President's commission on aviation security and terrorism
Encyclopedia
Pan American Flight 103 blew up over Lockerbie
, Scotland
, on December 21, 1988.
243 passengers, 16 crew members, and 11 people on the ground were killed by the explosion. It was the second most disastrous passenger airline explosion up to that time
By the next day, experts found enough evidence to declare the explosion to be deliberate sabotage. Within days intelligence sources reported an anonymous telephone call to the United States embassy in Helsinki
, Finland
, on December 5, 1988, warned of possible sabotage on the flight.
Newly-elected President
George H. W. Bush
met with victims’ families in April 1989. Relatives present asked for an independent investigation of airline security which, they claimed, should have prevented the disaster. Bush promised he would look into establishing just such a commission. Relatives also complained about the State Department’s
poor consular services
for assisting victims’ family members. This news seemed to shock the President.
U.S. government personnel were belatedly reported to be deeply involved in the investigation. The Federal Bureau of Investigation
(FBI) was working closely with its European counterparts The Department of Justice
was conducting a criminal investigation, and the Federal Aviation Authority (FAA) was investigating its internal securities procedures.
U.S. Congressional response to the disaster came when Senator Frank R. Lautenberg (D-NJ
)
introduced Senate Resolution
S. Res. 86, calling on the President to appoint a special commission “to investigate the events surrounding the destruction of Pan Am 103” That same day, President Bush did so.
Testimony from
Reports of findings from
Testimony from the State Department on dealings with victims’ families
Testimony on counter-terrorist and aviation security technologies from
Testimony from
5732, “Aviation Security Improvement Act of 1990” on September 27, 1990, in the second session of the 101st United States Congress
. This bill embodied nearly all of the recommendations of the Commission. It became Public Law
101-604 on November 16, 1990.
U.S. House. Foreign Affairs Committee. Report of the President’s Commission on International Aviation Security and Terrorism. Hearings 101st Cong, 2nd Sess. May 17, 1990. (Washington, DC: GPO, 1990), 190 p.
Donna Batten, et al. Encyclopedia of Governmental Advisory Organizations (Detroit, MI: Gale
, 2009–2010).
Lockerbie
Lockerbie is a town in the Dumfries and Galloway region of south-western Scotland. It lies approximately from Glasgow, and from the English border. It had a population of 4,009 at the 2001 census...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, on December 21, 1988.
243 passengers, 16 crew members, and 11 people on the ground were killed by the explosion. It was the second most disastrous passenger airline explosion up to that time
By the next day, experts found enough evidence to declare the explosion to be deliberate sabotage. Within days intelligence sources reported an anonymous telephone call to the United States embassy in Helsinki
Helsinki
Helsinki is the capital and largest city in Finland. It is in the region of Uusimaa, located in southern Finland, on the shore of the Gulf of Finland, an arm of the Baltic Sea. The population of the city of Helsinki is , making it by far the most populous municipality in Finland. Helsinki is...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, on December 5, 1988, warned of possible sabotage on the flight.
Newly-elected President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
met with victims’ families in April 1989. Relatives present asked for an independent investigation of airline security which, they claimed, should have prevented the disaster. Bush promised he would look into establishing just such a commission. Relatives also complained about the State Department’s
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
poor consular services
Consular assistance
Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country who are living or traveling overseas.Such assistance may take the form of:* provision of replacement travel documents...
for assisting victims’ family members. This news seemed to shock the President.
U.S. government personnel were belatedly reported to be deeply involved in the investigation. The Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) was working closely with its European counterparts The Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
was conducting a criminal investigation, and the Federal Aviation Authority (FAA) was investigating its internal securities procedures.
U.S. Congressional response to the disaster came when Senator Frank R. Lautenberg (D-NJ
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
)
introduced Senate Resolution
Simple resolution
In the United States, a simple resolution is a legislative measure passed by only either the Senate or the House. As they have been passed by only one house, simple resolutions are not presented to the President, and do not have the force of law. The resolution is used for matters such as...
S. Res. 86, calling on the President to appoint a special commission “to investigate the events surrounding the destruction of Pan Am 103” That same day, President Bush did so.
Enabling authorities
- President George H.W. Bush established the commission with Executive OrderExecutive orderAn executive order in the United States is an order issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders in council. Executive orders may also be issued at the state level by a state's governor or...
12686 on August 4, 1989.
- President Bush extended the deadline for the commission to issue its final report by May 15, 1990, with Executive Order 12705 on March 3, 1990.
Termination
- The commission presented its report to President Bush on May 15, 1990. In accordance with Section 4 of Executive Order 12686, the commission disbanded on June 15, 1990.
Purposes
- Study and evaluate existing U.S. aviation policies and practices regarding terrorist threats.
- Investigate options of informing U.S. aviation customers of possible terrorist threats
- Review U.S. laws, policies, and practices dealing with the families of terrorists’ victims.
- Carry out these provisions with particular attention to the destruction of Pan Am Flight 103, but without jeopardizing on-going intelligence and criminal operations.
Membership
- McLaughlin, Hon. AnnAnn McLaughlin KorologosAnn McLaughlin Korologos , formerly known as Ann Dore McLaughlin, , was the United States Secretary of Labor from 1987 to 1989....
, (Chair) former Secretary of Labor (1987–1989)
- Hidalgo, Hon. EdwardEdward HidalgoEdward Hidalgo served as the United States Secretary of the Navy in the Carter administration from October 24, 1979 to January 20, 1981...
former Secretary of the Navy (1979–1981)
- Richards, GeneralGeneralA general officer is an officer of high military rank, usually in the army, and in some nations, the air force. The term is widely used by many nations of the world, and when a country uses a different term, there is an equivalent title given....
Thomas C. USAF (Ret.) Former Deputy Commander-in-Chief, HQ, U.S. Army European CommandUnited States European CommandThe United States European Command is one of ten Unified Combatant Commands of the United States military, headquartered in Stuttgart, Germany. Its area of focus covers and 51 countries and territories, including Europe, Russia, Iceland, Greenland, and Israel...
(1986–1989)
- The enabling Executive Order required the President to appoint 4 Commission members from the U.S. CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
: 1 RepublicanRepublican Party (United States)The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
RepresentativeUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, 1 DemocraticDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Representative, 1 Republican SenatorUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and 1 Democratic Senator.
- D’Amato, Alfonse M. Senator (R-NY)
- Hammerschmidt, John PaulJohn Paul HammerschmidtJohn Paul Hammerschmidt is an American politician from the U.S. state of Arkansas. A Republican, Hammerschmidt served for thirteen terms in the U.S. House of Representatives from the northwestern Arkansas district before he retired in 1993...
Representative (R-ARArkansasArkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
3)
- Lautenberg, Frank RFrank LautenbergFrank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...
. Senator (D-NJNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
)
- Oberstar, James L.Jim OberstarJames Louis "Jim" Oberstar is a former U.S. Representative who served in the U.S. Congress from 1975 until 2011 as a member of the Minnesota Democratic–Farmer–Labor Party. He represented northeastern , which included the cities of Duluth, Brainerd, Grand Rapids, International Falls, and Hibbing...
Representative (DFLMinnesota Democratic-Farmer-Labor PartyThe Minnesota Democratic–Farmer–Labor Party is a major political party in the state of Minnesota and the state affiliate of the Democratic Party. It was created on April 15, 1944, with the merger of the Minnesota Democratic Party and the Farmer–Labor Party...
-MNMinnesotaMinnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
8)
Public hearings
- November 17, 1989
Testimony from
- -family members of Pan Am Flight 103 victims
- -aviation community representatives (pilots, flight attendants, airlines, airport personnel)
- -consumer groups
- December 18, 1989
Reports of findings from
- -the General Accounting Office (GAO)
- -the Federal Aviation AdministrationFederal Aviation AdministrationThe Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
(FAA) on aviation security
Testimony from the State Department on dealings with victims’ families
- February 2, 1990
Testimony on counter-terrorist and aviation security technologies from
- -scientists from the Massachusetts Institute of TechnologyMassachusetts Institute of TechnologyThe Massachusetts Institute of Technology is a private research university located in Cambridge, Massachusetts. MIT has five schools and one college, containing a total of 32 academic departments, with a strong emphasis on scientific and technological education and research.Founded in 1861 in...
, the Naval Research Laboratory, George Washington UniversityGeorge Washington UniversityThe George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
, Los Alamos National LaboratoryLos Alamos National LaboratoryLos Alamos National Laboratory is a United States Department of Energy national laboratory, managed and operated by Los Alamos National Security , located in Los Alamos, New Mexico... - -the FAA
- -airport security experts
- -security technology manufacturers
- March 9, 1990
Testimony from
- -The Hon. Dante B. Fascell Representative (D-FLFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Chair of the U.S. House. Foreign Affairs Committee. on international aviation security - -U.S. Embassy in Moscow personnel on the “Helsinki Warning”.
- -Pan Am representatives about their personnel’s responses to the “Helsinki Warning”.
- April 4, 1990
- -Testimony from executives of American AirlinesAmerican AirlinesAmerican Airlines, Inc. is the world's fourth-largest airline in passenger miles transported and operating revenues. American Airlines is a subsidiary of the AMR Corporation and is headquartered in Fort Worth, Texas adjacent to its largest hub at Dallas/Fort Worth International Airport...
, Pan Am, United Air Lines, and Trans World AirlinesTrans World AirlinesTrans World Airlines was an American airline that existed from 1925 until it was bought out by and merged with American Airlines in 2001. It was a major domestic airline in the United States and the main U.S.-based competitor of Pan American World Airways on intercontinental routes from 1946... - -Testimony from FAA Director of Civil Aviation Security Raymond Salazer on aviation security policy issues.
Findings
- The sabotage of Pan Am Flight 103 quite possibly could have been averted if proper security safeguards had been in place.
- The FAA’s security system continues to target aviation hijackings instead of organized terrorists' bombs.
- Intelligence operations are fragmented among individual airlines and several agencies. Intelligence operations are low key in importance.
- Technology research and development of counterterrorism devices lag behind terrorists' activities.
- Neither the State Department nor the FAA have quick response programs to give aid and assistance to the victims and families of aviation terrorism.
Recommendations
The Executive Order enabling the commission required its final report to be screened for classified information. Only an unclassified text would be released to the general public The Final Report contained 64 specific recommendations summarized below in categories used by the Commission.International security
- The U.S. State Department—not American aviation corporations—should be the aviation leader in international security matters
- The U.S. State Department should create a Coordinator for International Aviation Security with the diplomatic rank of AmbassadorAmbassadorAn ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
. - This ambassador should work closely with the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
International Civil Aviation OrganizationInternational Civil Aviation OrganizationThe International Civil Aviation Organization , pronounced , , is a specialized agency of the United Nations. It codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth...
in international security matters. - The existing 1978 international policy on aviation terrorism is insufficient. The U.S. should exhort its economic allies to create stronger multilateral and bilateral alliances to combat aviation terrorism.
Domestic security
- The Federal Aviation Administration (FAA) should continue to be the aviation leader in domestic security measures, but partner with the FBI in assessing all aviation threats.
- The FAA should plan and implement additional security measures into domestic aviation over time.
- Commercial air carriers must report all security threats to the FAA.
- Public safety authorities are responsible for when and how searches of aircraft, passengers, and facilities are carried out in response to security threats.
Mail and cargo
- Commercial air carriers have the first responsibility for screening air mail and air cargo.
The FAA
- The FAA should establish an office of security reporting directly to the FAA Administrator.
- The FAA should ensure adequate security staffing at all airports, international and domestic.
- The FAA should be responsible for training security staff.
- The FAA should develop technology for screening both passengers and checked baggage.
Research and development
The FAA should vigorously foster research and development of- explosive detection systems
- aircraft frames capable of withstanding small amounts of explosives
- proactive security planning for future forms of terrorism and security threats.
Intelligence
- The FAA should work with the FBI in monitoring, analyzing, and confronting possible aviation security threats in U.S. airports.
- The new office of Assistant Secretary of Transportation for Security and Intelligence should work with the Central Intelligence AgencyCentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
in monitoring, analyzing, and confronting possible international aviation security threats. - Memoranda of Understanding and written working agreements among the FAA, intelligence agencies, and law enforcement regarding aviation security measures should be regularly reviewed and updated when appropriate.
Threat notification
- The security bulletins of the Overseas Security Advisory Council and the State Department’s Overseas Security Electronic Bulleting Board should be routed to the State Department’s Bureau of Consular Affairs. This Bureau should guarantee timely public access to the information.
- The State Department, The Justice Department, and the United States Department of TransportationUnited States Department of TransportationThe United States Department of Transportation is a federal Cabinet department of the United States government concerned with transportation. It was established by an act of Congress on October 15, 1966, and began operation on April 1, 1967...
will cooperate in creating additional mechanisms to notify the traveling public of potential domestic and international aviation terrorism threats.
Treatment of the families of victims of terror
- The State Department should be responsible for the needs of victims of international terrorism as well as their families. Specific procedures and personnel must be assigned to deal with matters of notification, direct aid for survivors, injury, death, and bereavement.
- The U.S. should create special funds to compensate U.S. citizens and permanent residents for all economic and non-economic damages resulting from international aviation terrorism.
National will
- Terrorist attacks must not be allowed to disrupt U.S. political and economic interests.
- State-sponsored terrorism and safe havens for terrorists must be identified and isolated through international cooperation.
- The U.S. government must actively punish state sponsors of terrorism and safe havens for terrorists.
- These punishments include preemptive or retaliatory actions carried out directly or covertly.
- ”National will—and the moral courage to use it—is the ultimate means to defeat terrorism.”
Aviation Security Improvement Act of 1990
Rep. James L. Oberstar, a member of the Commission, introduced HRBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
5732, “Aviation Security Improvement Act of 1990” on September 27, 1990, in the second session of the 101st United States Congress
101st United States Congress
The One Hundred First United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1989 to January 3, 1991, during the first two...
. This bill embodied nearly all of the recommendations of the Commission. It became Public Law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
101-604 on November 16, 1990.
Sources
Report of the President’s Commission on Aviation Security and Terrorism (Washington, DC: GPO, 1990) 182 pages.U.S. House. Foreign Affairs Committee. Report of the President’s Commission on International Aviation Security and Terrorism. Hearings 101st Cong, 2nd Sess. May 17, 1990. (Washington, DC: GPO, 1990), 190 p.
Donna Batten, et al. Encyclopedia of Governmental Advisory Organizations (Detroit, MI: Gale
Gale (publisher)
Gale is an educational publishing company based in Farmington Hills, Michigan, the United States, in the western suburbs of Detroit. It was part of the Thomson Learning division of the Thomson Corporation, a Canadian company, but became part of Cengage Learning in 2007.The company, formerly known...
, 2009–2010).