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REPORT OF THE - Archives - Syracuse University

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Since the extraordinary measures were tightened following Pan Am 103, U.S. carriers<br />

must match every bag to a passenger who has boarded the aircraft. At highest threat<br />

airports, all baggage must also be X-rayed or searched by hand. The purpose of matching,<br />

or "reconciling", baggage is to assure that a terrorist does not check a suitcase containing<br />

a bomb and then simply walk away from the airport, leaving the bomb to take innocent<br />

lives.<br />

Once screened and in the hands of the airline, the bag must be accessible only to<br />

authorized personnel, and under surveillance at all times. If it is placed in a container, the<br />

container must be closed securely.<br />

In addition to greater scrutiny of passengers and baggage, the extraordinary security<br />

procedures prescribed by FAA call for controlled access to the aircraft by servicing<br />

personnel, searches of the aircraft cabin and holds between flights, and modest controls<br />

over cargo. In reality, the FAA oversees security controls only for checked or carry-on<br />

items screened by the carrier. Third parties, whose security programs lie outside of the<br />

FAA jurisdiction, control security procedures for other items. Cargo and mail pose<br />

particular problems, which are addressed in a subsequent section.<br />

Foreign Air Carriers<br />

The Federal Aviation Act gives FAA jurisdiction over foreign carriers on the last leg of<br />

their flight to the United States. In May 1989, the FAA embarked on a new program<br />

requiring foreign air carriers to adopt certain measures for each point of operation within<br />

the United States and for the last point of departure to the United States. As of December<br />

1989, 135 foreign air carriers were subject to this requirement.<br />

FAA has accepted 52 programs, most of which were the model programs offered to the<br />

carriers by the FAA. However, 39 carriers from 20 countries also exercised the option to<br />

refer FAA to the foreign government responsible for security at the last point of departure<br />

into the United States. This has both complicated and increased the FAA's workload. In<br />

these cases, FAA must work through the State Department to deal with each of the<br />

foreign governments rather than the carriers.<br />

The passenger and baggage screening requirements imposed by FAA on foreign air<br />

carriers at overseas locations are not as stringent as those required of U.S. carriers there.<br />

FAA does not have the authority under existing international agreements to impose<br />

requirements on foreign carriers in foreign countries that exceed the standards and<br />

recommended practices of ICAO. For example, while both U.S. and foreign carriers<br />

perform a positive match of passengers and checked baggage, the U.S. carriers must X-<br />

ray or physically search all baggage as well, whereas the foreign carriers have to X-ray or<br />

physically search only that baggage for which no passenger has boarded the airplane. As<br />

will be discussed later, this less stringent requirement for foreign carriers raises concerns<br />

for the security of U.S. passengers who fly foreign airlines.<br />

Foreign Approaches to Security<br />

To gain an understanding of aviation security abroad, the Commission visited three<br />

European Countries: the Federal Republic of Germany, France, and the United Kingdom.<br />

The U.K. and West Germany were selected because of their connection with Pan Am<br />

Flight 103 and France because of the more recent UTA Flight 772 bombing. Among<br />

those killed on the UTA flight were seven Americans, including the wife of the U.S.<br />

Ambassador to Chad.

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