Chairperson Berry, Vice Chairperson Reynoso, Members of the Commission, and Staff Director Jin, I appreciate the opportunity to submit this statement on the Department of Transportation's (DOT's) work to strengthen transportation security in the aftermath of the horrific attacks that occurred on September 11, and our efforts to ensure that those new security requirements preserve and respect the civil rights of individuals to be protected from unlawful discrimination.

DOT and the agencies under our jurisdiction are working to prevent intentional harm to our critical air, surface, and water transportation systems, as well as to support national security and counter-terrorism policy. In securing our national air transportation systems, where much of our efforts have been directed to date, we have taken specific steps to ensure that persons do not face discrimination on the basis of race, color, national or ethnic origin, religion, sex, ancestry, or disability.

I understand that of particular concern to the Commission is the potential racial, ethnic, or religious profiling of individuals as a result of revised or proposed procedures to strengthen security measures at airline checkpoints and passenger screening locations in response to the terrorist hijackings and tragic events of September 11. As a result, this statement, while describing actions taken throughout the Department, will focus primarily on steps taken to ensure that DOT's efforts to secure our air transportation system do not unlawfully discriminate.

While safety and security are of the highest order of concern to DOT, we also understand the nature of the Nation our efforts are designed to protect: a society that respects civil and constitutional rights and cherishes the values of equal justice and equal opportunity.

As one of the 120,000 Americans of Japanese ancestry interned by the United States government during World War II, I know firsthand the dangers with which we are presented in the current crisis. All of us will face heightened security in the aftermath of September 11, but the security and scrutiny must never become pretexts for unlawful discrimination.

SECURITY PROCEDURES AT AIRPORTS
The Department of Transportation's authority in connection with discrimination in airline security and related issues is carried out through two departmental organizations: the Office of the General Counsel in the Office of the Secretary, which is responsible for investigating security related discrimination complaints, and the Federal Aviation Administration (FAA), which is tasked with developing and implementing airline security requirements, as well as monitoring airline compliance. In carrying out those responsibilities, the FAA is careful to ensure that the security requirements comply with the civil rights laws. The FAA, which has the authority to require modification of airline security programs that violate the law, will not tolerate airline security procedures that are unlawfully discriminatory.

Much of the aviation security selection procedures for enhanced checked baggage screening in the United States is now conducted by computer, thus avoiding human error and subjectivity. For screening of passengers, all major U.S. airlines and over 40 U.S. regional carriers are now using the Computer-Assisted Passenger Prescreening System (CAPPS). In late 1997, the Department of Justice found that the CAPPS criteria, as mandated by the FAA and used by U.S. airlines to select persons for additional checked baggage security procedures, are non-discriminatory on their face.

In light of the terrorist hijackings and tragic events of September 11, security measures at airports and airlines have been greatly heightened. The additional security measures include more thorough carry-on baggage screening and allowing only ticketed passengers beyond security checkpoints, except for those with specific medical or parental needs. We are confident that these new security procedures are nondiscriminatory and do not abridge the rights of citizens to be free of discrimination on the basis of race, color, nationality, ethnicity, or religion. We will continue to do everything in our power to ensure that remains the case.

HANDLING OF DISCRIMINATION COMPLAINTS IN AIR TRAVEL
The Department has an effective system to deal with security related discrimination complaints when they arise. In this regard, our Office of Aviation Enforcement and Proceedings (Enforcement Office) is tasked with ensuring that the civil rights of air travelers are respected by the airlines we regulate.

Over the past four years a primary focus of the office has been on the investigation of security-related discrimination complaints. Of all the civil rights complaints the Enforcement Office receives, those alleging security-related discrimination cause it special concern. This is so because the Federal government establishes the underlying security requirements. We know that if they are not being applied in a nondiscriminatory manner, they will eventually lose their acceptance, to the serious detriment of the public.

The Enforcement Office thoroughly investigates each security-related discrimination complaint it receives and the Department continues to take other actions to perfect our authority to pursue these cases, to change airline procedures that lead to these complaints, to increase our resources to pursue these cases more effectively and to determine if the security procedures have a disparate impact on any minority group.

Members of the public who feel they have been the subject of discriminatory actions or treatment by air carriers may file a complaint by sending an email, a letter, or a completed complaint form to the Department of Transportation's Aviation Consumer Protection Division (ACPD), part of DOT's Enforcement Office. The Department's website provides detailed information on filing complaints, and complaint forms that consumers may download are also available on the website.

Since September 11, the Department has received seven complaints from persons alleging that that they were removed from flights or denied permission to board because they are, or were perceived to be, of Arab, Middle Eastern, or South Asian descent and/or Muslim. The Department has also received three complaints alleging discrimination prior to boarding at security check points. Each of these complaints have been reviewed, are being acknowledged, and will be investigated. We take all these cases very seriously.

ACTIONS TAKEN SINCE SEPTEMBER 11
Since September 11, the Department has taken or will be taking several proactive steps regarding security-related discrimination issues. For instance, our Rapid Response Team on Airport Security, composed of representatives from airlines, airports, airline manufacturers, labor, and government agencies emphasized that its recommendations for strengthened security measures, released on October 5, 2001, must be implemented in a way that is wholly consistent with America's commitment to the protection of civil rights.

Earlier, on September 21, 2001, the Department of Transportation reminded the eleven major airlines and several airline associations that Federal law prohibits air carriers from discriminating against passengers on the basis of race, color, national origin, religion, sex or ancestry. The Department also strongly encouraged air carriers to take steps to ensure that their employees understand that it is illegal to discriminate against people based on their race, color, national origin, religion, sex, or ancestry. A copy of the "Tolerance" memo that we e-mailed to the airlines has been placed on our website at http://www.dot.gov/airconsumer/01-index.htm and a copy of it is appended to this statement.

On October 1, 2001, as follow-up to the September 21 notice, the Department requested information on actions each airline has taken to make certain that its employees understand their responsibility to treat passengers in a fair and nondiscriminatory manner. So far, seventeen airlines, including the largest U.S. carriers, have contacted us to let us know that they have taken specific steps such as sending a letter to all of their employees worldwide requesting tolerance of all people and cultures, and explaining that their employees must comply fully with this Nation's civil rights laws.

Further, since the September 11, 2001, attacks, I, as well as Administrators of various DOT operating administrations, and other senior-level officials in the Department, have continuously spoken out against discrimination, scapegoating, and incivility. Officials from the Department are committed to working with the public, particularly the Arab-American, South Asian American and Muslim communities, to ensure that heightened security measures do not violate the civil rights of any American. For example, on October 9, 2001, the Assistant General Counsel for Aviation Enforcement and Proceedings met, in Chicago, with representatives of the local Arab-American community, the Sikh community, and other similarly affected groups for an informational session on what to do if confronted with discrimination as a result of the tragic events of September 11. The information session was hosted by the Department of Justice and Illinois State officials, and included representatives from various Federal agencies.

In addition, I am delivering remarks today at the public forum at the University of Rochester on this very subject. In those remarks, I will stress that we must be vigilant against bigotry, intolerance, and discrimination as we heighten security in America's transportation systems..

Finally, because of concerns about intimidation and harassment directed at certain individuals as a result of the terrorist attacks of September 11, 2001, I will soon issue a policy statement reminding the Department's employees carrying out transportation inspection and compliance responsibilities of longstanding DOT policy prohibiting unlawful discrimination against individuals because of their race, color, religion, ethnicity, or national origin.

CONCLUSION
At the Department of Transportation, we have been, and will continue to be, vigilant in ensuring that our transportation system is safe, secure, and not unlawfully discriminatory. Protecting the civil rights of passengers is essential to maintaining the security of our Nation, because those civil rights are essential to our most fundamental values. There have been times in our history as a Nation when that has been forgotten. I am committed, and the Administration is committed, to ensuring that it is never forgotten again.

Once again, I am sorry I could not be with you today for this important hearing. I look forward to continuing the work we have done together over the years in building a fair society with equal justice for all.

Thank you again for the opportunity to submit this statement today.