its ability to execute its important mission.''
That is unusually blunt testimony from a government witness
and underscores the need to get a qualified and capable leader
in place at TSA, especially with the evolving security threats
our Nation faces.
This committee will do its part to make that happen. I look
forward to a meaningful exchange with Admiral Neffenger today,
as well as written questions for the record following today's
hearing. Then if members are satisfied with the nominee's
responses, we will likely hold a markup to consider the
nomination during our first week back after the Memorial Day
recess.
That will be followed by a previously agreed upon referral
to the Senate Homeland Security and Governmental Affairs
Committee, as has been done for the last several nominees to
head the TSA.
I look forward to working with Chairman Johnson who is also
a valued member of this committee, to ensure timely
consideration of this nomination. In both settings, as well as
in personal meetings with senators, Admiral Neffenger will have
a chance to address important policy issues and how he will
address the challenges facing TSA if confirmed.
With that, I want to get us going here. Our Ranking Member,
Senator Nelson, I assume will be here momentarily, but in his
absence, we will proceed. We have with us today Representative
Janice Hahn, who is here to introduce her nominee.
Congresswoman Hahn, very nice to have you here, welcome,
and please proceed.
STATEMENT OF HON. JANICE HAHN,
U.S. REPRESENTATIVE FROM CALIFORNIA
Ms. Hahn. Thank you very much, Chairman Thune. It is very
good to be with you today. Mr. Chairman, I appreciate being
invited to speak in support of the nomination of Peter
Neffenger to be the Administrator of the Transportation
Security Administration.
I understand the importance of the TSA at a time when our
nation continues to face potential attacks on our homeland, and
therefore, the need for an Administrator who has demonstrated
the highest standards of excellence and leadership in previous
roles.
I wholeheartedly and enthusiastically support Vice Admiral
Neffenger for this position.
As the Commander of the Coast Guard's sector, Los Angeles/
Long Beach, the largest port complex in the country, Vice
Admiral Neffenger simultaneously served as the captain of the
port and Federal Maritime Security Coordinator, when I was on
the Los Angeles City Council and represented the port at that
time.
Peter and I worked closely together on port security in the
years following the tragic terrorist attacks of 9/11. Before 9/
11, the Federal Government did not have an agency or
administration specifically responsible for securing our
transportation systems.
As you know, this very committee created TSA, which now has
the role of securing our transportation system while ensuring
the free flow of goods and services.
Ranking Member Nelson, good to see you.
Vice Admiral Neffenger has the right experience and
abilities to implement TSA's mission as demonstrated by his
professional and personal qualifications.
Over the years, I have found him also to be very even
keeled. I think this is crucial for the person at the helm of
our Nation's transportation security. We need a person in
charge who can decide with Congress where limited resources
should be spent, and to balance security and commerce, while at
the same time protecting America's public.
Since I have come to serve in Congress as a representative
of our Nation's largest port complex and the co-founder and co-
chair of the Port Caucus in the House of Representatives, Vice
Admiral Neffenger has continued to brief me about security at
our Nation's port, and to be a resource for me on port
security.
I think the President has selected the right person to lead
our Nation's Transportation Security Administration. Vice
Admiral Neffenger brings the right set of experiences to TSA,
his qualifications are exemplary. His knowledge, his character,
and his strategic thinking are first rate.
His unique experiences, which are broader than aviation,
will help TSA complete its mission of protecting the nation's
transportation system, to ensure freedom of movement for people
and commerce.
Our ports, I think, are still a vulnerable part of our
transportation system, and I can see the Port of Los Angeles
from my backyard, and that security gap sometimes keeps me
awake at night. That is why I think more than ever we need
someone with Vice Admiral Neffenger's background, that
understands and knows our ports as well as the entire
transportation system.
Knowing that such a highly qualified person is protecting
our Nation's transportation system will give us all great
comfort and confidence. I urge you to confirm his nomination.
Thank you so much for letting me be here.
The Chairman. Thank you, Congresswoman Hahn, very much for
that testimonial. I am certain that our nominee very much
appreciates those great words, and we appreciate you coming
over. Thank you for being here and for sharing that with us.
Senator Nelson is here, and I am going to turn to him
before we turn to Vice Admiral Neffenger, and let him make his
opening remarks. Senator Nelson?
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Congresswoman, thank you for your comments,
and in the interest of time, since we have had the delay
because of the trade vote, I will submit my statement for the
record.
Let me just say that the Admiral worked very hard in a
major disaster that we had, the oil spill at Deepwater Horizon
in the Gulf, that has had such long lasting effects. He
obviously is skilled. He is obviously experienced with his 34
years, and he takes over an agency that if we make a mistake,
it could be fatal, and we need strong leadership.
If you look at some of the vulnerabilities in the airports,
last December they discovered for a 6-month period people were
getting on airplanes in the Atlanta Airport and transporting
guns on commercial airliners to New York, over a 6-month
period. It is unacceptable.
Just this past week, the Secretary talked about a drug
running gang in California among baggage handlers. It is
unacceptable.
Admiral, you have a real job, and we appreciate you
offering yourself for your continued public service.
[The prepared statement of Senator Nelson follows:]
Prepared Statement of Hon. Bill Nelson, U.S. Senator from Florida
Thank you Admiral Neffenger for joining us today to discuss your
nomination to be the next Administrator of the Transportation Security
Administration. And I want to thank you for your continued public
service.
We've worked together in the past on the response to one of the
Nation's worst environmental disasters ever, the Deepwater Horizon oil
spill in the Gulf of Mexico, where you played an important leadership
role as the Deputy National Incident Commander.
I expect that your 34 years of service with the Coast Guard has
prepared you to lead TSA in its critical, 24/7 security mission.
As you know, TSA is tasked with protecting our transportation
systems and the traveling public, while also ensuring the flow of
commerce. Though TSA is most visible to the public at 450 commercial
airports across the nation, the agency's security responsibilities cut
across all modes of transportation; including transit, railroads,
pipelines, and maritime.
As threats to our transportation systems evolve, TSA must respond
to meet new challenges and anticipate future risk.
For instance, last December it was discovered that a few employees
at the Atlanta Airport had developed a scheme that exploited the
limited screening of employees at that airport to transport guns to New
York onboard commercial airplanes.
Earlier this week, Homeland Security Secretary Johnson announced
that baggage handlers in Oakland are being charged with illegally
transporting drugs. It appears these individuals used the same scheme
as in Atlanta.
The employees in both cases used their secure access badges to
bring contraband into the sterile area of the airport, then transferred
the drugs or guns to a passenger on an outboard flight, who had already
passed through TSA security.
In both Atlanta and Oakland, these were criminals and not
terrorists, but this is exactly what we are trying to prevent: weapons
getting on airplanes.
Secretary Johnson has directed TSA to implement recommendations
made by the Aviation Security Advisory Committee, including steps to
improve the screening and vetting of all airport-based employees.
One of those recommendations is to reduce the number of secure area
access points at airports and increase screening, as they did in
Orlando and Miami years ago.
There are also ways to improve passenger screening, and I hope that
we can discuss ways to strengthen the TSA PreCheck program.
Vice Admiral Neffenger, I look forward to hearing how you would
approach these issues, and how your experience at the Coast Guard has
prepared you to lead this 50,000 member workforce and protect our
transportation networks.
Thank you.
The Chairman. Thank you, Senator Nelson. Admiral Neffenger,
please proceed.
STATEMENT OF PETER VANCE NEFFENGER, VICE COMMANDANT, UNITED
STATES COAST GUARD
Admiral Neffenger. Thank you, Chairman. I have a short
opening statement, and I have a written statement for the
record, with your permission.
Good morning, Chairman Thune, Ranking Member Nelson,
distinguished members of the Committee. I am deeply privileged
to appear before you today as the President's nominee to head
the Transportation Security Administration.
I am honored by the President's call to serve in this
important position and by the support of Secretary Jeh Johnson,
who has provided strong leadership of our Department.
I especially want to thank my friend, Representative Janice
Hahn, who graciously gave up her time to introduce me today. I
had the great privilege of working with her during my tenure as
Commander of Coast Guard Sector Los Angeles/Long Beach.
She directly helped me as we brought together leaders from
industry, labor, government, first responder agencies, and the
local community to tackle the daunting challenge of securing
the ports of Los Angeles and Long Beach.
This experience reinforced my belief in the critical
importance of partnerships in protecting our nation's
transportation systems. Thank you again, Janice. Thank you.
I would also like to thank the 50,000 men and women of the
United States Coast Guard and the 30,000 members of the
volunteer Coast Guard Auxiliary, with whom I have been
privileged to serve for more than three decades, and from whom
I have learned important lessons about leadership and about
service to the nation, commitment to excellence, and duty to
people, and to the dedicated men and women of TSA, I want you
to know that I am deeply honored to potentially join your ranks
and to serve with you and the American people in securing our
Nation's transportation systems.
During my nearly 34 years of active service, I have been
assigned to a broad variety of operational, staff, and
leadership positions culminating in my current duties as Vice
Commandant and second in command of the Coast Guard, the
nation's fifth armed service, and its premiere maritime law
enforcement agency.
Each assignment has brought greater and more complex
responsibilities and challenges, and if confirmed, I will apply
the leadership skills I have gained as well as my extensive
experience in law enforcement, maritime transportation
security, and management of a large complex agency to ensure
the protection of our nation's transportation systems.
Nearly 14 years after 9/11, we must recognize that the
global terrorist threat has evolved. Today, this threat is more
decentralized, more diffuse, and more complex. Certain
terrorist groups remain intent on striking the United States
and the West, and we know that some of these groups are focused
on commercial aviation.
Moreover, we see a growing threat. The threats are
persistent and evolving, and they are TSA's most pressing
challenge.
Workforce training, retention, and accountability are a
second challenge facing TSA. If confirmed, I will pay close
attention to the development of the TSA work force. I will
examine how to use the TSA Academy established by John Pistole
to further improve performance and to instill an ever greater
sense of pride in the agency and its critically important
mission.
I will continue to focus on customer service. Travelers
expect efficient and effective screening, and they deserve to
be treated with respect.
A third challenge is ensuring that TSA continually fields
the tools it needs to address the persistent and evolving
terrorist threat. We must question ourselves. We must evolve
our capabilities. We must adapt faster than those who wish to
harm us. We must envision what comes next and direct
investments appropriately.
As such, if confirmed, I will commit myself to ensuring
that TSA remains a high performing, highly capable
counterterrorism organization guided by a risk based strategy,
that TSA employs multi-layered intelligence driven operations,
that TSA recruits and retains a skilled and highly trained
workforce while placing a premium on professional values and
individual accountability.
That TSA pursues advanced capabilities with adaptation
central to its acquisition strategy, and that TSA continues to
strengthen its integration in the intelligence community, with
the private sector, with its stakeholders, and among Federal,
state, and local partners.
If confirmed, I will follow this strategy, engage and lead
the workforce, and adapt and invest appropriately.
I believe I have a proven record of leading people and
carrying out complex missions. I have an extensive background
in applying risk based security principles to port operations
and maritime threats, principles that translate effectively and
directly to other transportation modes. I have a proven record
of leading through crises.
Finally, throughout my career, I have remained aware of the
need to balance desires for greater security with the
protection of the liberties and rights we cherish. If
confirmed, safeguarding civil liberties and privacy interests
of all Americans will remain a top priority.
I look forward to partnering with this committee on a range
of initiatives to enhance the safety of the traveling public,
and to achieve this balance.
In closing, I again thank President Obama and Secretary
Johnson for their confidence in my ability.
Mr. Chairman, Ranking Member Nelson, thank you for the
opportunity to appear before you today, and I look forward to
answering your questions.
[The prepared statement and biographical information of
Admiral Neffenger follow:]
Prepared Statement of Vice Admiral Peter V. Neffenger, Nominee for
Administrator, Transportation Security Administration, U.S. Department
of Homeland Security
Good morning Chairman Thune, Ranking Member Nelson, and
distinguished Members of the Committee. I am deeply privileged to
appear before you today as the President's nominee to head the
Transportation Security Administration (TSA). I am honored by the
President's call to serve our Nation in this important leadership
position and by the support of Secretary Jeh Johnson, who has provided
strong and inspired leadership to the Department of Homeland Security.
With your indulgence, I would like to express my sincere
appreciation to my fellow members of the United States Coast Guard,
with whom I served for more than three decades of my professional life
and from whom I have learned many lessons on leadership. They were and
are always ready--to protect the maritime economy and the environment,
to defend our maritime borders, and to save those in peril. They have
inspired my service and I am eternally grateful for the opportunity to
have worked alongside them and to have led them as they safeguard our
maritime interests in the heartland, at the ports, at sea, and around
the globe. And to the men and women of TSA, I want them to know how
deeply honored I am to potentially join their ranks and to serve them
and the American people in securing our Nation's transportation
systems.
If confirmed for the position to which I have been nominated, it
would be my privilege to follow in the footsteps of my longtime mentor
and one of TSA's first Administrators, Admiral James Loy, who was the
Coast Guard Commandant from 1998 to 2002 and TSA Administrator from
2002 to 2003. I have been similarly privileged to serve our Nation as a
senior commissioned officer in the United States Coast Guard. During my
nearly 34 years of active service, I have been assigned a broad variety
of operational, staff and leadership positions culminating in my
current duties as Vice Commandant and second in command of the Coast
Guard; the Nation's fifth armed service and premier maritime law
enforcement agency. Each successive assignment has brought greater and
more complex responsibilities in executing the Coast Guard's mission to
secure America's waters and to protect the country against maritime
threats. If confirmed, I will have the opportunity to apply this
leadership experience and my law enforcement and security skills to one
of the most challenging jobs in our Nation; protecting our
transportation systems--especially aviation--from terrorists.
Since its creation after the attacks of 9/11/01, TSA has played an
invaluable and pivotal role in securing our transportation systems from
these threats. Still, more than thirteen years since, we face threats
from terrorist groups around the world and from homegrown terrorists
who are not affiliated with a particular network, but who, nonetheless
are inspired by a message of hatred and violence. A persistent number
of terrorist groups remain intent on striking the United States and the
West, and we know that some of these groups are focused on commercial
aviation. And, we must recognize that we have evolved to a new phase in
the global terrorist threat. Today the terrorist threat is more
decentralized, more diffuse, and more complex. And today's terrorists
no longer build bombs in secret; they have now publicized their
instruction manual and are calling for people to use it.
These persistent threats are TSA's most pressing challenge. Our
enemies will continually adapt, and so must we. TSA must leverage
intelligence, technology, the experience of our front-line operators
and our private sector partners to ensure we employ effective,
efficient and ever-evolving procedures to stop those who would harm us.
We should pay particular attention to the insider threat. I'm
encouraged by the thoughtful recommendations provided by the Aviation
Security Advisory Committee and, if confirmed, will commit to closely
reviewing and pursuing the long-term enhancements recommended.
Retention, training and accountability are a second significant
challenge facing TSA. Front-line managers and screeners are critical to
the success of TSA. Agency culture, morale and effectiveness are a
direct result of consistent and career-long training, recognition and
accountability. If confirmed, while we should further right-size our
workforce consistent with the implementation of risk-based security
principles, I will pay close attention to training and workforce
development, to include how to leverage the TSA Academy to improve
individual performance and to instill a greater sense of pride in the
agency and its mission.
A related challenge to address is customer service, which is a
critical success factor. TSA interacts with millions of travelers each
day--travelers who expect efficient and effective screening with
minimal delay, and who deserve to be treated with respect. Through my
current career, I have routinely interacted with the public and have
learned that an organization must continually reinforce this message of
dignity and respect in order to embed it into an agency culture.
A third organizational challenge for TSA is ensuring it is
continually fielding the tools and equipment the workforce needs to
address this persistent and adaptive threat today, while envisioning
longer term the investments necessary to recapitalize and modernize
security of our Nation's transportation system.
As such, if confirmed, I will commit myself to ensuring that TSA
remains a high-performing, highly-capable counterterrorism organization
that is guided by a risk-based strategy to prevent attacks and
safeguard legitimate travel and commerce; that TSA employs a multi-
layered, intelligence-driven operation and one that discards a one-
size-fits-all approach; that TSA recruits and retains a highly-trained
workforce, one that has the opportunity for career growth and
development while placing a premium on professional values and
individual accountability to high standards of performance and customer
service; that TSA pursues advanced capabilities with innovation and
adaptation central to its acquisition strategy to counter evolving
threats; and that TSA will continue to invest in and strengthen its
integration in the intelligence community, in the private sector, with
its stakeholders, and among DHS, federal, state, and local partners. To
protect aviation, mass transit, rail, highways, ports, and pipeline
systems, I will follow this strategy, engage and lead the workforce,
adapt and invest appropriately, and remain focused on these critical
success factors.
I have a proven record of leading people and carrying out complex
missions and priorities. As Vice Commandant of the Coast Guard, I serve
as the Vice Service Chief, Chief Operating Officer and Component
Acquisition Executive responsible to train, equip and organize over
50,000 men and women who keep our Nation's waters safe, secure and
protected. I approve and certify acquisition programs of record for the
Service, and oversee compliance with the Chief Financial Officer and
Federal Financial Reform Act of 1990, with the Coast Guard achieving a
clean audit opinion for two consecutive years. I currently serve as the
senior authority for all resource requests and budget submissions for
the Service. I have an extensive background in applying the strategic
principles of security to port operations and maritime threats,
principles that translate effectively to other transportation modes. I
served as Commander of the Ninth Coast Guard District overseeing all
Coast Guard operations on the Great Lakes and St. Lawrence Seaway and
along the Northern Border with Canada. I also commanded Sector Los
Angeles-Long Beach and served as the Federal Maritime Security
Coordinator and Captain of the Port for the Nation's largest port
complex in addition to leading Coast Guard operations throughout
approximately 300 miles of California coast and coastal waters. In both
commands, I worked closely with interagency and international partners,
industry and the private sector, citizens groups and non-governmental
organizations, and federal, state and local law enforcement to develop
risk-based methods for screening vessels, cargo and people operating in
our ports and waterways. I focused on determining highest risk commerce
while facilitating legitimate activities. I also established one of the
Nation's first interagency Area Maritime Security Committees which
brought together leaders from industry, labor, government, first
responder agencies and the local community to tackle the critical
challenge of securing the vital Los Angeles and Long Beach ports and
maritime approaches to the West Coast of the United States.
In addition, I have a proven record of leading through crises. I
served as Deputy National Incident Commander for the BP Deepwater
Horizon Oil Spill in 2010 following the tragic explosion, the loss of
eleven lives, and the sinking of the Deepwater Horizon Mobile Offshore
Drilling Unit which precipitated the largest and longest oil spill in
U.S. history. At the national level, I helped to ensure a coordinated,
unified, whole-of-government effort to respond to the massive spill. I
led over 50,000 people from federal, state and local agencies; tribal
representatives; non-governmental organizations; and the private sector
throughout five Gulf Coast states. I regularly briefed the President,
Members of Congress, Cabinet Secretaries, state Governors and regional
elected officials on progress and milestones, including appearing
before Congressional Committees on multiple occasions.
Finally, throughout my years of service I have remained aware of
the need to balance desires for greater security with the protection of
the liberties and rights we cherish as Americans. If confirmed,
safeguarding the civil liberties and privacy interests of all Americans
will remain a top priority. I look forward to partnering with this
Committee on a range of initiatives to enhance the safety of the
traveling public and to achieve this balance.
I applaud the work the men and women of TSA perform each and every
day, along with the outstanding work performed by Mel Carraway while he
has served as Acting Administrator. It would be my great honor to join
them and have the privilege of leading this team of committed patriots.
In closing, I again thank President Obama and Secretary Johnson for
their confidence and faith in my ability to lead TSA. Mr. Chairman,
Ranking Member Nelson, I thank you for the opportunity to appear before
you today and I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Peter Vance
Neffenger.
2. Position to which nominated: Assistant Secretary for Homeland
Security, Transportation Security Administration.
3. Date of Nomination: April 28, 2015.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Information not provided.
5. Date and Place of Birth: August 21, 1955; Salem, OH.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Gail Rosemary Staba
Place of Employment: Transportation Research Board, The
National Academy of Sciences, Washington, DC.
Position: Senior Program Officer.
No children.
7. List all college and graduate degrees. Provide year and school
attended.
1977: Baldwin-Wallace University, Bachelor of Arts, Magna Cum
Laude, with distinction, in English.
1986: Central Michigan University, Master of Arts in Business
Management 1995: Harvard University, Kennedy School of
Government, Master of Public Administration.
2003: U.S. Naval War College, Master of Arts in National
Security & Strategic Studies, with distinction.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Post-undergraduate employment:
1977-78: Assistant to the Director, Betterway Inc (community-
based corrections), Elyria, OH.
1979-80: Student Affairs Consultant, AFS International, New
York, NY.
1980-81: Director, English-in-Action (ESL program), New York,
NY.
1981-Present: United States Coast Guard.
Management and Non-Managerial Positions:
2014-Present: Vice Commandant, United States Coast Guard,
Washington, D.C.
2012-2014: Deputy Commandant for Operations, United States
Coast Guard, Washington, D.C.
Director of Strategic Management and Doctrine, United States
Coast Guard, Washington, D.C.
2010 (May-Oct): Deputy National Incident Commander, BP
Deepwater Horizon Oil Spill Response.
2008-2010: Commander, Ninth Coast Guard District, Cleveland,
OH.
2006-2008:Chief, Office of Budget & Programs, USCG
Headquarters, Washington, D.C.
2003-2006: Sector Commander, USCG Sector Los Angeles--Long
Beach, CA.
2002-2003: Student, U.S. Naval War College, Newport, RI.
1999-2002: Executive Officer, USCG Marine Safety Office San
Francisco Bay, CA.
1997-1999: Fellow on detail to U.S. Senate Appropriations
Committee, Subcommittee on Transportation.
1995-1997: Program Analyst, Office of Casualty Investigations,
USCG Headquarters, Washington, D.C.
1994-1995: Student, Harvard University, Kennedy School of
Government, Cambridge, MA.
1991-1994: Chief of Marine Inspection/Chief of Port Operations,
USCG Marine Safety Office, Mobile, AL.
1989-1991: USCG Liaison Officer to the Territory of American
Samoa.
1985-1989: Marine Inspector/Marine Investigator, USCG Marine
Safety Office, New Orleans, LA.
1983-1985: Student Engineer, U.S. Coast Guard Cutter GALLATIN
(WHEC 721).
1982-1983: Training Officer, Office of Reserve, Eighth Coast
Guard District, New Orleans, LA.
1981-1982: USCG Officer Candidate School, Yorktown, VA.
1980-1981: Director, English-in-Action (TESL program), New
York, NY.
1979-1980: Student Affairs Consultant, AFS International, New
York, NY.
1977-1978: Assistant to Director, Betterway, Inc. (community
based corrections), Elyria, OH.
9. Attach a copy of your resume.
My official Coast Guard biography and resume are attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years: None.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
2002-2014: Member, Women's Transportation Seminar (WTS
International).
2003-2006: Member, Propeller Club of the United States, Port of
Los Angeles-Long Beach.
2003-2006: Member, Homeland Security Advisory Council, Los
Angeles, CA.
2003-2006: Member, Advisory Board, International Trade
Education Programs, Los Angeles, CA.
2005-present: Member, Pacific Council on International Policy.
2008-2010: Member, City Club of Cleveland.
2009-2010: Member, Cleveland Council on World Affairs.
2013-present: Member, The Army and Navy Club, Washington, D.C.
None of these organizations restricts membership on the basis of
sex, race, color, religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
National Honor Society
F. E. Harris Scholarship, Baldwin-Wallace College
Dayton C. Miller Honor Society, Baldwin-Wallace College
USCG Foundation, Admiral James S. Gracey Award for
Professionalism
U.S. Department of Justice Certificate of Appreciation for
assistance in prosecuting environmental crimes
U.S. Naval War College James F. Forrestal Award for Excellence
in Strategy & Force Planning
Military Awards:
Department of Homeland Security Distinguished Service Medal
USCG Distinguished Service Medal
Legion of Merit (4 awards)
Meritorious Service Medal (3 awards)
USCG Commendation Medal with Operational Distinguishing Device
(3 awards)
Transportation 9-11 Medal
Presidential Unit Citation
USCG Achievement Medal (2 awards)
USCG Commandant Letter of Commendation with Operational
Distinguishing Device
Department of Transportation Outstanding Unit Award
Coast Guard Unit Commendation with Operational Distinguishing
Device (3 awards)
Coast Guard Meritorious Unit Commendation (4 awards)
Coast Guard Meritorious Team Commendation with Operational
Distinguishing Device (5 awards)
Coast Guard Bicentennial Unit Commendation
National Defense Service Medal (2 awards)
GAVOT Service Medal
Humanitarian Service Medal (2 awards)
Coast Guard Special Operations Service Ribbon (2 awards)
Coast Guard Sea Service Ribbon
Coast Guard Overseas Service Ribbon
Rifle Marksmanship Ribbon
Pistol Sharpshooter Ribbon
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
``Safeguarding Our Hemisphere,'' U.S. Naval Institute
Proceedings, October 2013.
``Merging the Missions: Ensuring Maritime Homeland Security and
Defense Through Effective Command and Control:'' Paper
submitted to the U.S. Naval War College in partial fulfillment
of the requirements for the Degree of Master of Arts in
National Security and Strategic Studies, June 2003.
As Sector Commander, Captain of the Port and Federal Maritime
Security Coordinator, USCG Sector Los Angeles--Long Beach from
2003-2006, delivered various speeches to civic and business
organizations, industry and veterans groups, government
agencies, academic institutions, symposia and conferences on
general Coast Guard themes, missions and responsibilities.
As Ninth District Commander from 2008-2010, delivered various
speeches to civic and business organizations, industry and
veterans groups, government agencies, academic institutions,
symposia and conferences on general Coast Guard themes,
missions and responsibilities.
As Deputy National Incident Commander, BP Deepwater Horizon Oil
Spill, delivered various speeches to civic and business
organizations, academic institutions, government agencies and
conferences on leadership during large-scale crises.
As Deputy Commandant for Operations and as Vice Commandant,
delivered various speeches to government, civic and business
entities, academic institutions and conferences.
(Please also see attached spreadsheet for a list of specific
speeches)
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Appearances at Congressional Hearings:
17 May 2010: Assessing the Nation's Response to the Deepwater
Horizon Oil Spill, Senate Homeland Security & Governmental
Affairs Committee
18 May 2010: Economic and Environmental Impacts of the Recent
Oil Spill in the Gulf of Mexico, Senate Environment & Public
Works Committee
19 May 2010: The Deepwater Horizon Oil Spill, House
Transportation and Infrastructure Committee
26 May 2010: Deepwater Horizon: BP Oil Spill in the Gulf of
Mexico, House Natural Resources Committee
12 Jul 2010: Deepwater Horizon Oil Spill Chain of Command: An
Examination of Information Sharing Practices During a Spill of
National Significance, House Homeland Security Committee,
Subcommittee on Management, Investigations & Oversight (Field
Hearing in New Orleans, LA)
22 Sep 2010: DHS Planning & Response: Preliminary Lessons from
Deepwater Horizon, House homeland Security Committee
10 Jul 2012: A Review of Federal Maritime Domain Awareness
Programs, Coast Guard & Maritime Transportation Subcommittee of
the House Committee on Transportation & Infrastructure
26 Feb 2013: Coast Guard Mission Balance, Coast Guard &
Maritime Transportation Subcommittee of the House Committee on
Transportation & Infrastructure
23 Jul 2014: Implementing U.S. Policy in the Arctic, Coast
Guard & Maritime Transportation Subcommittee of the House
Committee on Transportation & Infrastructure
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been privileged to serve our Nation for over 33 years as a
commissioned officer in the United States Coast Guard. During these
years I have been assigned to a broad variety of operational, staff and
leadership positions culminating in my current duties as Vice
Commandant and second in command of the Coast Guard, the Nation's fifth
armed service and premier maritime law enforcement agency. Each
successive assignment has brought greater and more complex
responsibilities.
As Vice Commandant, I serve as the Vice Service Chief, Chief
Operating Officer and Component Acquisition Executive responsible to
train, equip and organize over 50,000 men and women who keep our
Nation's waters safe, secure and protected. I approve and certify all
acquisition programs of record for the Service. I oversee compliance
with the Chief Financial Officer and Federal Financial Reform Act of
1990 (the Coast Guard is the first Armed Service to achieve a clean
audit opinion--an achievement we have maintained for two consecutive
years). I serve as the senior authority for all resource requests and
budget submissions for the Service.
I have served as a senior DHS field commander. I commanded the
Ninth Coast Guard District encompassing all operations on the Great
Lakes and St Lawrence Seaway and the Northern Border with Canada. I
commanded Sector Los Angeles-Long Beach and served as the Federal
Maritime Security Coordinator and Captain of the Port for the. Nation's
largest port complex in addition to approximately 300 miles of
California coast and coastal waters. In both commands, I worked closely
with interagency and international partners, with industry and private
sector, with citizens groups and with non-governmental organizations to
develop risk-based methods for screening vessels, cargo and people
operating in our ports and waterways. I focused on determining highest
risk commerce while facilitating legitimate activities.
I also established one of the Nation's first interagency Area
Maritime Security Committees which brought together leaders from
industry, labor, government, first responder agencies and the local
community to tackle the critical challenge of securing the vital Los
Angeles and Long Beach ports and maritime approaches to the West Coast
of the United States.
I have earned three Masters Degrees: in Business Management, Public
Administration, and National Security and Strategic Studies. I served
as Detailee for two years to the Senate Appropriations Committee,
Subcommittee on Transportation. I have extensive experience in budget
formulation and program review, having served as the Coast Guard Budget
Officer from 2006-2008. In this role I helped to establish the
framework for new accounting controls and management policies to ensure
they were sound, well-understood and practiced uniformly throughout the
Coast Guard.
I served as Deputy National Incident Commander for the BP Deepwater
Horizon Oil Spill in 2010 following the tragic explosion and sinking of
the Deepwater Horizon Mobile Offshore Drilling Unit, which precipitated
the largest and longest oil spill in U.S., At the national level, I
helped to ensure a coordinated, unified, whole-of-government effort to
respond to the massive spill. I led over 50,000 people from federal,
state and local agencies, tribal representatives, non-governmental
organizations, and the private sector throughout five Gulf Coast
states. I regularly briefed the President, Members of Congress, Cabinet
Secretaries, state Governors and regional elected officials on progress
and milestones.
I have traveled and served extensively, domestically and
internationally, throughout my Coast Guard career in representation of
my Service and the Nation, most recently as Head of the U.S. delegation
to the Arctic Council symposium in Russia and as Head of the U.S.
delegation to the International Maritime Organization.
If confirmed for the TSA Administrator position to which I have
been nominated, I will have the privilege and opportunity to apply my
law enforcement and security experience and skills to one of the most
challenging jobs in our nation: protecting our transportation systems--
especially aviation--from terrorists.
I9. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
The Administrator is solely responsible for the financial
performance and accountability of the agency. As Administrator I would
be responsible for sound stewardship of precious public resources. The
American public puts great trust in its public servants and we must
never violate that trust. Given this, the Administrator must also
ensure transparency through independent review of financial records and
organizational performance milestones. The Administrator must also
ensure that financial and managerial teams have the required training
and skills to meet these mandates.
I have been privileged to serve our Nation for over 33 years in the
United States Coast Guard. During these years I have been assigned to a
broad variety of operational, staff and leadership positions
culminating in my current duties as Vice Commandant and second in
command of the Coast Guard, the Nation's fifth armed service and
premier maritime law enforcement agency. I train, equip and organize
over 50,000 men and women who keep our Nation's waters safe, secure and
protected. I approve and certify all acquisition programs of record for
the Service. I oversee compliance with the Chief Financial Officer and
Federal Financial Reform Act of 1990 (the Coast Guard is the first
Armed Service to achieve a clean audit opinion--an achievement we have
maintained for two consecutive years). I serve as the senior authority
for all resource requests and budget submissions for the Service.
The knowledge and experience I have gained over my years of service
have helped me to understand the motivations and the needs of a dynamic
and distributed workforce, the workings of our government, and the
importance of sound and prudent fiscal management as we strive to
provide the highest quality and most efficient service to the American
public.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Threat: Threats to our transportation systems are real and
persistent, and our transportation systems will remain targets of our
enemies. We can never assume we have found ``the security answer.'' Our
enemies will continually adapt, so we must continually adapt. We must
leverage intelligence, technology and the experience of our front-line
operators and private sector partners to ensure we employ effective,
efficient and ever-adapting procedures to stop those who would harm us.
Customer Service: TSA interacts with millions of travelers each
day--travelers who expect efficient and effective screening with
minimal delay, and who expect to be treated with respect. In my current
career I have routinely interacted with the public and have learned
that an organization must continually reinforce this message of dignity
and respect in order to make it part of an agency culture.
Retention, Training and Accountability; Front-line managers and
screeners are critical to the success of TSA. Agency culture, morale
and effectiveness are a direct result of consistent and career-long
training, recognition and accountability.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Please see my nominee PFDR.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I entered into with DHS's
Designated Agency Ethics Official and that has been provided to this
Committee.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I consulted with the
U.S. Office of Government Ethics and the U.S. Department of Homeland
Security's (DHS) Designated Agency Ethics Official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I entered into with DHS's Designated Agency Ethics Official and
that has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
See response to question 4 above.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint,
or personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
Divorce granted February, 11, 1999, by the District Court of
Montgomery County, Texas, 9th Judicial District.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
No additional information.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
Attachment
Relevant Speeches 2005 to Present
------------------------------------------------------------------------
# of
Title/Topic Date Place/Audience Attendees
------------------------------------------------------------------------
U.S. Coast Guard 10/6/05 American Waterways 50
update to American Operators,
Waterways Operators Chicago, IL
Annual Meeting
------------------------------------------------------------------------
U.S. and Canada 4/4/09 Canada-U.S. Law 50
maritime safety and Institute Conference,
security cooperation Great Lakes Science
Center, Cleveland, OH
------------------------------------------------------------------------
Maritime commerce on 10/1/09 John Carroll University, 120
the Great Lakes Cleveland, OH
------------------------------------------------------------------------
Maritime Security 1/12/11 MIT Lincoln Labs, MA 100
------------------------------------------------------------------------
Maritime Risk 11/7/11 Maritime Risk Symposium, 200
DHS Center of
Excellence, Rutgers
University, NJ
------------------------------------------------------------------------
Effective Emergency 8/6/12 Los Angeles City and 150
Management County Emergency
Management Conference,
Los Angeles, CA
------------------------------------------------------------------------
Diversity and 8/7/12 Association of Naval 200
Leadership Services Officers
Annual Conference, San
Diego, CA
------------------------------------------------------------------------
U.S. Coast Guard 8/27/12 Harbor Safety Committee/ 250
Update Area Maritime Security
Committee Annual
Conference, Pittsburg,
PA
------------------------------------------------------------------------
Coast Guard 10/19/12 European Commission 25
Operations Arctic and Fisheries
meeting, Brussels,
Belgium
------------------------------------------------------------------------
International AMVER 10/23/12 International Propeller 650
Awards for rescue at Club, Athens, Greece
sea: Recognizing
those that
participate
------------------------------------------------------------------------
Arctic Region: 3/8/13 RAND Corporation, 50
Overview, Strategy, Arlington, VA
and Initiatives
------------------------------------------------------------------------
U.S. Coast Guard Role 4/11/13 Arctic Council Meeting, 40
in the Arctic Salekhard, Russia
------------------------------------------------------------------------
Coast Guard role in 5/14/13 Blue Vision Summit, 100
Ocean Stewardship, Carnegie Institution
for Science,
Washington, DC
------------------------------------------------------------------------
U.S. Coast Guard 9/27/13 Panel Discussion, Center 50
Arctic Strategy for Strategic and
International Studies,
Washington, DC
------------------------------------------------------------------------
Arctic Challenges 10/3/13 Propeller Club of the 50
United States,
Washington, DC
------------------------------------------------------------------------
Coast Guard Arctic 10/28/13 Washington Homeland 50
Strategy Security Roundtable,
Washington, DC
------------------------------------------------------------------------
U.S. Coast Guard 6/18/14 Nor-Shipping biennial 150
Strategic Priorities conference, Oslo,
Norway
------------------------------------------------------------------------
U.S. Coast Guard 6/26/14 American Petroleum 300
safety and security Institute Meeting,
update Austin, TX
------------------------------------------------------------------------
Diversity and 7/9/14 National Naval Officers 100
Leadership Association, Quantico,
VA
------------------------------------------------------------------------
Diversity and 7/25/14 USCG Women's Leadership 150
Leadership Initiative,
Arlington, VA
------------------------------------------------------------------------
Keynote remarks, 8/19/14 Huntington Ingalls 500
USCGC JOSHUA JAMES Shipyard, Pascagoula,
commissioning MS
ceremony
------------------------------------------------------------------------
Arctic Challenges and 9/18/14 U.S. Navy International 500
Adaptation Sea Power
Symposium, Newport, RI
------------------------------------------------------------------------
RADM Richard Bennis 10/8/14 NY/NJ Port Authority, 50
Award Presentation New York, NY
------------------------------------------------------------------------
Remarks to the Corps 10/10/14 Mary Baldwin College, 150
of Cadets on Staunton, VA
Leadership
------------------------------------------------------------------------
Security Challenges 10/16/14 Propeller Club of the 60
to the Maritime United States,
Transportation Los Angeles/Long Beach,
System Los Angeles, CA
------------------------------------------------------------------------
Arctic Futures 10/19/14 Panel Discussion, 35
Pacific Council on
International Policy,
Santa Monica, CA
------------------------------------------------------------------------
Coast Guard 11/13/14 Cruise Line Industry 150
Regulation of the Association meeting,
Cruise Line Industry Miami FL
------------------------------------------------------------------------
Importance of a Name 11/14/14 Bollinger Shipyards USCG 60
(Why we name our Fast Response Cutter
ships after heroes) Heroes Dinner, New
Orleans, LA
------------------------------------------------------------------------
______
Resume of Vice Admiral Peter V. Neffenger
Vice Commandant U.S. Coast Guard
Vice Admiral Peter Neffenger assumed the duties as the 29th Vice
Commandant in May 2014.
Prior to this Vice Admiral Neffenger served as the U.S. Coast
Guard's Deputy Commandant for Operations, where he directed strategy,
policy, resources and doctrine for the employment of Coast Guard forces
globally. He is a recognized expert in crisis management, port
security, maritime law enforcement and oversight of the commercial
maritime industry. Formally qualified as a Type I Incident Commander,
he most notably served as the Deputy National Incident Commander for
the 2010 BP Deepwater Horizon Oil Spill crisis, the largest and most
complex oil spill in U.S. history. Other Flag assignments include
Director of Coast Guard Strategic Management and Doctrine, and
Commander of the Ninth Coast Guard District in charge of Coast Guard
operations along the Northern Border and throughout the Great Lakes.
Vice Admiral Neffenger also served as Commander of Coast Guard
Sector Los Angeles/Long Beach, where he was Captain of the Port,
Federal Maritime Security Coordinator, Federal On-Scene Coordinator and
Officer-in-Charge of Marine Inspection for the Nation's largest and
most economically significant port complex. Additionally, he was the
Budget Officer of the Coast Guard, the Coast Guard Liaison Officer to
the Territory of American Samoa, and a student engineer on U.S. Coast
Guard Cutter GALLATIN among other operational and staff assignments.
Commissioned in 1982 through Coast Guard Officer Candidate School,
Vice Admiral Neffenger holds an MPA from Harvard University, an MA in
National Security and Strategic Studies from the U.S. Naval War
College, and an MA in Business Management from Central Michigan
University. He earned his BA from Baldwin Wallace University. Vice
Admiral Neffenger is a member of the Pacific Council on International
Policy and a former fellow on the Senate Appropriations Committee.
Letters of Support
May 14, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration. At the outset, I admit to a certain bias. The Coast
Guard breeds leaders who bring both a strategic and operational
perspective to their varied tasks and Vice Admiral Peter Neffenger is
certainly among the best.
Of particular note is the Admiral's service as Budget Officer of
the Coast Guard. Having overseen a multitasked organization that, in my
opinion, never received the level of funding it deserved, I am
confident he will extract great value and effectiveness from the
dollars the U.S. Congress appropriates to TSA.
His experience is broad. His reputation is superb. His commitment
to public service is profound and unquestionable. I respectfully and
highly recommend this exceptional leader for TSA Administrator.
Sincerely,
Tom Ridge,
First Secretary,
U.S. Department of Homeland Security,
Former Governor of Pennsylvania.
______
The Chertoff Group
Washington, DC, May 11, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination us Administrator of the Transportation Security
Administration.
Admiral Neffenger has broad operational and command experience with
the Coast Guard. He has held command positions at the Great Lakes and
the Port of Los Angeles, and was deputy national Incident commander for
the 2010 Deepwater Horizon oil spill In the Gulf of Mexico. In the
former capacities, the Admiral has dealt with the kind of multi-
stakeholder transportation security issues which lie at the core of the
TSA's mission. Particularly in a complex environment such as the busy
Port of Los Angeles, the Captain of the Port must coordinate among
multiple private service providers while also addressing
intergovernmental and international issues. These arc exactly the types
of experiences that prepare Admiral Neffenger for the challenges of
administering the TSA.
Equally important is the nominee's crisis management experience,
recently honed in the crucible of the BP oil spill. From time to time,
the TSA Administrator must manage security crises, making swift
operational decisions, reconciling the interests of stakeholders, and
inspiring confidence in the public. Admiral Neffenger's pivotal role as
incident commander in the Gulf provides unmatched preparation for
managing emergencies that may arise in the future.
Finally, I believe that it is beneficial to have an Administrator
who has grown up with DHS since its formation. The network of
relationships that the Admiral will have developed over the past dozen
years will be of value in enabling him to draw on Department-wide
resources and In positioning him to integrate with and contribute to
the leadership of the entire Department.
I highly recommend Vice Admiral Peter Neffenger for TSA
Administrator. Please contact me if you have any questions or comments.
Sincerely,
Michael Chertoff.
______
University Of California
Oakland, Ca, May 12, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson:
I am pleased to write in support of Vice Admiral Peter Neffenger's
confirmation as Administrator of the Transportation Security
Administration.
During my tenure as the Secretary of Homeland Security, I worked
closely with Admiral Neffenger on issues ranging from our Nation's port
security operations, and our maritime emergency response capabilities,
to oversight of the U.S. Coast Guard's annual budget and
recapitalization efforts. It was in working together that I came to see
and admire Admiral Neffenger's leadership skills in action. He has an
uncommon way of solving complex problems and a management style that
brings people together. Nowhere was this more evident than when he ably
served as the Deputy National Incident Commander for the 2010 BP
Deepwater Horizon Oil Spill. In that role, he provided critically
important and strong leadership in coordinating the government's role
addressing the largest and most complex oil spill in our Nation's
history. In my view, his efforts were indispensable in the prompt and
successful resolution of that crisis.
I have every confidence that Admiral Neffenger will use his
considerable knowledge and government experience in overseeing the
Transportation Security Administration to great effect. His significant
experience in our country's counter-terrorism efforts and his
judgement, energy, and leadership skills will ensure that the TSA
continues to be extremely effective in its mission to protect our
Nation's transportation safety and infrastructure.
I highly recommend Vice Admiral Neffenger as the next TSA
Administrator, and I urge his prompt confirmation. Please do not
hesitate to be in touch with me if you have any questions or concerns.
Yours very truly,
Janet Napolitano,
President.
cc: Senior Vice President Peacock
Associate Vice President Falle
______
Arlington, VA, May 10, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write to endorse the nomination and urge the rapid confirmation
of Admiral Peter V. Neffenger to lead the Transportation Security
Administration (TSA). I have known Pete since 2009 when I assumed
duties as Deputy Secretary of the Department of Homeland Security
(DHS). I also know TSA extremely well and can say without hesitation
that he is the right man for this job.
Pete Neffenger is not only superbly qualified to lead TSA, he also
serves as exemplar for precisely the kind of individuals we seek out
for positions of great responsibility in public service. I know Pete
well, having collaborated with him on nearly every dimension of
Homeland Security operations--from preventing terrorist attacks in the
United States, to responding to the Deep Water Horizon Oil Spill, to
the daily operations of the Coast Guard. He is extremely smart,
articulate, and direct--he always speaks honestly, even when his views
diverge from others.
Moreover, he has that rare ability to think strategically while
operating effectively. When writing the first ever white paper for the
Coast Guard, Pete oversaw an effort that at once did honor to the proud
tradition of this Service that has been in continuous operations since
1990, while at the same time cast its ongoing value to the Country in
clear, operational, and compelling terms. He has an encyclopedic
knowledge of the transportation infrastructure and challenges facing
the Nation and he is highly respected by many, many professional
colleagues across government and the private sector who seek out his
counsel and deeply value their engagement with him. I count myself
among their number.
Admiral Neffenger is a man of character, intelligence, and
compassion, and the qualities that make him such an effective leader
combine with his considerable experience to make him pragmatic as well
as inspirational. The American people can have confidence that he will
put their security first. In him, the TSA workforce will find a leader
who will care for them, inspire them, and motivate them to perform
their best every day for the American public.
I urge you to confirm him without delay.
Thank you for the privilege to register my support for Admiral
Neffenger's nomination and continuation to lead TSA. If I can be of
further service, please do not hesitate to call on me.
Sincerely,
Jane Holl Lute,
Former Deputy Secretary,
Homeland Security.
______
Cohen Group
Washington, DC, May 12, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration.
VADM Neffenger would complete a distinguished 33 year career with
the U.S. Coast Guard if he is confirmed for this position. He has
consistently demonstrated the leadership capacity necessary to lead
TSA. The position requires a balance of focused purpose and customer
service. VADM Neffenger's Coast Guard career has been dominated by
assignments where he excelled because he recognized the value of
reaching to others for input that would make an outcome a better one.
He is an established leader in transportation security and has led
Coast Guard participation with state, local, private sector,
international and other Federal agencies to provide enlightened policy
on one hand and effective operational execution and command on the
other. His service as the Deputy National Incident Commander for the
Deepwater Horizon Oil Spill is a perfect example of his skills as a
collaborative leader. As the Administrator of TSA in 2002-2003, I can
attest to the requirement for consistency of mission purpose and an
ability to work productively with the multiple stakeholders who make up
the commercial aviation industry. VADM Neffenger has those skills. He
is a brilliant and focused leader. He is also clearly aware of the
value of strategic planning and intelligence driven and risk-based
decisionmaking. He is very simply perfectly equipped for this very
demanding position.
I highly recommend Vice Admiral Peter Neffenger for TSA
Administrator. Please contact me if you have any questions or comments.
Sincerely,
James M. Loy, ADM (Ret.)
Senior Counselor.
______
Harvard--Kennedy School
Cambridge, MA, May 11, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration. I know of no one more qualified, versatile, and
generous to lead an agency in transition.
As former Assistant Secretary of Homeland Security for
Intergovernmental Affairs, I got to know and work with Vice Admiral
Neffenger during the course of the BP Oil Spill response. We have
remained friends. During the spill, Vice Admiral Neffenger was
appointed Deputy National Incident Commander (NIC) while I was chosen
to be the Director of intergovernmental and interagency coordination.
Both were positions within the NIC and both reported to Admiral Thad
Allen who led the response. We worked closely throughout.
To say it was an intense experience is an understatement. I have
come to believe, with the benefit of hindsight, that there were two oil
spills: the oil spill response and the oil spill event. I want to talk
about the latter because the oil spill was more than just closing the
well or picking up the oil; it required skills of its leadership that
cut across simple operational needs. An entire government apparatus was
engaged on the Federal level. We also worked with five governors
offices, numerous local officials, and a Federal apparatus that
included over 60 agencies and departments. Fishermen and off-shore oil
workers feared for the future. The media offered non-stop assessments.
An entire way of life was threatened for families and the Gulf region.
The spill response required skills of leadership, but also nimbleness.
No amount of training or incident command could prepare anyone in the
Coast Guard for what was happening.
Vice Admiral Neffenger was tasked to manage this historic event.
More often than not, we worked together and I saw firsthand his
capacity to talk honestly, make changes, fix errors and sometimes even
just ``go with the flow'' if that was required. He could just as
equally brief the President on what to anticipate with the oil spill as
talk to a grocery store owner about how to fill out a claim form. Every
morning, for over 100 days, we both hosted a Governor's call with the
five governors offices so that we could inform them of the status of
response. Those were not easy calls, often, and Vice Admiral Neffenger
was calm, explaining the response in ``civilian'' terms, not hiding
behind acronyms or a military lingo. He also listened well, wanting to
hear what could be fixed or changed to make the response faster or
simply answer a question.
A perfect example is his leadership with the local liaisons
program. At some stage during the spill, the NIC command recognized
that local leaders throughout the Gulf were not getting essential
information from the state. This was as much a consequence of how the
Oil Pollution Act, the legal framework for spill response, focuses on
statehouses as it was history and politics. Allen, Vice Admiral
Neffenger and I proposed placing Coast Guard officials in each local
government office so that, for example, each parish president would
have their own ``go to'' Coast Guard liaison. It is not something that
was ever done before, nor something the Coast Guard had planned for.
But Vice Admiral Neffenger explained to his team why it should be done,
and we drove for two days across the coast placing his people in each
local political office (parish presidents, mayors, county
commissioners, etc.). It was a necessary fix, and one that worked as we
were more able to hear from local leadership and respond in real time
to their questions and concerns. It was Vice Admiral Neffenger's
capacity to think outside the box, deploy resources where they were
needed to help the spill response, and convince his team it was worth
this unusual effort that stand out as historic in nature.
And while Vice Admiral Neffenger had to spend a lot of time in
stakeholder engagement and White House briefings, he was also
accessible, always, to his own team. The Coast Guard was under
tremendous stress, and the emotional impact was withering. Vice Admiral
Neffenger always took the time to talk to his own people, to give them
emotional support (and sometimes even a kick in the back if necessary),
but to always let them know he had their back. That is essential at the
Department.
Vice Admiral Neffenger knows that true leadership in homeland
security is one that engages the entire enterprise--communities and
customers, the White House and a parish president, Congress and a state
representative, and also the brave men and women who work for an agency
that is committed to the public's safety and security. Vice Admiral
Peter Neffenger is someone who understands and reflects those basic
needs.
Without question, I highly recommend Vice Admiral Peter Neffenger
for TSA Administrator. Please contact me if you have any questions or
comments.
Sincerely,
Juliette Kayyem,
Lecturer in Public Policy.
______
City of New York--The Police Commissioner
New York, NY, May 11, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson:
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration. I first met and worked with Vice Admiral Neffenger when
I served as the Chief of the Los Angeles Police Department. September
11 was a fresh wound when I assumed that position, and one of the first
things we sought to do was strengthen L.A.'s counterterrorism posture.
In this, I collaborated extensively with the Vice Admiral on enhancing
the security of the port, and I can attest to his professionalism,
competence, and dedication.
Later, as the Vice Chair of the Homeland Security Advisory Council,
I worked closely with Administrator John Pistole. Owing to this, I have
an understanding of the TSA and the duties and obligations of its
leader. I have complete confidence that Vice Admiral Neffenger can
fulfill the role, and do so in exemplary fashion.
I highly recommend Vice Admiral Peter Neffenger for TSA
Administrator. Please feel free to contact me if you have any questions
or comments.
All the best,
William J. Bratton,
Police Commissioner.
______
The American Waterways Operators
Arlington, VA, May 12, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration.
I have known Vice Admiral Neffenger for most of his professional
career as a Coast Guard officer. We have worked together extensively on
the common challenges of marine safety and maritime security that face
his agency and my industry. He is one of the finest Coast Guard leaders
who I am privileged to know.
Vice Admiral Neffenger is a leader with an unwavering commitment to
America's homeland security, an extraordinary capacity for strategic
vision, and an effective partner who works collaboratively to get
important things done for the benefit of our Nation. Each of these
attributes will serve him well as he works with Congress, industry and
the flying public to accomplish the important security objectives of
the TSA.
Vice Admiral Neffenger is also a man of deep integrity. His
relationships with Congress, industry and the public will be
characterized by trust and open communication. I know that based not
only on my personal experience with him, but also based on the
experience of hundreds of individual AWO members around the country who
have worked with him for more than 30 years.
America's homeland security will be strengthened and enhanced with
Vice Admiral Neffenger at the helm of the Transportation Security
Administration. I highly and unequivocally recommend Vice Admiral Peter
Neffenger for TSA Administrator.
Please feel free to contact me if you have any questions about my
strong support for Vice Admiral Neffenger.
Sincerely,
Thomas A. Allegretti,
President and CEO.
______
Cruise Lines International Association
Washington, DC, May 12, 2015
Hon. John Thune,
Chairman,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Bill Nelson,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairman Thune and Senator Nelson,
I write in support of Vice Admiral Peter Neffenger for his
nomination as Administrator of the Transportation Security
Administration.
Vice Admiral Pete Neffenger would serve as Administrator,
Transportation Security Administration with great distinction just as
he has served the United States Coast Guard with great distinction
during his thirty-three year military career. The Cruise lines
International Association wholeheartedly supports his nomination by the
President for such an important position that is critical for our
national security.
At the Cruise lines International Association, we have had the
pleasure of working with VADM Neffenger for many years as he progressed
through his Coast Guard career. We know firsthand of the depth and
breadth of experience he has illustrated in his senior leadership
positions that included security and other key responsibilities.
Specifically, his leadership and pragmatism in emerging areas of policy
development, including Transnational Crime, Arctic Operations, and
Passenger Vessel Safety and Security are second to none.
Prior to his promotion to flag level, we also worked closely with
VADM Neffenger in his leadership capacity in the Port of Los Angeles/
Long Beach. That particular port addresses a wide range of challenging
security issues on any given day. His professionalism and intellect are
hallmarks of his character and both were always front and center,
irrespective of whether we were in alignment or not on the underlying
policy equities. This is absolutely essential for success in working
collaboratively with the regulated community. It is difficult to
envision someone better equipped to understand and communicate with
those whose enterprises are deeply influenced by the effectiveness or
ineffectiveness of TSA.
On a personal level, I worked closely with VADM Neffenger during my
own Coast Guard career. This included serving as his legal advisor when
he was a Director responsible the Coast Guard's resourcing and working
side-by-side with him during the extraordinarily complex Deepwater
Horizon incident in 2010. If the Nation were to ever again encounter a
major transportation security crisis, we could not be in better hands
than those of VADM Neffenger.
I greatly appreciate the opportunity to provide you with the views
of the Cruise Lines International Association on the nomination of VADM
Neffenger. Please do not hesitate to contact me if I can answer any
additional questions or be of any further assistance. You can reach me
on my direct dial or by cell.
Sincerely,
Charles V. Darr,
Senior Vice President,
Technical & Regulatory Affairs,
Cruise Lines International Association (CLIA).
The Chairman. Thank you, Admiral, for those opening
remarks. I will start with a couple of questions and then turn
to our other colleagues who are here.
As I noted in my opening remarks, DHS Inspector General
John Roth testified before the House Oversight Government
Reform Committee last week regarding TSA. He said, and I want
to quote, ``I am deeply concerned about TSA's ability to
execute its important mission.''
Among other things, Mr. Roth's testimony highlighted
vulnerabilities and challenges related to PreCheck, passenger
and baggage screening, access controls to secure areas,
workforce integrity, and operations that you as TSA
Administrator will have to confront, should you be confirmed.
Specifically, Mr. Roth testified that TSA did not concur
with the majority of the OIG's 17 recommendations to address
vulnerabilities in the PreCheck program, and he said this
represents, and again I quote, ``TSA's failure to understand
the gravity of the situation.''
That testimony raises some serious questions. My question
is how will you seek to ensure that the core mission of the
TSA, to protect the Nation's transportation systems, will be
carried out effectively in light of the concerns that have been
identified by Mr. Roth?
Admiral Neffenger. Thanks for that question, Senator. I met
with Mr. Roth earlier this week, because I read the testimony,
and I have read the IG reports that were the basis of that
testimony. I wanted to understand what his concerns were and
what his concerns were with respect to the responsiveness of
TSA to those concerns.
I told him that I saw great value in the oversight
activities of the Inspector General and I saw great value in
having an entity outside an agency looking hard at the agency's
purpose and its actions.
I see a great work list of issues to attend to. I think the
Inspector General has raised exactly the kinds of questions
that if confirmed, I would ask going into TSA, irrespective of
an Inspector General report out there.
When I look at the world of security, I think in terms of
first of all, what is the threat that we are facing, and how is
that threat evolving over time. There is a big intelligence
component of that.
What are the risks or what are the vulnerabilities in the
system that create the risk of that threat acting, and more
importantly, what are the capabilities we have to address those
vulnerabilities and to eliminate that threat if necessary or if
possible, or reduce it to an acceptable level if it cannot be
fully eliminated.
Finally, how does the workforce field those tools, how do
you train the workforce appropriately to do that, and then how
do I ensure that workforce stays trained and continually adapts
and evolves?
The questions that were raised by the Inspector General are
questions about ability to adapt to threat, ability to
understand the intelligence behind the threat, ability to
understand vulnerabilities in the system, and more importantly,
an understanding of a security system as a whole and the
various layers and pieces associated with that.
If confirmed, I intend to look at those issues carefully. I
take the IG's reports very seriously. I promised Inspector
General Roth that I would be back to talk with him in more
detail if I had the opportunity to do so.
The Chairman. If you are confirmed, would you pledge to a
follow-up meeting with Senator Nelson, me, and other interested
members of the Committee to talk about some of the concerns
that have been raised--certain TSA policies?
Admiral Neffenger. Mr. Chairman, I would very much look
forward to working with this committee on those issues.
The Chairman. On March 17, 2015, a bipartisan group of
committee members, including myself, Ranking Member Nelson,
Senators Ayotte and Cantwell, sent a letter regarding multiple
serious security lapses involved in the use of secure
identification display area or SIDA badges.
The incidents range from a Delta ramp agent in Atlanta
using a SIDA badge to facilitate an interstate gun smuggling
operation to a report that thousands of SIDA badges at
Hartsfield-Jackson Atlanta International Airport were
unaccounted for.
Just yesterday, we learned about criminal charges brought
by the FBI, the IRS, and the U.S. Attorneys Office against 14
baggage handlers and co-conspirators in California for using
their SIDA badges to bypass TSA check points in illegally
transporting drugs across the country over nearly a 3-year
period.
TSA's response to our March letter indicated the agency
does not maintain any record of lost or unaccounted for SIDA
badges, leaving the airports responsible for the maintenance of
such records.
Should you be confirmed, what will you do to ensure that
TSA does more to oversee and enforce the regulatory
requirements and security directives regarding SIDA badges so
that we do not continue to discover these abuses?
As a follow-up to that, how will you hold airports
accountable for these very serious security lapses?
Admiral Neffenger. Senator, I appreciate the fact that your
staff shared with me the correspondence you have had with TSA
on this matter. I had a chance to read your letters as well as
the response from TSA.
I share your concern with the breaches of security that
have been discovered over the past months. I am encouraged by
the Aviation Security Advisory Committee report that looked at
this issue, and I think there are a number of recommendations
that came out of that which deserve some attention.
With a population that is supposed to be known, vetted, and
trusted comes the responsibility to ensure that you take that
trust, but you verify periodically that trust is warranted in
those individuals.
I know there are a number of airports out there, two in Mr.
Nelson's state, that are doing 100 percent screening. I believe
it is Miami Dade and Orlando. I would like to visit those
airports and understand what 100 percent screening of the
trusted population looks like, how is it done, and how is it
done in a way that encourages us that it is effective.
I think there is a lot to be said for reducing the number
of access points to airports. Certainly, immediately
introducing randomized screening of employees so there is an
expectation that you might be screened when you go there.
What I would like to say is I want to look at how this is
currently being done, I want to understand truly what TSA's
authorities are with respect to oversight of the SIDA badge
issue, and what are the airport authorities' responsibilities,
and how are those being overseen and how are those being
enforced, what are the standards nationwide that are being set
for that.
Then what is the insider threat, what are the processes to
try to identify insider threats in the future, so you do not
discover after the fact that you have had an operation like
what was happening in Atlanta.
The Chairman. You mentioned the advisory committee report.
Obviously, you are familiar with it. Do you believe it offers a
good blueprint of actionable items that could be undertaken to
enhance security?
Admiral Neffenger. I think it does, Senator.
The Chairman. My time has expired. I will turn now to
Senator Nelson for questions he might have.
Senator Nelson. Again, in the interest of brevity, I will
submit most of the questions for the record.
I am delighted to hear you say you will come to Miami and
Orlando, so you can see how practically speaking it was
implemented, and it has worked in Miami since 1999, and in
Orlando, since 2009.
It is bearing a cost, and that is putting up screening of
all the airport employees coming onto the premises, by taking
hundreds of entry points and boiling it down to a handful, and
then checking them like you would be checking a passenger.
When you check it out, then the question is, for example,
on the magnetometer, how much do they tune it up. Do they tune
it up to the point at which you are screening airport employees
to the same degree that you are screening passengers, and what
other checks and balances are there, swiping the card, having
the employee enter an identification number, so it is another
check to make sure that the employee is who they say they are
going into the secure space, which of course, was the problem
in Atlanta.
The employees could get in and then they had this
prearrangements whereby then they would go into the sterile
area of the passengers, and in the men's room, switch out the
guns into an empty backpack of the prearranged passenger, who
then carried these guns--unbelievably--including a carbine. The
last time they arrested him, he had 16 handguns in his
backpack. Thank goodness he was a criminal and not a terrorist.
It again shows the whole airport security is one thing, TSA
security is another, but this is clearly a case where one
affected the other.
Thank you for offering to come, and I hope that you can
learn something that could be applied to the other 448 airports
in the country that are not doing this.
Admiral Neffenger. Thank you, Senator. I look forward to
the visit, and I look forward to learning what those best
practices are.
Senator Nelson [presiding]. I am going to turn to the
Senator from Connecticut.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you. Thanks for being here,
Admiral. Thanks for your service to our Nation.
I want to focus, if I may, on security in rail and transit.
Our country's public transportation and passenger rail systems
are used by tens of millions of people every day, and they are
the backbone of economic activity throughout our Nation.
We have only to look at the consequences of the
Philadelphia tragedy to see the losses that can occur when our
rails are shut down, $100 million a day to the Northeast region
alone.
Our rails carry five times as many people per day as our
airlines do. Penn Station in New York City handles half a
million passengers a day, making it busier than all of our
airports, and in your city regional airports combined. It is
the busiest transportation hub in our country.
The special commission investigating 9/11 urged vigilant
protection of, and I am quoting, ``Neglected parts of our
transportation security system, like rail and transit, just as
much as we protect aviation.'' That commission said ``Surface
transportation systems such s railroads and mass transit remain
hard to protect because they are so inaccessible and
extensive.''
I posed some questions during one of our hearings, in fact,
back in March, on the TSA. I asked TSA in a question for the
record when the mandates from the 2007 law--it is called
Implementing Recommendations of the 9/11 Commission Act, Public
Law 110-53--when those mandates would be approved.
I received a very broad nebulous statement in response. I
would appreciate a commitment from you that you will answer
specifically about those mandates, when they will be
implemented. The mandates, for example, include approving
security plans for all railroads that are considered
vulnerable, high risk targets for terrorist attacks, issue
regulations that establish training standards on potential
security threats, provide a framework for conducting name based
security background checks and immigration status checks.
These recommendations were due that year, but it is now May
2015, approaching 8 years since the deadline, and we still have
no final action on those requirements.
I am asking you for a commitment to give me specific time
lines.
Admiral Neffenger. Senator, I share your concern for the
security of our surface transportation systems. This is the
world I have spent most of my career in, primarily maritime
transportation, but also the intermodal connections to that,
the rail connections, the trucking connections, and the like,
and the fact that the surface transportation systems that I am
familiar with are directly connected and co-located with large
population centers.
I understand the concern with respect to that. Our surface
transportation, as you know, is a much more diverse and
dispersed set of elements, and you have many, many types of
elements in that world, from buses and trucks and the like to
light rail, heavy rail, and passenger rail.
I think it is important to understand what the various
threats are out there. I go back to the concern about the
intelligence, and then more importantly, I think the
initiatives that are outlined in Public Law 110-53, as you
noted, are fairly straightforward. Security plans, you do need
to understand how you are going to respond to something if you
have an event.
You need to have a common set of standards across the
systems. Those standards may differ from mode to mode, but they
should be consistent within the mode, and they should be based
upon what we understand of the threat, and they should evolve
over time. The easiest security system to defeat is the one
that assumes you got the answer right.
There are a lot of partners involved in this as well, so
what is the connection to your private sector partners, the
other public sector partners, and then how are those
connections and those partnerships maintained over time.
I intend to look very hard at this if confirmed, and
understand----
Senator Blumenthal. I am asking for a commitment that you
will give us some time lines as to when there will be
compliance with the law. That seems like a basic request. Can I
interpret your remarks as yes?
Admiral Neffenger. I will look hard at this law, and how
TSA has addressed its commitments and its responsibilities
under the law. What I will tell you is I believe very strongly
in applying the law of the land as it was intended.
Senator Blumenthal. I hope you do. You are going to be
taking an oath of office to faithfully execute those laws.
Admiral Neffenger. Yes, sir.
Senator Blumenthal. You have done that repeatedly as a
member of our Armed Services. I know you take them very
seriously.
Admiral Neffenger. Yes, sir.
Senator Blumenthal. These measures were approved by this
Congress 8 years ago. They still have not been implemented. I
am asking you for a commitment to develop time lines for
implementing. I am not asking for them to be done on your first
day in office. I am asking for a commitment to take them
seriously and provide time lines.
Admiral Neffenger. Senator, I will look hard at what the
current time lines are that have been provided. I assume you
have been given some indication to date. I would like to find
out what that is.
Senator Blumenthal. I will give you the opportunity to
respond in writing, if you would.
Admiral Neffenger. I would do that; yes, sir.
Senator Blumenthal. I do not mean to hit you cold with a
request of this nature, but I do think it is important to your
confirmation that you commit to providing some sense of when
there will be compliance with the law. I think that is a pretty
reasonable response.
Admiral Neffenger. I will look at what it takes to comply
with the law.
Senator Blumenthal. I am sorry, I think that is a pretty
reasonable request.
Admiral Neffenger. Yes, sir. I really do look forward to
working with you on ensuring I answer that question.
Senator Blumenthal. In that spirit, I would like to ask you
whether you would be willing to come to one of our rail
stations and/or airports in Connecticut to give us some idea of
what you think the security threats are, either in New Haven,
Stamford, or Harvard.
Admiral Neffenger. Senator, I would be happy to do that,
and if confirmed, I look forward to getting out quite a bit to
understand--not only to talk about what the current threats are
but to see how individual components of the system are
addressing those threats and working collectively to ensure the
security----
Senator Blumenthal. I appreciate your commitment to come to
Connecticut. I will be in touch with your office if you are
confirmed, and I look forward to receiving more information
from you in writing about the implementation of Public Law 110-
53.
Admiral Neffenger. Thank you, Senator.
The Chairman [presiding]. Thank you, Senator Blumenthal.
Senator Klobuchar?
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thanks so much, Mr. Chairman, and thank
you, and congratulations on your nomination.
Obviously, you have a very important job, and it is often
said it is one of the hardest jobs in Washington, and I think
that is reflected in some of the questions you have gotten
today.
In my home state, as you probably know, we have had several
people charged since November with traveling or attempting to
travel to the Middle East to join ISIS, and before that, we had
a number indicted, and actually a number convicted for trying
to join al-Shabaab, and that continues to be an issue for our
state, both groups.
If you are confirmed, how will you ensure that information
such as no fly lists or biometric data be disseminated amongst
allies to prevent someone believed to have been trained by
terrorists from boarding a plane heading to the U.S. and how
will you ensure that TSA works with domestic agencies and
international partners to respond to threats?
Admiral Neffenger. Thank you, Senator Klobuchar, for the
question. You are at the heart of the challenge with respect to
understanding the threat, so it is about information sharing
and sharing it appropriately and expeditiously, and to the
right people at the right time, so that you do not have--so
that if you have somebody attempting to travel unlawfully
through the system or worse, that you know about that before
that attempt happens.
I have had some briefings with respect to how this is
currently done. There are a lot of players in that world, not
the least of which are the other Federal law enforcement
agencies and some of the intelligence agencies of this nation.
As you know, the Coast Guard has been a member of the
intelligence community for quite some time. I have worked
closely in that world. I am familiar with the ways in which you
have to take national level intelligence and turn it into
intelligence that can be shared with your local partners and
even your overseas partners.
If confirmed, what I would like to do is take a deeper dive
into how that information is currently moving in the
transportation security world, particularly how it gets
processed into TSA, how it gets processed out of TSA, and then
more importantly, how it gets sent to the very people who need
to know it the most, which are those front line agents and
officers who have to actually make a decision on the spot as to
whether or not somebody is a threat.
Senator Klobuchar. One other thing related to flying, I
just wanted to make sure you are aware of, in 2012, Senator
Blunt and I got passed and signed into law the No Hassle Flying
Act. It allows the TSA to waive domestic baggage rescreening
for luggage that has already been screened, which is key, by
U.S. Customs and Border Protection at a foreign airport that
meets our standards, such as one of the eight airports in
Canada that has pre-clearance facilities.
I asked Acting Administrator Carraway about the
implementation of this program, and just wanted to let you know
that I hope it will continue under your leadership.
Admiral Neffenger. Thank you. It sounds like a good
program, Senator.
Senator Klobuchar. Yes, we worked hard on that one. Another
air-related thing, I head up the Travel Caucus and do a lot of
work in tourism, and again, Senator Blunt and I got the Brand
USA reauthorized, so I understand this mix of security
protection, but as well as trying to make these experiences for
travelers as we look at bringing people in, so many foreign
travelers that want to follow the law and visit our shores, how
important that is to our economy, one of the biggest industries
in the country.
Customs and Border Protection has actually worked with
private sector companies like Disney, and there has been a
number of airports that have partnered with different private
sector partners to improve traveler experiences and our
efficiencies at our port of entry.
This is not just people waiting in line. It is also about
how they are treated when they get there. It is also about the
possibility of having videos of our country that play while
they are waiting in line and other things.
I just wondered about your views on that. This is
completely outside of just the security portion, which of
course has to be respected, but that does not mean when people
come to the airport, that we do not want them to have a good
experience so they want to come back again.
Can you talk about some of your ideas or what you know
about this subject?
Admiral Neffenger. I will, Senator. As you know, the Coast
Guard has a very public face to it as well. We interact quite a
bit with the public. Sometimes those interactions are probably
not what the public wants.
I can remember as a junior officer boarding a recreational
boat to determine if they had the proper safety equipment
onboard and they were operating in a safe manner, and I am sure
I interrupted a family's enjoyable afternoon on the water. It
was up in the Great Lakes, as a matter of fact.
Customer service is important to me, and the way in which
we interact. The public is as much a part of the system as the
people there to protect the public.
In the Coast Guard, every single member of the Coast Guard
who comes in is read a letter that Alexander Hamilton, first
Secretary of the Treasury, sent to the first 10 skippers of the
Revenue Cutter Service, the first 10 commanding officers. The
Revenue Cutter Service was the precursor to the modern day
Coast Guard.
It was a long letter and it laid out all sorts of duties
and responsibilities, it said what the law was, but if you
think about this, these revenue cutters were designed to do
something for the first time, for the brand new United States
of America, that had never been done, which is to stop merchant
vessels at sea and collect duties on the cargo they were
bringing in. Something that was probably not expected or
welcomed by the people bringing them in.
In that letter, the most important line, there is one line
in there where he says ``Always keep in mind that your
countrymen are free men and as such are impatient of everything
that bears the least mark of a dominating spirit.''
He goes on to explain because you have the law on your
side, and he also goes on to explain that if I find out you
have mistreated people, then you will have me to answer to.
That is always in the back of my mind, and over the years--
every time I have advanced somebody in rank or promoted them, I
always read this letter to them after they take the oath of
office, and I read this section, and I remind them that first
and foremost our job is to protect and safeguard the public
that we serve, it is the public that we serve that put us in
our job, and they expect to be treated with respect and
dignity.
That is the approach that I bring, if I get confirmed at
TSA. I look to instill that same sentiment.
Senator Klobuchar. The idea here is to work with the
Commerce Department, you have to figure this out when you get
in the job, but to work on some of these issues.
I think there has been improvement with how TSA has been
treating people. It is not as much my issue as just looking at
how we can make things as efficient as possible in those port
of entries, but also how we can partner with the private sector
to actually make them look better. They are entering our
country for the first time.
This may be a bit of a luxury we have now because the
economy is improving, but we are having more and more foreign
visitors on our shore, we are finally advertising in other
countries, and we want them to come back and spend money in the
U.S., because that means jobs in the U.S.
Thank you very much, appreciate it.
Admiral Neffenger. Thank you.
The Chairman. Thank you, Senator Klobuchar. Let me just do
one more follow-up question regarding some of the issues that
are going to be directly under your jurisdiction.
We had in 2010 an appearance before this committee of TSA
Administrator Pistole to rate the effectiveness of the TWIC
program as 3 out of 10. In addition, the GAO has issued harsh
criticisms of the program. This committee has repeatedly
expressed its concerns with delays in issuing TWIC cards to
individuals, and the long delay in releasing a final rule to
regulate the TWIC readers.
Just yesterday, this committee passed legislation that
would provide for an outside review of the program with the
goal of developing a corrective action plan to make
improvements.
Your role in the Coast Guard working on port security
issues provides you with unique insight into the value of the
program. Could you please provide us with your thoughts and
your plan for improving the management of this program?
Admiral Neffenger. Thank you, Mr. Chairman. I will start by
saying I think there is great value in having a known trusted
vetted population moving in and out of areas that we think may
have vulnerabilities or security challenges, and the port
environment is one of those, very dynamic and very open
environments, and there is a lot of moving in and out.
I think the goal of a vetted understood population is a
laudable one and a good one.
The TWIC program itself has been challenging over the
years, and although I have not in the Coast Guard been directly
involved in the various components, I have had oversight
responsibility for aspects of it.
The reader rule, as you know, is a Coast Guard owned rule,
and that is in the process of coming to fruition now, which
would allow us to actually read the biometric on the chip.
I am in favor of independent reviews on a periodic basis
because I think they can raise issues that you might become
blind to over time, as you are working through the
implementation of a project.
This was a challenging project, I know, over time because
in some senses it was maybe the largest issuance of a Federal
I.D. to a private workforce that will then be privately
enforced at multiple locations around the Nation. There are
challenges associated with that.
I am interested in looking at delving deeper into the GAO
concerns, meeting with the GAO. I have not had a chance to sit
down with the General Accountability Office yet, but I intend
to do so over the coming weeks, and in particular, take a
harder look at the current status of TWIC.
I know in the briefings I have had with TSA, they have done
a lot of things to improve the throughput and the turn around
time on the TWIC, but ultimately what you want is an I.D. card
that can be trusted, and that can verify the individual who is
presenting it is in fact that individual.
The Chairman. This is a little bit off topic, at least with
your nomination for TSA, but would you like to share with the
Committee your understanding of the Coast Guard response to the
oil spill near Santa Barbara?
Admiral Neffenger. That is an ongoing spill response. As
you know, it happened over the--it was a pipeline spill, a
pipeline rupture. It has put a fair amount of oil into the
water. I forget the exact number of gallons, but it is
significant enough to have caused some shore line impacts.
The response is fairly straightforward in terms of the
techniques that are used, and I think from the response
standpoint, I think the responders are doing everything they
can do at this point.
The real challenge is in the long term clean up as well as
the long term mitigation efforts that might follow as a result
of that, and then holding the company accountable for that and
the costs associated with the spill.
I know we have a number of responders. I do not know the
exact count. The local Coast Guard Captain in that region is
responding to that. We are quite concerned; there are some
highly sensitive areas along the California coast there. We
want to make sure we have addressed the potential for any
follow on spills that come out of that.
I can provide the Committee with detail on that, and I
would be happy to do so for the record.
[The information referred to follows:]
1. The Responsible Party's worst case estimate is 101,000-140,000
gallons, with an estimated 21,000 gallons reaching the ocean. Source:
http://www.refugio
response.com
2. At the height of the spill response, approximately 1,400
personnel were in the Incident Command Post and the field conducting
response operations (June 29, 2015). At present (August 30, 2015), 91
responders and incident management personnel are conducting maintenance
and monitoring.
3. The spill occurred on May 19, 2015 and transitioned to Phase III
(with approval of the Guidelines for Maintenance and Monitoring) on
August 7, 2015 (81 days). Maintenance and monitoring activities are
ongoing.
4. Key partners involved:
a. U.S. Department of Transportation
b. USCG
c. EPA
d. U.S. Fish and Wildlife Service
e. NOAA
f. California (CA) Department of Fish and Wildlife
g. Office of Spill Prevention and Response
h. Santa Barbara County
i. Chumash Indian Tribe
j. 55 local environmental non-government organizations
5. Future plans: Per Phase III (Guidelines for Maintenance and
Monitoring), teams will continue to survey and monitor from Arroyo
Hondo to Rincon Point following the Shoreline Cleanup Assessment
Technique (SCAT) process. The SCAT process characterizes and documents
the nature and extent of oiling and recommends appropriate treatment
within the affected areas. SCAT surveys will be conducted using
standardized protocols by teams on foot for accessible shorelines in
the affected area.
SCAT teams will:
Survey for buried oil that has been uncovered through sand
erosion;
Conduct periodic oil sampling throughout the Santa Barbara
response area and compare oil samples to the oil that was
discharged from Line 901;
Search for and sample oil in areas after the first
significant storm event (storms erode beaches and may reveal
previously unknown oil deposits);
Conduct sampling in December 2015 and May of 2016;
Determine cleanup needs if Line 901 oil is found; and
Monitor progress in areas where scientists determine that
further cleanup would do greater harm to the environment versus
natural recovery/remediation processes.
The Chairman. You were the on-the-scene coordinator for the
BP oil spill, which this committee just had a hearing on, on
its anniversary. Can you give us maybe a sense of the Coast
Guard response with state and other partners there?
Admiral Neffenger. As you know, the BP oil spill was the
largest oil spill in our history, and what made it particularly
challenging is it was an ongoing spill for 75 consecutive days.
We had the equivalent of a spill the size of the Exxon Valdez
every single day for 75 days, so matter what you did 1 day, you
were looking at a huge volume of oil the following day.
That one taxed all the resources available. At one point we
had 2,500 miles of boom stretched out. I think given its scope,
given the complexity of that spill, it stretched across five
Gulf states, it impacted many different types of wildlife,
shore line, and habitat. We put to bear pretty much every type
of oil clean up technique and equipment type you could have,
over 50,000 people responding.
I think in retrospect, given the severity of the spill and
given the fact that any time you have that much of an oil
spill, you are going to have damage and environmental impact.
I think the responders did truly a remarkable job of
limiting the amount of damage done. That is not to say there is
not damage and there is not going to be some ongoing
assessments with respect to how severe that damage was.
I think when you look in retrospect at how much was done
and how much had to be done, it is remarkable that we did not
see even more damage from that spill.
The Chairman. All right. I think we have exhausted the
people who want to ask you questions. Maybe not. The Senator
from Alaska has arrived. We will give him a minute. I think you
may be here on the hot seat for at least a few more minutes.
Senator Sullivan?
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman. Admiral, thanks.
Sorry about the tardy arrival here.
One thing that I just wanted to start with, first, thanks
for your outstanding career with the Coast Guard. I always like
to ask candidates or nominees for these important positions the
very basic question of why you want the job.
You know, TSA, if you get confirmed, you are going to come
back to this committee. There will be hiccups and things you
are going to have to answer for. You probably are going to have
the cameras rolling and some senator beating the living
daylights out of you on TV.
Why do you want to do this?
Admiral Neffenger. Senator Sullivan, thank you. That is a
great question. That is a question I asked myself. I wind up
with the same answer that had me join the Coast Guard in the
first place.
As corny as it may sound--I was 5 years old when John
Kennedy was inaugurated as President. I grew up with the ``ask
what you can do for your country'' tag line, and it was drilled
into us by every teacher I had throughout my grade school and
elementary school experience. My parents reminded me of that
repeatedly.
I grew up with this idea of public service. I really
believe in public service. I believe it is an important--there
are important missions in serving the public.
Some of this is when your country asks you for something, I
think you owe it to your country to consider it. Then I looked
at the agency itself. I thought how would I fit into the
Transportation Security Administration, and there are a
remarkable number of similarities between the Coast Guard and
TSA in these terms, it is a mission-focused agency, it has a
really, really important mission. In many respects, it is a no
fail mission.
I am impressed by people who have already raised their hand
and taken an oath and said I want to do that, I want to do this
really hard job that this Nation has to offer me. I know it is
going to be a tough job. It might not even be a job where I am
well liked.
I look at the men and women who are on the front line at
TSA every day, and I think that is really a tough, tough job,
and they deserve somebody who respects and admires them for the
work they do.
I like that idea. I like the idea of building an agency
culture around mission. I like the idea of reminding people of
the importance of those missions, and then I am familiar with
these geographically diverse and dispersed workforces. It is a
relatively junior workforce in terms of their relative place in
the organization. How do you engage a workforce like that, and
how do you get them to feel a part of something.
We have some pretty remote Coast Guard locations, you know
yourself, you have some really remote Coast Guard locations in
Alaska. There is a great story about a guy who got sent to St.
Paul once and he thought it was Minnesota and found out it was
Alaska and told his family that----
Senator Sullivan. I was just with a bunch of Alaskans in
St. Paul yesterday. Great Americans.
Admiral Neffenger. He spent most of the time moving a rock
from one side of the island to the other to try to get a little
closer to home.
I look at that and I think how do you touch people, how do
you trust them to do the job. They are very young, they are
junior. You are giving them in many respects some of the most
challenging missions they could have, and you tell them you
cannot fail, and then you leave them all alone on their own.
I think all of that looks like a way of thinking that
applies directly to the Transportation Security Administration,
and as I said, it looked more and more intriguing the more I
saw it, and I believe in public service.
Senator Sullivan. Great. Thank you for that. I appreciate
that heartfelt answer. It is good to hear.
I want to talk about emerging threats and how you believe
TSA is keeping ahead of those threats, do you think they are?
What do you think we need to do?
There has been a lot of criticism of the agency, that you
if confirmed will be leading. I think any time you stand up a
brand new agency, particularly in the kind of circumstances
that we stood up TSA after 9/11, there is going to be hiccups,
there is going to be bumps in the road.
I always go out of my way in Alaska to compliment our TSA
agents who I think are doing a good job, not perfect. There are
some issues that a lot of Alaskans have concerns about. I had
an address to our state legislature, one of the leaders in the
state legislature had concerns about the TSA becoming much more
kind of law enforcement as opposed to security.
How do you mix those and stay in front of these emerging
threats? As you say, we cannot afford to fail in that mission
the TSA has.
Admiral Neffenger. That is the challenge, I think, facing
TSA. As I think about security and I think about what makes for
an effective security system, clearly, there has to be a number
of layers in that security system, and no one single layer can
be expected to stop all threats from getting through.
Then how does that system evolve over time. We know those
who would exploit or do harm are those who would try to bypass
the system or game the system will do so if it is static over
time. How do you evolve that system, how do you understand how
the threat is changing.
As I look at the threat streams, and I have had a number of
briefings on the current threat to the transportation systems,
specifically the aviation systems, and we know that threat is
evolving.
It evolved immediately after 9/11. You saw Richard Reid,
the shoe bomber, very shortly after 9/11, and Abdulmutallab,
the underwear bomber case. All of those things tell us that you
have a learning enemy, and the enemy does get a vote in this as
well.
I think it is important that you have a clear and strong
connection to the intelligence community, that your
intelligence community is focused on understanding the threat
and how it might be evolving, that you pay attention to what
the intelligence community is saying, and that you disseminate
that.
You have to get that training into the workforce, and then
you have to have a system that adapts to the threat, so that
if, for example, you have some element of your security system
that no longer addresses some specific new threat, then what
are the other layers of your system that can compensate for
that until you can get that element back up to where it needs
to be.
If confirmed, I intend to ask lots of questions about that,
and I would really want to focus on this evolving adaptable
nature. I think that has to be built into the culture of the
organization. It has to be a learning organization, an adapting
organization, one that never thinks it got the question right.
The security system today does not necessarily mean that is
the security system of tomorrow. In fact, I want to know what
the security system tomorrow looks like, next year, and the
year after, so it stays ahead of the enemy that would exploit
the system.
Senator Sullivan. Let me ask one final question. This is a
little bit more kind of Alaska and regional specific. After 9/
11, Congress mandated that airports install explosive detective
systems. There was a promise of Federal cost sharing, that 90
to 95 percent, I think most airports have abided by that, have
implemented that.
I also think most airports have not received in return the
promise of reimbursements. I think in Alaska, the Anchorage
Airport has about a $20 million reimbursement. For an airport
our size, that is a significant amount of money. It is
obviously much larger in some of the bigger airports.
Would you consider making sure these outstanding
reimbursements are part of the President's budget request if
confirmed? Right now, I believe that is an issue that has not
come up in the budget, even though there was a reliance by
many, many airports throughout the country on that promise.
Admiral Neffenger. As I understand it, I think you are
referring to in line baggage systems in particular in airports
and the program that would allow airports to seek reimbursement
or Federal matching funding for that.
I am not familiar with the specific case in Anchorage. I
have been briefed in general on that program. If confirmed, I
want to understand first of all how much money has been
allocated to that, what is the appropriation, and are the
resources that have been currently appropriated adequate to
support the program, and what are the ways in which that
program operates, what is the process for doing that, and how
well understood is that process and how well has it been done.
What I would like to do is look at that, and promise to
come back to you, Senator, and tell you what I found
afterwards.
Senator Sullivan [presiding]. Great. That concludes the
hearing. The hearing record will remain open for two weeks.
During this time, Senators are asked to submit any additional
questions for the record. Upon receipt, the witnesses are
requested to submit their written responses and answers to the
Committee as soon as possible.
Senator Sullivan. I want to thank you, Admiral, for your
desire to serve your country, for your great service to your
country. I have not even asked you if you have served in
Alaska. Have you?
Admiral Neffenger. Unfortunately, I never had the chance to
be stationed there.
Senator Sullivan. I will not hold that against you.
Admiral Neffenger. I spent a lot of time in Alaska. In
fact, I was up in Barrow just about 4 months ago.
Senator Sullivan. The Coast Guard does fantastic work up
there. We just want more Coasties, not less, in Alaska.
This hearing is now adjourned. Thank you very much.
[Whereupon, at 12:02 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Vice Admiral Peter V. Neffenger
Question 1. In March of this year, Senator Nelson and I sent a
letter to the Transportation Security Administration (TSA) regarding
the revelation that the agency had allowed a convicted domestic
terrorist to qualify for expedited screening. Clearly, an incident like
this reflects the necessity for the TSA to continually revise its
screening processes and risk assessment rules in order to reduce
vulnerabilities. Should you be confirmed as TSA Administrator, what
would you do to improve risk-based, expedited screening initiatives to
reduce security vulnerabilities?
Answer. A risk-based approach to security requires continuous
assessment, adaptation to threats, and adjustments to the security
regime to ensure the system remains responsive, unpredictable, and
layered. Recognizing that the vast majority of the people, goods, and
services moving through our transportation system are legitimate and
appropriate, the key elements are to segregate risks, identify less
risky populations, and then apply a range of capabilities tailored to
each operating location and to each population. This approach requires
continuous assessment of the threat, a focused and on-going effort to
continue to partition risk, an aggressive process to understanding and
mitigating the system's vulnerabilities, a nimble operational concept,
a rapid development process for new capabilities, and vigorous testing
and training of the workforce. If confirmed, my intent would be to
ensure such a system is in place. I would work to strengthen our self-
assessment capabilities, evaluate our vulnerability mitigation plans,
closely review operations and training, include the efficacy of
expedited screening operations, and I would ensure we have a process to
continually measure the appropriateness and effectiveness of the
various layers and tools of security currently in use.
Question 2. In March 2015, an investigative report documented
misconduct among some Federal Air Marshals who were inappropriately
reassigned from their allotted flights as part of a scheme to
facilitate improper relationships with other employees or to get better
routes and travel to cities they preferred. I wrote a letter last
month, along with Sen. Nelson, to the Department of Homeland Security's
Inspector General (IG) asking him to investigate any criminal activity
that occurred and any high risk flights that should have been covered
by the Federal Air Marshals that were not staffed appropriately as a
result of the misconduct. The IG responded that his office has joined
the criminal investigation into misconduct currently being led by TSA's
Office of Inspections and the Department of Justice. With this and
other serious instances of employee misconduct reported in the media in
recent months, how do you intend to ensure that TSA maintains a culture
of integrity?
Answer. Based on my experiences in leadership and public service I
believe that an organization must continually set and reinforce the
standards of dignity, respect, integrity, and professionalism in order
to embed them into an agency's culture. An agency must set clear
standards of behavior, train and operate to those standards, and hold
its members appropriately accountable when they violate those
standards. If confirmed, I will follow these proven lessons of
leadership and apply a similar effort in conveying the values of the
organization, to further instill them into the daily behavior of every
employee throughout the TSA workforce, and to hold individuals
accountable when behavior falls short of these expectations.
Question 3. Serious allegations about employee misconduct at TSA
have a negative effect on employee morale. How do you intend to work on
improving employee morale at TSA with its large workforce of over
50,000 personnel?
Answer. My experience reflects that strong and positive morale
results directly from a positive leadership approach. In this approach,
leaders care about what matters to those we lead. Successful leaders
have an awareness of what compels employees to commit their talents,
energy, and effort to any endeavor. In my view, regardless of the
generation, what drives motivations of the employees in a workforce is
knowing that what they do matters, that the work is meaningful, and
that each employee can provide value and make a difference. Thus, if
confirmed, it will be my intent to ensure that each member of TSA has a
clear, well-defined purpose, that they know the importance of their
mission, that they are trained and empowered to perform their duties,
that they are valued and supported in doing that mission, and that
leadership provides equitable and consistent accountability at all
levels, as well as appropriate recognition for performance. Another
significant component of morale and performance is the recognition in
the workforce that the leaders appreciate the challenges of their
employees' work and that the leaders are responding to those
challenges. Leaders must create opportunities to listen to the
workforce, to understand workforce challenges, and to act upon concerns
both to advance the mission and to support employees in executing their
duties. This can take the form of new training, better tools, and
improved procedures or it can mean that we have their back when we ask
them to do difficult things as part of their no-fail mission. This is
the approach I have taken in my current career, and, if confirmed, it
is the approach I will bring to TSA.
Question 4. While the focus at TSA is largely on commercial
aviation, international terrorist attacks have proven that ``soft''
targets like passenger rail, transit systems, and pipelines are also
attractive for terrorist groups and lone wolves. How will you allocate
resources to these potentially more vulnerable targets in a risk based
manner?
Answer. Surface transportation comes in many forms--buses, ferries,
passenger rail, heavy rail, light rail, subways, and other similar
conveyances. These modes are widely distributed and, by their nature
and design, are more open and accessible than the aviation sector.
Still, delivering security to these systems requires a similar approach
to the one employed in securing aviation. These modes require a
continuous evaluation of the strategic security environment, as well as
an understanding of the threats and how they are evolving. They also
require that we field appropriate capabilities to address these
threats. These capabilities are responsive to the distributed nature of
these transportation modes. Ultimately, in the surface sector, security
is best delivered through a network of interconnected capabilities and,
by necessity, includes partnerships with state and local transportation
security providers. TSA plays an important role in developing standards
and best practices in leveraging this distributed capability, as well
as sharing information among these entities. If confirmed, I will
examine the nature and extent of these partnerships, seek to understand
their challenges and effectiveness, and provide the oversight and
standards needed to ensure there are appropriate and effective
protections in place.
Question 5. On May 6, 2015, TSA resubmitted to Congress two
controversial fee proposals. The first would increase the Aviation
Passenger Security Fee from $5.60 per one-way trip to $6.00 in the
second quarter of FY2016, and would continue to increase the fee up to
$7.50 in FY2019. The second proposal would, in FY 2017, reinstate the
Aviation Security Infrastructure Fee, which was repealed under the
Bipartisan Budget Act that the President signed last year. What are
your thoughts on the current proposals put forward by the TSA to
increase the Aviation Security Passenger Fee and reinstate the Aviation
Security Infrastructure Fee? Will you commit to working with this
Committee and others in Congress when such issues arise, should you be
confirmed?
Answer. I am aware that passenger fees are used to help fund the
TSA mission in addition to annual appropriated funds. If confirmed, I
look forward to examining both the current execution of the FY15
appropriated budget and the FY16 budget request to ensure the agency is
suitably resourced for its important mission. Also, if confirmed, I
look forward to working with this Committee and the Congress to strike
an appropriate balance among fee-based and appropriated funding
approaches.
Question 6. TSA serves as the face of the Federal Government to
millions of Americans every day. You mentioned in your reply to the
Committee's questionnaire that customer experience is among the top
challenges you see facing the TSA. What will you do to improve customer
experience should you be confirmed as TSA Administrator? How will you
engage with stakeholders like airports and technology companies to
improve the relationship with TSA in order to effectively and reliably
secure transportation systems?
Answer. Through my current career, I have routinely interacted with
the public in enforcing maritime safety and in conducting the Coast
Guard's law enforcement missions. I have learned that an organization
designed to enforce rules and the law must do so with respect for the
public that it serves, and a commitment to doing so professionally and
dispassionately. We live in a nation that cherishes its rights and
liberties, and our workforce must respect these rights and liberties
while performing its security mission. While security is inherently
intrusive, TSA must exercise its authorities with the highest degree of
dignity and respect. In my experience in the Coast Guard, continually
reinforcing this message and ensuring that leaders at all levels
reinforce those expectations can be successful in embedding them into
an agency's culture. If confirmed, reinforcing and instilling this
mindset into the TSA workforce will help to ensure a positive
experience without compromising the effectiveness or success of the
security mission.
The security of our transportation system also depends upon strong
partnerships at all levels of government, with the private sector and
with the traveling public. If confirmed, I envision communication,
genuine collaboration, information sharing and involving stakeholders
in developing solutions to the challenges we face as key elements of
the approach I would take in leading TSA and in protecting our national
transportation system. I have had extensive experience in working
across government, with the private sector and with the public in
setting and achieving security goals, and if confirmed, will continue
to employ this collaborative approach.
Question 7. TSA has faced significant challenges in the past in
developing and responsibly acquiring new security technologies. Given
how important cutting edge technology is to securing our Nation's
critical transportation systems, how should TSA's limited resources be
focused to develop and acquire better technology and how can the
current process be responsibly streamlined to ensure that taxpayer
dollars are not being wasted?
Answer. Science, technology, research, and product development will
continue to provide invaluable tools to support the TSA security
mission. In my current role as Vice Commandant of the Coast Guard, I
serve as the Component Acquisition Executive. I have been directly
involved in managing this system as well as participating in a variety
of system and process improvements over the past decade. I understand
how critical a sound, defensible, and responsive acquisition program is
to mission results. It requires a deep understanding of the
capabilities of potential technology, partnerships with industry and
the private sector to ensure appropriate investment, flexible and
adaptive systems that are responsive to the threat without sacrificing
strong controls and program oversight, sound project management, and
strict adherence to Federal law and DHS policies. In my preparation, I
have been provided an overview of the TSA Acquisition Program and the
program management process. If confirmed, I will apply my extensive
experience in acquisition oversight to the TSA acquisition enterprise
to ensure that our investments are appropriate, deliver results, and
that they provide sound stewardship and a return on taxpayer
investment.
Question 8. TSA's best-known risk-based security initiative is the
PreCheck Application Program, which has been popular with travelers and
has provided TSA with important cost savings. Although the PreCheck
Application Program benefits both TSA and trusted travelers, there has
apparently never been a marketing or technology plan developed and
deployed to help drive greater numbers of enrollments. While any
potential expansion of the program must involve appropriate vetting of
enrollees, what are your views on PreCheck Application Program
expansion, and do you see a role for airports and the private sector to
facilitate such an expansion? If you are confirmed as Administrator,
would you commit to pursuing more enrollment options and marketing the
program to increase participation in a responsible manner? Acting
Administrator Carraway told the Committee at a March 2015 oversight
hearing that the TSA's Request for Proposals related to PreCheck
Application Program expansion would be reissued within a week, which
did not occur. Will you commit to examining promptly and reissuing the
RFP, if appropriate?
Answer. I support the expansion of risk-based initiatives. It is my
understanding that the PreCheck Program has helped TSA learn more about
the traveling public and that it is a key element in the risk-based
approach that allows TSA to focus its highest efforts on travelers whom
we know less and who may pose a potentially higher security risk. If
confirmed, I will review the RFP referenced above. If confirmed, I also
intend to pursue methods to increase participation in a responsible
manner, particularly in ensuring we have high confidence in the risk
assessments this process delivers, as well as determining the
feasibility of pursuing additional enrollment locations.
Question 9. TSA is currently involved in longstanding patent
infringement litigation with a small business known as SecurityPoint
regarding airport security checkpoint advertising systems intended to
save money for taxpayers and airports by offsetting costs. The Federal
Government could potentially be liable for significant sums if the case
is not settled and SecurityPoint's patent is found to be valid.
Moreover, as a result of the pending litigation, TSA has allegedly
blocked SecurityPoint from contracting with additional airport
authorities, thereby preventing the agency, taxpayers, and airport
authorities from benefiting from the associated cost savings. If true,
TSA's actions are troubling and raise broader concerns about the way
TSA handles such matters and engages with the private sector. Have you
been briefed on this litigation and/or TSA's actions with respect to
airport authorities seeking to enter into new contracts with the
company? Will you commit to reviewing this matter and taking
appropriate action to ensure that TSA resolves this issue in a way that
minimizes the exposure of taxpayers and allows TSA to achieve cost
savings and screening efficiencies from private sector technologies?
Answer. I have not been briefed on this issue, and if confirmed, I
commit to reviewing this further.
______
Response to Written Question Submitted by Hon. Roy Blunt to
Vice Admiral Peter V. Neffenger
Question. Admiral Neffenger, TSA calculates and uses a Federal Cost
Estimate (FCE) to set minimum acceptable bids in all Screening
Partnership Program (SPP) solicitations. Yet, by its own admission, TSA
does NOT include total cost to the Federal Government as-a-whole in its
FCE, but instead includes only costs associated with TSA specifically.
Such a FCE significantly underestimates total costs to provide airport
security screening, and its use by TSA to set minimum acceptable bids
for SPP solicitations creates an equally significant disincentive for
potential SPP contractors to even submit bids for such contracts.
Furthermore, by using this method to set artificially low minimum
acceptable bids in solicitations, the potential is increased that
important security corners will have to be cut in order to meet the
artificially low cost requirement. If TSA continues to use a Federal
Cost Estimate in this way, will you insist that the total costs to the
Federal Government are included in its calculation? If not, why not?
Answer. During my nomination proceedings, I have received briefings
on the Screening Partnership Program. I understand that SPP has gone
through a recent set of reforms providing for a more efficient
application and procurement process. If confirmed, I look forward to
reviewing the methodologies and cost estimates that are used to
calculate the feasibility of a privatized screening workforce and to
better understand how those decisions are made.
______
Response to Written Questions Submitted by Hon. Steve Daines to
Vice Admiral Peter V. Neffenger
Question 1. In early 2012, TSA installed new Advanced Imaging
Technology (AIT) millimeter wave full-body scanner at five airports in
Montana, and one more was allocated to Great Falls upon completion of a
security checkpoint expansion. One year later, TSA removed AITs from
two Montana airports, Helena and Kalispell, as well as other small
airports across the US. Airport operators were told that these new
machines were being sent to larger airports to replace backscatter
scanners being removed due to agency's failure to meet the June 1, 2013
deadline set by Congress for privacy software upgrades. No plans were
made to replace the new AIT machines at smaller airports.
Additionally, recent GAO investigations indicate Red Team agents
were able to get prohibited devices through security checkpoints more
than 95 percent of the time. Would further AIT implementation have
increased the success rate of TSA airport screeners? What will be your
plan as Administrator to procure, deploy, and install AIT machines at
smaller airports in Montana and across the US--especially for those
that were removed or allocated and never received? Will this be
expedited in light of recent investigations? How will AIT operators'
and screeners' training be revised to ensure passenger safety is not
compromised and public trust is regained?
Answer. If confirmed, I will review and evaluate current TSA plans
to procure, deploy and install AIT equipment at airports that do not
currently have them. In the meantime, I will immediately address the
vulnerabilities brought to light by the Inspector General's covert
testing. This will include carrying out Secretary Johnson's recent
directives while concurrently seeking to understand and correct the
more systemic issues that may have given rise to the failures.
Immediate directives are targeted at standards and training across the
workforce--what must be done right away to close the gaps found, and
what must be done in future? TSA must focus on the mission, understand
what must be done to accomplish that mission, set and enforce high
standards of training and accountability, and then test to ensure those
standards are maintained.
Question 2. Twenty-one airports nationwide participate in the TSA's
Screening Partnership Program (SPP). With nearly half of them in
Montana, 9 of Montana's 13 commercial service airports, participating
in the private screening program. What steps will you take to expand
SPP to ensure that Montanans maintain this service and it is expanded
to other communities?
Answer. I understand that airports can apply to TSA for private
sector entities to perform passenger screening under the Screening
Partnership Program. While I believe that it is critical to have a
national set of standards for aviation security, and that there must be
national oversight of the implementation of those standards, the option
for private sector screeners may provide an opportunity to provide
services at lower taxpayer cost. To that end, if confirmed, I will
ensure that airports that wish to explore participation in the
Screening Partnership Program are afforded the opportunity to do so,
and that the program itself is well-understood and publicized as an
option.
Question 3. Montana airports continue to grow at a pace surpassing
the national average. Bozeman's airport enplanements has grown 26
percent since 2011 while nationally growth has only been 4 percent. It
has just been named a ``Small Hub'' by the FAA. A lot of this growth
comes in surges during the winter and summer tourist months. We welcome
these visitors, but want to make sure that both visitors and residents
don't experience delays and inefficiencies during these busy times.
What staffing steps would lead the TSA in to accommodate this growth
and seasonal surges?
Given the cap on TSA screener workforce, selectively deployed
screening technology, and forecast passenger growth, how would you
guide the TSA to achieve efficient thru-put at security checkpoints
across the US, including rural airports, Small Hubs and larger
airports?
Answer. Our aviation security system must always remain attentive
to the need to ensure the continued and efficient movement of
passengers and cargo. If confirmed, I will examine TSA's, and SPP
contractors', current airport staffing models to determine whether they
are sufficient to meet demand. In particular, I will focus on seasonal
surge needs. This will include a review of overall system design to
determine whether there are more efficient methods of moving the
traveling public through the system.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Vice Admiral Peter V. Neffenger
The need to complete mandates of the Implementing Recommendations of
the 9/11 Commission Act
Question 1. In 2007, Congress passed the Implementing
Recommendations of the 9/11 Commission Act (P.L. 110-53)--measures the
9/11 Commission urged Congress to adopt to ensure greater security.
That legislation requires TSA to create a regulatory framework that
addresses the threats facing our passenger and freight rail systems and
transit agencies. Among other things, the legislation directs TSA to:
Approve security plans for all railroads that are considered
vulnerable, high-risk targets for a terrorist attack (Section
1512);
Issue regulations that establish training standards on
potential security threats and conditions for frontline
employees at public transportation agencies, railroads and bus
providers (Sections 1408, 1517 and 1534); and
Provide a framework for conducting name-based security
background checks and immigration status checks on all
frontline employees at public transportation agencies and
railroads (Sections 1411, 1520 and 1522).
The legislation was enacted in August 2007 and these items were all
due within one year of that date. Yet as of May 2015--approaching eight
year since the deadline--we still do not have final action on these
requirements. Failure to complete all the mandates of the legislation
raises questions about attention to urgent priorities and whether we
are prepared for any and all emerging threats on the horizon.
Vice Admiral Neffenger, after this committee's March hearing on the
TSA, I asked TSA in a Question for the Record when the mandates would
be met. I did not receive any sort of concrete response--just broad
statements that the mandates were being addressed.
If you're confirmed, when will they ALL be completed?
Answer. If confirmed for this position, I will ensure that TSA
responds to you with their best estimate as to the timeline for meeting
the requirements of Public Law 110-53--specifically, the Sections noted
above.
Status of the Transportation Security Acquisition Reform Act
Question 2. Last year, Congress passed the Transportation Security
Acquisition Reform Act (P.L. 113-245), which requires TSA to ``to
implement best practices and improve transparency with regard to
technology acquisition programs,'' including development of a five-year
investment plan in consultation with industry.
I co-sponsored that measure in the Senate in order to ensure a
better acquisition and procurement process at the TSA.
Vice Admiral Neffenger, if confirmed, what attention will you put
toward carrying out this legislation?
Answer. If confirmed, I will closely examine TSA's acquisition
programs to ensure compliance with law, policy and best practices. I
serve as the Component Acquisition Executive in my current role as Vice
Commandant of the Coast Guard, and I have been directly involved in the
reform of the Coast Guard acquisition program over the past decade. I
understand how critical a sound, defensible and responsive acquisition
program is to mission results. It requires strong controls and
oversight; a rigorous requirements generation process; project
management and sponsor separation; strict adherence to DHS and Federal
rules and policies; and a continual, honest assessment of value,
effectiveness and efficiency. If confirmed, I will apply my experience
in acquisition oversight to TSA.
Question 3. If confirmed, how will you ensure TSA is engaging with
industry to develop a five-year investment plan?
Answer. Strong industry partnerships linked to a robust agency
requirements generation process are key to fielding effective
technologies. If confirmed, I will meet with current equipment
suppliers and engage with industry groups and will incorporate their
expertise and input into a long-term investment plan.
Question 4. If confirmed, how will you ensure TSA is working to
expedite the approval process for next-generation security
technologies?
Answer. A transparent, defensible and well-understood acquisition
approval process underpins an effective and responsive acquisition
program. If confirmed, I will ensure a complete review of TSA's current
processes and will adjust these as needed to ensure that they are
transparent, defensible, in compliance with law and policy, and that
they have strong oversight controls.
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