Summary of Subject Matter....... CONTENTS Page Full committee hearing on H.R. 5200, Aviation Security Improvement Act of Hon. Frank Lautenberg, a Senator from the State of New Jersey Hon. Ann McLaughlin, former chairman, President's Commission on Aviation Security and Terrorism Hon. James B. Busey, Federal Aviation Administrator. Hon. Ivan Selin, Under Secretary for Management, U.S. Department of Hon. Jeffery N. Shane, Assistant Secretary for Policy and International Affairs, U.S. Department of Transportation Bert Ammerman, president, Victims of Pan Am Flight 103. Paul Hudson, chairman, Families of Pam Am 103/Lockerbie; accompa- nied by Mr. Lemov, ex U.S. House of Representatives counsel; and Mrs. Wolfe, mother of victim of Pan Am 103.... Kenneth M. Hearst, Assistant Chief Inspector, Criminal Investigations Inspection Service, U.S. Postal Service; accompanied by George C. Davis, Assistant General Counsel, Consumer Protection Division, U.S. Postal Service; and James E. Orlando, Director, Office of Transporta- tion and International Services, U.S. Postal Service.. Richard Lally, assistant vice president-security, Air Transport Associa- Wilfred A. Jackson, director of operations, Baltimore-Washington Inter- national Airport, representing Airport Operators Council International THURSDAY, JULY 27, 1990 MATERIAL SUBMITTED FOR THE RECORD Pictures of fake bomb Dr. James Swire brought on British Airways flight that APPENDIXES 1. Letter to Hon. Dante B. Fascell, chairman, from Hon. Ann McLaughlin........ 2. Report of the President's Commission on Aviation Security and Terrorism... 3. Letter from Air Line Pilots Association on H.R. 5200.... 4. Congressional Research Service Study on liability aspects of H.R. 5732, the 82 COMMITTEE ON FOREIGN AFFAIRS and SUBCOMMITTEE ON AVIATION COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION hearing on H.R. 5200, AVIATION SECURITY IMPROVEMENT ACT OF 1990 9:30 A.M. Thursday, July 26, 1990 SUMMARY OF SUBJECT MATTER The Subcommittee on Aviation, jointly with the Committee on Foreign Affairs, will hold a hearing on H.R. 5200, the Aviation Security Improvement Act of 1990, which would implement the recommendations of the President's Commission on Aviation Security and Terrorism. The Commission's Report, containing the recommendations, was made public on May 15. BACKGROUND In the aftermath of the bombing of Pan American World Airways Flight 103, on December 21, 1988, over Lockerbie, Scotland, the families of the victims pressed for further action, to learn the truth about the events leading up to the tragedy, and to assure changes in the nation's aviation security system to prevent further such disasters. Responding to the families, the President on September 4, 1989, created the Commission by Executive Order. The 7-member Commission was charged to "review and evaluate policy options in connection with aviation security, with particular reference to the destruction, on December 21, 1988, of Pan American World Airways Flight 103." Specifically, the Commission was charged to: conduct a comprehensive study and appraisal of practices and policy options with respect to preventing terrorist acts involving aviation; to evaluate the adequacy of existing procedures for aviation security, compliance therewith, and enforcement thereof; to review options for handling terrorist threats, including prior notification to the public; to investigate practices, policies, and laws with respect to the treatment of families of victims of terrorist acts. The Commission was specifically prohibited from becoming involved in the on-going criminal investigation of the bombing. -2 The Commission Members included Representatives Oberstar and Hammerschmidt; Senators Lautenberg and D'Amato; and three private citizens: Ann McLaughlin, Chairman; Edward Hidalgo, former Secretary of the Navy; and General Thomas C. Richards, USAF (Ret.). The Commission completed its Report by May 15, 1990, and closed its doors a month later. The May 15 Report contained 64 specific recommendations for improving the state of aviation security. The full list of recommendations is attached. The vast majority of these fall under the jurisdiction of the Public Works and Transportation and Foreign Affairs Committees. H.R. 5200 as introduced puts the Commission recommendations in legislative form. The Committee may wish to refine, elaborate upon, or substantially modify them. H.R. 5200 has been referred to the Committees on Public Works and Transportation, and Foreign Affairs. Sequential referrals to other Committees should be anticipated. RECOMMENDATIONS TO DOT AND FAA: TITLE L. H.R. 5200 RESTRUCTURING OF SECURITY FUNCTIONS The Commission found that "the aviation security system administered by the FAA has not provided the level of protection the traveling public demands and deserves. The system is seriously flawed and must be changed." The Commission found a "pattern of reaction" resulting from "a lack of visibility of the security function within the agency; a lack of an effective information base; insufficient staff resources for the security-related responsibilities; and a division of security responsibilities that leaves no one entity accountable." To remedy these flaws, the Commission recommended, and H.R 5200 would implement, a complete restructuring of FAA's security functions, elevating them within FAA, and transferring some to a new Assistant Secretary of Transportation.. Currently, aviation security is four rungs down in the agency's hierarchy. The major recommendation requiring legislation is the creation of an Assistant Secretary of Transportation for Security and Intelligence, reporting directly to the Secretary, to which certain aspects of aviation security now under FAA would be transferred. The new Assistant Secretary would be responsible for development of a transportation security policy, and a long term strategy for dealing with a potential increase in the threat. The function of FAA's Intelligence Division would be elevated to this office. |