Mr. MICA. Thank you, Mr. Shane. Mr. Scocozza, you may proceed. Am I saying that right? STATEMENT OF HON. MATTHEW V. SCOCOZZA, ASSISTANT SEC- Mr. Scocozza. I would like to just preface my remarks, Mr. Chairman, by indicating that the Department of Transportation has been very active before the International Maritime Organization in London. But because the subject of this hearing is predominantly title 5 of the legislation passed last year, that is what my testimony will focus on. If the committee would like, we would be delighted to provide a detailed background on the maritime activities that we are doing before the International Maritime Organization. Mr. MICA. I think that would be very helpful. We just discussed with the staff before the meeting the maritime situation and I think it would be helpful. So if you would, we would appreciate that. Mr. Scocozza. I would be delighted to do that. I would like to lead off with a brief description of our plan used to assess foreign airports as required by the law. I will also address our efforts to encourage the International Civil Aviation Organization, known as ICAO, to upgrade its security standards. [The following was submitted:] DEPARTMENT OF TRANSPORTATION, ACTIVITIES BEFORE THE INTERNATIONAL MARITIME ORGANIZATION Following the hijacking of the Achille Lauro and the brutal murder of an American citizen, the Department of State asked the Department of Transportation to lead an interagency working group on maritime security. The group's main responsibility was to oversee development of international maritime security measures, similar to those of the International Civil Aviation Organization (ICAO) for aviation, which could be used to minimize the possibility of future hijackings. Other initiatives included a survey of port and vessel security procedures at home and abroad, and an assessment of the domestic hijacking threat to the cruise line industry. The working group has representatives from DOT, DOS, USCG, U.S. Navy, MĂRAD, FAA, FBI, Customs, and the CIA. The working group developed a detailed proposal which was considered by the Maritime Safety Committee of the International Maritime Organization at its January 27-February 5 meeting in London. The U.S. document was basically accepted by the MSC. Comments are due by early July and final acceptance by the IMO is expected in September. The IMO proposal, a copy of which is attached, entails a complete maritime security system which may be employed by IMO member nations. It recommends that a Ship Security Plan provide for the inspection, screening, and security of passengers, baggage, cargo and ship stores. The purpose of the plan is to prevent the introduction of firearms, weapons and other dangerous devices onto the ship and ship embarkation areas. Also it calls for preemployment screening of all persons responsible for security. A companion Port Security Plan is included in the document. Proposed measures in IMO's plan include international standards for security barriers, security lighting, instrusion detection systems, access control and security training. Included is a call for the establishment of a system to disseminate reports of unlawful acts against shipping to alert member nations of potential threats. Attachment.1 1 The International Maritime Organization report on the "Decisions of IMO Bodies" appears in appendix 2. IMPLEMENTATION OF FOREIGN AIRPORT SECURITY ACT Mr. Scocozza. With me is Mr. Richard Noble, Deputy Director of the Civil Aviation Security Office in the Federal Aviation Administration. The 1985 act expanded our responsibilities for assessing the effectiveness of security maintained at foreign airports, using at a minimum internationally accepted standards. These assessments must be made in consultation with the foreign governments involved, and with the U.S. airlines serving the international airports. The act provides for notification if deficiencies are found, operating restrictions or suspension of service if necessary, and a semiannual summary of our assessments to Congress, and notices of emergency suspensions. We are proud of the direct procedure we have set up to implement the act. The FAA continues to have primary responsibility for actually conducting the airport inspections and reporting the results to the Office of the Secretary. Since our last appearance before this committee, we have visited and made assessments of 50 foreign airports. We have not found it necessary to determine that any foreign airport does not comply with the ICAO standards. We have developed a mechanism for keeping top policy officials in the FAA and the Office of the Secretary informed of assessment efforts, and those officials are informed and prepared to act on any potential problems as soon as they arise. EFFECTS OF LEGISLATIVELY MANDATED PROCEDURES As a result of our implementation of the new law and our added emphasis on international inspections, we are making progress in increasing security for air travelers. Our FAA inspectors have worked closely with those responsible for security at international airports, pointing out to them potential security risks, and assisting in training their security personnel. We have seen security at a number of airports improve as airport authorities learn more about techniques for avoiding terrorist attacks. I would like to turn now to our efforts to encourage the international aviation community to take strong action to ensure the safety and security of international aviation. As you may recall in June, Secretary Dole urged ICAO to focus its attention with greater urgency toward combating terrorism against international air transportation. I am pleased to report that ICAO acted promptly upon all our requests. Most important, in December ICAO revised and strengthened its security standards, known as annex 17 to the Chicago Convention. Among the changes are requirements that the member nations expand preflight checks to include measures to discover weapons and other dangerous devices, insure that baggage that does not belong to any boarded passenger is either not loaded or is thoroughly inspected, and enhance other safeguards at international airports and ground facilities. In addition, it recommended that countries include a clause on civil aviation security in their aviation agreements with other na tions. The majority of the revisions of annex 17 will become effective on March 19, 1986. Secretary Dole is committed to seeing that these and other security enhancements are implemented by the international aviation community. She personally contacted the transport ministers of our 32 fellow ICAO Council nations and urged them to support the proposed annex 17 revisions. Many countries, including the United States, have already made the changes required by annex 17 revisions. ICAO is to be commended for the speed with which it adopted the enhanced security measures and for its continuing efforts to improve security at international airports. We will continue to monitor ICAO efforts and will be prepared to report to you on their progress from time to time. AIRPORT EMPLOYEE SCREENING Recent news items have focused on the need to screen airline and airport employees and contractors more thoroughly. I would like to discuss the initiatives we have taken to address this need. On November 27, 1985, the Department announced that it is taking steps to tighten preemployment screening procedures for airport personnel. Airport and air carrier security programs were amended to require 5-year verification of employment records for persons hired after November 1, 1985, who would have unescorted access to areas restricted for security reasons. We also concluded that additional protection could be provided the traveling public at U.S. airports by requiring employee criminal checks. The Department has submitted legislation today, Mr. Chairman, that would authorize airlines to conduct criminal background checks prior to employing persons who would have access to airport areas restricted for security reasons. Our proposal would also make unauthorized access to airport secure areas a Federal misdemeanor or a felony under certain circumstances. We believe that such activity should be forcefully prescribed by Federal law to combat any threat of terrorist activity against civil aviation in this country. Other legislation, Mr. Chairman, that has been recommended by the administration and filed by Senator Kassebaum, is S. 1750, which increases civil penalties from $1,000 to $10,000 for noneconomic violations of the Federal Aviation Act. Both of these pieces of legislation we feel are critical and vital to the Department's implementation of the existing laws. That concludes my prepared statement. Mr. Noble, who is with me, is prepared to respond to any specific technical questions you may have about the implementation of our responsibilities. Thank you. [Mr. Scocozza's prepared statement follows:] PREPARED STATEMENT OF HON. MATTHEW V. Scocozza, ASSISTANT SECRETARY FOR POLICY AND INTERNATIONAL Affairs, Department of TransportATION Mr. Chairman and members of the Committee, thank you for inviting me to discuss our progress in implementing Title V of the International Security and Development Cooperation Act of 1985, which was signed into law last August. I will lead off with a summary of the Act and a brief description of our plan used to assess foreign airports, as required by the law. I will also address our efforts to encourage the International Civil Aviation Organization known as ICAO, to upgrade its security standards. With me is Mr. Richard Noble, Deputy Director for the Civil Aviation Security Office, in the Federal Aviation Administration. Under the 1985 Act, the Secretary of Transportation must assess the effectiveness of security maintained at foreign airports being served by U.S. air carriers, foreign airports from which foreign air carriers serve the United States, those foreign airports which pose a high risk of introducing danger to international air travel, and such other foreign airports as the Secretary may deem appropriate. In making an assessment of any airport the Secretary must use, at a minimum, internationally accepted standards. assessments must be made in consultation with the foreign governments involved and with the U.S. airlines serving the international airports. These If deficiencies are found, and not remedied within 90 days, public notification must occur. Also, the Secretary is empowered, where conditions exist that threaten the safety or security of passengers, aircraft and crew, to impose operating restrictions or suspend service between the U.S. and any inadequately secured airport. We must also provide Congress with a semiannual summary of our assessments and notify you on any occasion when we invoke the public notice or emergency suspension provisions. Even prior to enactment of the 1985 law, the FAA was very active in assessing security at foreign airports. However, those inspections often were done as an adjunct to the FAA's general responsibilities to insure the safety and security of airline operations between the United States and foreign countries. The new law has had several beneficial effects. First, it gave explicit Congressional support to FAA activities, demonstrating to the international community the strong U.S. commitment to airport security. As a result, we have had more cooperation from the international community. The interest that you and the Subcommittee are showing on this issue continues to demonstrate that commitment. Second, the new law prompted us to take a fresh look at our procedures for reviewing the data produced by FAA airport inspection activities and expand high-level involvement within the Office of the Secretary in airport security matters. Finally, the Secretary was given new authority for specific action to deal promptly with unsafe conditions. We are proud of the direct procedure we have set up to implement the Act. The FAA, because of its vast experience in dealing with matters of aviation security, continues to have primary responsibility for actually conducting the airport inspections and |