June 1, 2001: Revised Hijacking Procedure Outlines Defense Department Responsibilities

A military instruction is issued by the chairman of the Joint Chiefs of Staff, outlining the procedure for dealing with hijackings within the United States. The instruction, titled “Aircraft Piracy (Hijacking) and Destruction of Derelict Airborne Objects,” states that “the administrator, Federal Aviation Administration (FAA), has exclusive responsibility to direct law enforcement activity related to actual or attempted aircraft piracy (hijacking) in the ‘special aircraft jurisdiction’ of the United States. When requested by the administrator, Department of Defense will provide assistance to these law enforcement efforts.” It adds that the National Military Command Center (NMCC) within the Pentagon “is the focal point within Department of Defense for providing assistance. In the event of a hijacking, the NMCC will be notified by the most expeditious means by the FAA. The NMCC will, with the exception of immediate responses as authorized by reference d, forward requests for DOD assistance to the secretary of defense for approval.” [US Department of Defense, 6/1/2001 ] Some will later assume that this requirement for defense secretary approval was new with this instruction. [New York Observer, 6/20/2004] But it has in fact been a requirement since 1997, when the previous instruction was issued, if not earlier. [US Department of Defense, 7/31/1997 ] Although the defense secretary has this responsibility, the 9/11 Commission will conclude that, on the day of 9/11, the “secretary of defense did not enter the chain of command until the morning’s key events were over.” [9/11 Commission, 7/24/2004, pp. 15 ] Secretary of Defense Donald Rumsfeld will later claim that, up to 9/11, terrorism and domestic hijackings were “a law enforcement issue.” [9/11 Commission, 3/23/2004; PBS, 3/25/2004; US Department of Defense, 6/14/2005]