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United States Government Accountability Office:
GAO: 

Testimony: 

Before the Subcommittee on Aviation Operations, Safety, and Security, 
Committee on Commerce, Science, and Transportation, U.S. Senate: 

For Release on Delivery: 
Expected at 2:15 p.m. EST:
Thursday, December 2, 2010: 

Aviation Security: 

DHS Has Taken Steps to Enhance International Aviation Security and 
Facilitate Compliance with International Standards, but Challenges 
Remain: 

Statement of Steve Lord, Director:
Homeland Security and Justice Issues: 

GAO-11-238T: 

GAO Highlights: 

Highlights of GAO-11-238T, a testimony before the Subcommittee on 
Aviation Operations, Safety, and Security, Committee on Commerce, 
Science, and Transportation, U.S. Senate. 

Why GAO Did This Study: 

The attempted December 25, 2009, terrorist attack and the October 2010 
bomb attempt involving air cargo originating in Yemen highlight the 
ongoing threat to aviation and the need to coordinate security 
standards and practices to enhance security with foreign partners, a 
process known as harmonization. This testimony discusses the 
Department of Homeland Security’s (DHS) progress and challenges in 
harmonizing international aviation security standards and practices 
and facilitating compliance with international standards. This 
testimony is based on reports GAO issued from April 2007 through June 
2010, and ongoing work examining foreign airport assessments. For this 
work, GAO obtained information from DHS and the Transportation 
Security Administration (TSA) and interviewed TSA program officials, 
foreign aviation officials, representatives from international 
organizations such as the International Civil Aviation Organization 
(ICAO), and industry associations, about ongoing harmonization and TSA 
airport assessment efforts and challenges. 

What GAO Found: 

In the wake of the December 2009 terrorist incident, DHS and TSA have 
striven to enhance ongoing efforts to harmonize international security 
standards and practices through increased global outreach, 
coordination of standards and practices, use of enhanced technology, 
and assessments of foreign airports. For example, in 2010 the 
Secretary of Homeland Security participated in five regional summits 
aimed at developing an international consensus to enhance aviation 
security. In addition, DHS and TSA have coordinated with foreign 
governments to harmonize air cargo security practices to address the 
statutory mandate to screen 100 percent of air cargo transported on 
U.S.-bound passenger aircraft by August 2010, which TSA aims to meet 
by 2013. Further, in the wake of the December 2009 incident, the 
Secretary of Homeland Security has encouraged other nations to 
consider using advanced imaging technology (AIT), which produces an 
image of a passenger’s body that screeners use to look for anomalies 
such as explosives. As a result, several nations have begun to test 
and deploy AIT or have committed to deploying AIT units at their 
airports. Moreover, following the October 2010 cargo bomb attempt, TSA 
also implemented additional security requirements to enhance air cargo 
security. To facilitate compliance with international security 
standards, TSA assesses the security efforts of foreign airports as 
defined by ICAO international aviation security standards. In 2007, 
GAO reported, among other things, that TSA did not always consistently 
track and document host government progress in addressing security 
deficiencies identified during foreign airport assessments and 
recommended that TSA track and document progress in this area. 

DHS and TSA have made progress in their efforts to enhance 
international aviation security through these harmonization efforts 
and related foreign airport assessments; however, a number of key 
challenges, many of which are beyond DHS’s control, exist. For 
example, harmonization depends on the willingness of sovereign nations 
to voluntarily coordinate their aviation security standards and 
practices. In addition, foreign governments may view aviation security 
threats differently, and therefore may not consider international 
aviation security a high priority. Resource availability, which is a 
particular concern for developing countries, as well as legal and 
cultural factors may also affect nations’ security enhancement and 
harmonization efforts. In addition to challenges facing DHS’s 
harmonization efforts, in 2007 GAO reported that TSA experienced 
challenges in assessing foreign airport security against international 
standards and practices, such as a lack of available international 
inspectors and concerns host governments had about being assessed by 
TSA, both of which may affect the agency’s ability to schedule and 
conduct assessments for some foreign airports. GAO is exploring these 
issues as part of an ongoing review of TSA’s foreign airport 
assessment program, which GAO plans to issue in the fall of 2011. 

What GAO Recommends: 

In response to prior GAO recommendations that TSA, among other things, 
track the status of foreign airport assessments, DHS concurred and is 
working to address the recommendations. TSA provided technical 
comments on a draft of the information contained in this statement, 
which GAO incorporated as appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-11-238T] or key 
components. For more information, contact Steve Lord at (202) 512-4379 
or lords@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Subcommittee: 

I appreciate the opportunity to participate in today's hearing to 
discuss the Department of Homeland Security's (DHS) efforts to work 
with foreign partners to enhance international aviation security. The 
December 25, 2009, attempt to detonate an explosive during an 
international flight bound for Detroit, and the October 2010 discovery 
of explosive devices in air cargo packages bound for the United States 
from Yemen, provide vivid reminders that civil aviation remains a key 
terrorist target and highlight the importance of working with foreign 
partners to enhance international aviation security. In response to 
the December 2009 incident, the Transportation Security Administration 
(TSA) mandated enhanced security measures for air carriers at United 
States airports and for all international flights--prior to departure--
bound for the United States.[Footnote 1] Additionally, the President 
directed DHS to take a number of steps to enhance aviation security 
including strengthening international coordination on aviation 
security issues and pursuing enhanced screening technology, protocols, 
and procedures. Following the October 2010 bomb attempt in cargo 
originating in Yemen, TSA also implemented additional security 
requirements to enhance air cargo security.[Footnote 2] 

To this end, DHS has increased its ongoing efforts to work with 
foreign partners to coordinate security standards and practices among 
nations--a process known as harmonization. Harmonization, as defined 
by DHS, refers to countries' efforts to coordinate their security 
standards and practices to enhance security as well as the mutual 
recognition and acceptance of existing security standards and 
practices aimed at achieving the same security outcome.[Footnote 3] 
TSA also facilitates compliance with existing international standards 
and practices by coordinating assessments of foreign airports with 
foreign nations. Through its foreign airport assessment program, and 
using international standards and recommended practices, TSA 
determines whether foreign airports that provide service to the United 
States are maintaining and carrying out effective security measures. 

The Aviation and Transportation Security Act (ATSA), enacted into law 
shortly after the September 11, 2001, terrorist attacks, established 
TSA and gave the agency responsibility for securing all modes of 
transportation, including the nation's civil aviation system, which 
includes air carrier operations (domestic and foreign) to, from, and 
within the United States.[Footnote 4] For example, ATSA requires that 
TSA provide for the screening of all passengers and property, 
including air cargo, transported on passenger aircraft.[Footnote 5] 
ATSA further requires that a system be in operation to screen, 
inspect, or otherwise ensure the security of the cargo transported by 
all-cargo aircraft--aircraft that carry only cargo and no passengers--
to, from, and within the United States.[Footnote 6] TSA also assesses 
the effectiveness of security measures at foreign airports served by a 
United States air carrier, or from which a foreign air carrier serves 
the United States, at intervals deemed appropriate by the Secretary of 
Homeland Security.[Footnote 7] TSA further requires that domestic and 
foreign air carriers with operations to, from, or within the United 
States establish and maintain TSA-approved security programs and 
comply with any applicable security directives or emergency amendments 
to air carrier security programs.[Footnote 8] 

On a global basis, the International Civil Aviation Organization 
(ICAO), a specialized agency of the United Nations representing 190 
countries, has established security standards and recommended 
practices to help ensure a minimum baseline level of international 
aviation security among member nations.[Footnote 9] These 
international aviation security standards and recommended practices 
are detailed in Annex 17 to the Convention on International Civil 
Aviation, as adopted by ICAO. Although TSA security requirements 
generally encompass (and in several instances exceed) the ICAO 
standards and recommended practices, the ICAO standards and 
recommended practices are broad and open to different interpretations. 
As such, there are wide variations among the aviation security 
practices adopted by ICAO member nations. For example, some nations 
require passengers to remove their shoes for screening at airport 
passenger checkpoints while others do not. TSA officials stated that 
countries may utilize different approaches to achieve the same outcome 
and that DHS and TSA work closely with their international partners 
and with other U.S. agencies, such as the U.S. Department of State 
(State), to enhance existing international standards and practices 
through harmonization efforts. 

My testimony today discusses DHS's progress and challenges in 
enhancing international aviation security standards and practices 
through harmonization efforts and facilitating compliance with ICAO 
standards and recommended practices. My comments are based, in part, 
on our prior reports and testimonies issued from April 2007 through 
June 2010 addressing the security of the passenger and air cargo 
transportation system.[Footnote 10] For these reports, we reviewed 
relevant documents related to the programs reviewed and interviewed 
cognizant DHS and TSA officials. In addition, we obtained updated 
information in September 2010 on TSA's efforts to address 
recommendations we made in 2007 to improve its foreign airport 
assessments program. More detailed information on our scope and 
methodology appears in our published reports. 

This statement is also partly based on observations from our work-- 
conducted from April 2010 through November 2010--assessing the 
progress that DHS and its component agencies have made in enhancing 
international aviation, and ongoing work assessing TSA's foreign 
airport assessment program, which will be issued next year. To conduct 
this work we reviewed relevant documents related to TSA's passenger 
screening, air cargo security, and foreign airport assessment programs 
including TSA aviation security policies and procedures, as well as 
ICAO aviation security standards and recommended practices, and 
working group documents. We also interviewed cognizant DHS and TSA 
program officials, foreign aviation officials from Australia, Canada, 
the European Union (EU), France, the United Kingdom, and the 
Netherlands, and representatives from international organizations such 
as ICAO and international aviation industry associations. While 
information obtained from our interviews with foreign aviation 
officials and aviation industry representatives cannot be generalized 
beyond those contacted because we did not use a probability sampling 
method to select these officials for interviews, the officials we 
interviewed provided important perspectives on efforts to enhance 
international aviation security. All of our prior work, as well as the 
results of our ongoing work, used for this statement was conducted in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

DHS Has Made Progress in Harmonizing International Aviation Security 
and Facilitating Compliance through Foreign Airport Assessments, but 
Can Further Strengthen Assessment Efforts: 

DHS Has Made Progress in Its Efforts to Harmonize International 
Aviation Security Standards and Practices: 

DHS has increased its global outreach efforts. Historically, DHS and 
its components, working with State, have coordinated with foreign 
partners on an ongoing basis to promote aviation security enhancements 
through ICAO and other multilateral and bilateral outreach efforts. 
For example, DHS and TSA have coordinated through multilateral groups 
such as the European Commission and the Quadrilateral Group--
comprising the United States, the EU, Canada, and Australia--to 
establish agreements to develop commensurate air cargo security 
systems. On a bilateral basis, the United States has participated in 
various working groups to facilitate coordination on aviation security 
issues with several nations, such as those that make up the EU, 
Canada, and Japan. The United States has also established bilateral 
cooperative agreements to share information on security technology 
with the United Kingdom, Germany, France, and Israel, among others. 
[Footnote 11] In addition, TSA has finalized agreements with ICAO to 
provide technical expertise and assistance to ICAO in the areas of 
capacity building and security audits, and serves as the United 
States' technical representative on ICAO's Aviation Security Panel and 
the panel's various Working Groups. 

In the wake of the December 2009 incident, DHS increased its outreach 
efforts. For example, to address security gaps highlighted by the 
December incident, DHS has coordinated with Nigeria to deploy Federal 
Air Marshals on flights operated by U.S. carriers bound for the United 
States from Nigeria. Further, in early 2010, the Secretary of Homeland 
Security participated in five regional summits--Africa, the Asia/ 
Pacific region, Europe, the Middle East, and the Western Hemisphere-- 
with the Secretary General of ICAO, foreign ministers and aviation 
officials, and international industry representatives to discuss 
current aviation security threats and develop an international 
consensus on the steps needed to address remaining gaps in the 
international aviation security system.[Footnote 12] Each of these 
summits resulted in a Joint Declaration on Aviation Security in which, 
generally, the parties committed to work through ICAO and on an 
individual basis to enhance aviation security. Subsequently, during 
the September 2010 ICAO Assembly, the 190 member states adopted a 
Declaration on Aviation Security, which encompassed the principles of 
the Joint Declarations produced by the five regional summits.[Footnote 
13] Through the declaration, member states recognized the need to 
strengthen aviation security worldwide and agreed to take nine actions 
to enhance international cooperation to counter threats to civil 
aviation, which include, among other things: 

* strengthening and promoting the effective application of ICAO 
Standards and Recommended Practices, with particular focus on Annex 
17, and developing strategies to address current and emerging threats; 

* strengthening security screening procedures, enhancing human 
factors, and utilizing modern technologies to detect prohibited 
articles and support research and development of technology for the 
detection of explosives, weapons, and prohibited articles in order to 
prevent acts of unlawful interference; 

* developing and implementing strengthened and harmonized measures and 
best practices for air cargo security, taking into account the need to 
protect the entire air cargo supply chain; and: 

* providing technical assistance to states in need, including funding, 
capacity building, and technology transfer to effectively address 
security threats to civil aviation, in cooperation with other states, 
international organizations and industry partners. 

TSA has increased coordination with foreign partners to enhance 
security standards and practices. In response to the August 2006 plot 
to detonate liquid explosives on board commercial air carriers bound 
for the United States, TSA initially banned all liquids, gels, and 
aerosols from being carried through the checkpoint and, in September 
2006, began allowing passengers to carry on small, travel-size liquids 
and gels (3 fluid ounces or less) using a single quart-size, clear 
plastic, zip-top bag. In November 2006, in an effort to harmonize its 
liquid-screening standards with those of other countries, TSA revised 
its procedures to match those of other select nations. Specifically, 
TSA began allowing 3.4 fluid ounces of liquids, gels, and aerosols 
onboard aircraft, which is equivalent to 100 milliliters--the amount 
permitted by the EU and other countries such as Canada and Australia. 
This harmonization effort was perceived to be a success and ICAO later 
adopted the liquid, gels, and aerosol screening standards and 
procedures implemented by TSA and other nations as a recommended 
practice. 

TSA has also worked with foreign governments to draft international 
air cargo security standards. According to TSA officials, the agency 
has worked with foreign counterparts over the last 3 years to draft 
Amendment 12 to ICAO's Annex 17, and to generate support for its 
adoption by ICAO members. The amendment, which was adopted by the ICAO 
Council in November 2010, will set forth new standards related to air 
cargo such as requiring members to establish a system to secure the 
air cargo supply chain (the flow of goods from manufacturers to 
retailers).[Footnote 14] TSA has also supported the International Air 
Transport Association's (IATA) efforts to establish a secure supply 
chain approach to screening cargo for its member airlines and to have 
these standards recognized internationally.[Footnote 15] Moreover, 
following the October 2010 bomb attempt in cargo originating in Yemen, 
DHS and TSA, among other things, reached out to international 
partners, IATA, and the international shipping industry to emphasize 
the global nature of transportation security threats and the need to 
strengthen air cargo security through enhanced screening and 
preventative measures. TSA also deployed a team of security inspectors 
to Yemen to provide that country's government with assistance and 
guidance on their air cargo screening procedures. 

In addition, TSA has focused on harmonizing air cargo security 
standards and practices in support of its statutory mandate to 
establish a system to physically screen 100 percent of cargo on 
passenger aircraft--including the domestic and inbound flights of 
United States and foreign passenger operations--by August 
2010.[Footnote 16] In June 2010 we reported that TSA has made progress 
in meeting this mandate as it applies to domestic cargo, but faces 
several challenges in meeting the screening mandate as it applies to 
inbound cargo,[Footnote 17] related, in part, to TSA's limited ability 
to regulate foreign entities.[Footnote 18] As a result, TSA officials 
stated that the agency would not be able to meet the mandate as it 
applies to inbound cargo by the August 2010 deadline. We recommended 
that TSA develop a plan, with milestones, for how and when the agency 
intends to meet the mandate as it applies to inbound cargo. TSA 
concurred with this recommendation and, in June 2010, stated that 
agency officials were drafting milestones as part of a plan that would 
generally require air carriers to conduct 100 percent screening by a 
specific date. At a November 2010 hearing before the Senate Committee 
on Commerce, Science, and Transportation, the TSA Administrator 
testified that TSA aims to meet the 100 percent screening mandate as 
it applies to inbound air cargo by 2013. 

In November 2010 TSA officials stated that the agency is coordinating 
with foreign countries to evaluate the comparability of their air 
cargo security requirements with those of the United States, including 
the mandated screening requirements for inbound air cargo on passenger 
aircraft. According to TSA officials, the agency has begun to develop 
a program that would recognize the air cargo security programs of 
foreign countries if TSA deems those programs provide a level of 
security commensurate with TSA's programs. In total, TSA plans to 
coordinate with about 20 countries, which, according to TSA officials, 
were selected in part because they export about 90 percent of the air 
cargo transported to the United States on passenger aircraft. 
According to officials, TSA has completed a 6-month review of France's 
air cargo security program and is evaluating the comparability of 
France's requirements with those of the United States. TSA officials 
also said that, as of November 2010, the agency has begun to evaluate 
the comparability of air cargo security programs for the United 
Kingdom, Israel, Japan, Singapore, New Zealand, and Australia, and 
plans to work with Canada and several EU countries in early 2011. TSA 
expects to work with the remaining countries through 2013. 

TSA is working with foreign governments to encourage the development 
and deployment of enhanced screening technologies. TSA has also 
coordinated with foreign governments to develop enhanced screening 
technologies that will detect explosive materials on passengers. 
According to TSA officials, the agency frequently exchanges 
information with its international partners on progress in testing and 
evaluating various screening technologies, such as bottled-liquid 
scanner systems and advanced imaging technology (AIT).[Footnote 19] In 
response to the December 2009 incident, the Secretary of Homeland 
Security has emphasized through outreach efforts the need for nations 
to develop and deploy enhanced security technologies. 

Following TSA's decision to accelerate the deployment of AIT in the 
United States, the Secretary has encouraged other nations to consider 
using AIT units to enhance the effectiveness of passenger screening 
globally. As a result, several nations, including Australia, Canada, 
Finland, France, the Netherlands, Nigeria, Germany, Poland, Japan, 
Ukraine, Russia, Republic of Korea, and the UK, have begun to test or 
deploy AIT units or have committed to deploying AITs at their 
airports. For example, the Australian Government has committed to 
introducing AIT at international terminals in 2011. Other nations, 
such as Argentina, Chile, Fiji, Hong Kong, India, Israel, Kenya, New 
Zealand, Singapore, and Spain are considering deploying AIT units at 
their airports. In addition, TSA hosted an international summit in 
November 2010 that brought together approximately 30 countries that 
are deploying or considering deploying AITs at their airports to 
discuss AIT policy, protocols, best practices, as well as safety and 
privacy concerns. 

However, as discussed in our March 2010 testimony, TSA's use of AIT 
has highlighted several challenges relating to privacy, costs, and 
effectiveness that remain to be addressed.[Footnote 20] For example, 
because the AIT presents a full-body image of a person during the 
screening process, concerns have been expressed that the image is an 
invasion of privacy.[Footnote 21] Furthermore, as noted in our March 
2010 testimony, it remains unclear whether the AIT would have been 
able to detect the weapon used in the December 2009 incident based on 
the preliminary TSA information we have received.[Footnote 22] We will 
continue to explore these issues as part of our ongoing review of 
TSA's AIT deployment, and expect the final report to be issued in the 
summer of 2011.[Footnote 23] 

DHS Has Made Progress in Its Efforts to Facilitate Compliance with 
ICAO Standards through Foreign Airport Assessments but Can Further 
Strengthen Its Efforts: 

TSA conducts foreign airport assessments. TSA efforts to assess 
security at foreign airports--airports served by U.S. aircraft 
operators and those from which foreign air carriers operate service to 
the United States--also serve to strengthen international aviation 
security. Through TSA's foreign airport assessment program, TSA 
utilizes select ICAO standards to assess the security measures used at 
foreign airports to determine if they maintain and carry out effective 
security practices.[Footnote 24] TSA also uses the foreign airport 
assessment program to help identify the need for, and secure, aviation 
security training and technical assistance for foreign countries. In 
addition, during assessments, TSA provides on-site consultations and 
makes recommendations to airport officials or the host government to 
immediately address identified deficiencies. In our 2007 review of 
TSA's foreign airport assessment program,[Footnote 25] we reported 
that of the 128 foreign airports that TSA assessed during fiscal year 
2005, TSA found that 46 (about 36 percent) complied with all ICAO 
standards, whereas 82 (about 64 percent) did not meet at least one 
ICAO standard.[Footnote 26] 

In our 2007 review we also reported that TSA had not yet conducted its 
own analysis of its foreign airport assessment results, and that 
additional controls would help strengthen TSA's oversight of the 
program. Moreover, we reported, among other things, that TSA did not 
have controls in place to track the status of scheduled foreign 
airport assessments, which could make it difficult for TSA to ensure 
that scheduled assessments are completed. We also reported that TSA 
did not consistently track and document host government progress in 
addressing security deficiencies identified during TSA airport 
assessments. As such, we made several recommendations to help TSA 
strengthen oversight of its foreign airport assessment program, 
including, among other things, that TSA develop controls to track the 
status of foreign airport assessments from initiation through 
completion; and develop a standard process for tracking and 
documenting host governments' progress in addressing security 
deficiencies identified during TSA assessments. TSA agreed with our 
recommendations and provided plans to address them. Near the end of 
our 2007 review, TSA had begun work on developing an automated 
database to track airport assessment results.[Footnote 27] In 
September 2010 TSA officials told us that they are now exploring ways 
to streamline and standardize that automated database, but will 
continue to use it until a more effective tracking mechanism can be 
developed and deployed. We plan to further evaluate TSA's 
implementation of our 2007 recommendations during our ongoing review 
of TSA's foreign airport assessment program, which we plan to issue in 
the fall of 2011. 

Challenges Related to the Harmonization Process and TSA's Foreign 
Airport Assessment Program May Affect DHS's Progress: 

Challenges Related to Harmonization: 

A number of key challenges, many of which are outside of DHS's 
control, could impede its ability to enhance international aviation 
security standards and practices. Agency officials, foreign country 
representatives, and international association stakeholders we 
interviewed said that these challenges include, among other things, 
nations' voluntary participation in harmonization efforts, differing 
views on aviation security threats, varying global resources, and 
legal and cultural barriers. According to DHS and TSA officials, these 
are long-standing global challenges that are inherent in diplomatic 
processes such as harmonization, and will require substantial and 
continuous dialogue with international partners. As a result, 
according to these officials, the enhancements that are made will 
likely occur incrementally, over time. 

Harmonization depends on voluntary participation. The framework for 
developing and adhering to international aviation standards is based 
on voluntary efforts from individual states. While TSA may require 
that foreign air carriers with operations to, from, or within the 
United States comply with any applicable U.S. emergency amendments to 
air carrier security programs, foreign countries, as sovereign 
nations, generally cannot be compelled to implement specific aviation 
security standards or mutually accept other countries' security 
measures.[Footnote 28] International representatives have noted that 
national sovereignty concerns limit the influence the United States 
and its foreign partners can have in persuading any country to 
participate in international harmonization efforts. As we reported in 
2007 and 2010, participation in ICAO is voluntary.[Footnote 29] Each 
nation must initiate its own involvement in harmonization, and the 
United States may have limited influence over its international 
partners. 

Countries view aviation security threats differently. As we reported 
in 2007 and 2010, some foreign governments do not share the United 
States government's position that terrorism is an immediate threat to 
the security of their aviation systems, and therefore may not view 
international aviation security as a priority.[Footnote 30] For 
example, TSA identified the primary threats to inbound air cargo as 
the introduction of an explosive device in cargo loaded on a passenger 
aircraft, and the hijacking of an all-cargo aircraft for its use as a 
weapon to inflict mass destruction. However, not all foreign 
governments agree that these are the primary threats to air cargo or 
believe that there should be a distinction between the threats to 
passenger air carriers and those to all-cargo carriers. According to a 
prominent industry association as well as foreign government 
representatives with whom we spoke, some countries view aviation 
security enhancement efforts differently because they have not been a 
target of previous aviation-based terrorist incidents, or for other 
reasons, such as overseeing a different airport infrastructure with 
fewer airports and less air traffic. 

Resource availability affects security enhancement efforts. In 
contrast to more developed countries, many less developed countries do 
not have the infrastructure or financial or human resources necessary 
to enhance their aviation security programs. For example, according to 
DHS and TSA officials, such countries may find the cost of purchasing 
and implementing new aviation security enhancements, such as 
technology, to be prohibitive. Additionally, some countries 
implementing new policies, practices, and technologies may lack the 
human resources--for example, trained staff--to implement enhanced 
security measures and oversee new aviation security practices. Some 
foreign airports may also lack the infrastructure to support new 
screening technologies, which can take up a large amount of space. 
These limitations are more common in less developed countries, which 
may lack the fiscal and human resources necessary to implement and 
sustain enhanced aviation security measures. With regard to air cargo, 
TSA officials also cautioned that if TSA were to impose strict cargo 
screening standards on all inbound cargo, it is likely many nations 
would be unable to meet the standards in the near term. Imposing such 
screening standards in the near future could result in increased costs 
for international passenger travel and for imported goods, and 
possible reductions in passenger traffic and foreign imports. 
According to TSA officials, strict standards could also undermine 
TSA's ongoing cooperative efforts to develop commensurate security 
systems with international partners. 

To help address the resource deficit and build management capacity in 
other nations, the United States provides aviation security 
assistance--such as training and technical assistance--to other 
countries. TSA, for example, works in various ways with State and 
international organizations to provide aviation security assistance to 
foreign partners. In one such effort, TSA uses information from the 
agency's foreign airport assessments to identify a nation's aviation 
security training needs and provide support. In addition, TSA's 
Aviation Security Sustainable International Standards Team (ASSIST), 
comprised of security experts, conducts an assessment of a country's 
aviation security program at both the national and airport level and, 
based on the results, suggests action items in collaboration with the 
host nation. State also provides aviation security assistance to other 
countries, in coordination with TSA and foreign partners through its 
Anti-Terrorism Assistance (ATA) program. Through this program, State 
uses a needs assessment--a snapshot of a country's antiterrorism 
capability--to evaluate prospective program participants and provide 
needed training, equipment, and technology in support of aviation 
security, among other areas.[Footnote 31] State and TSA officials have 
acknowledged the need to develop joint coordination procedures and 
criteria to facilitate identification of global priorities and program 
recipients. We will further explore TSA and State efforts to develop 
mechanisms to facilitate interagency coordination on capacity building 
through our ongoing work. 

Legal and cultural factors can also affect harmonization. Legal and 
cultural differences among nations may hamper DHS's efforts to 
harmonize aviation security standards. For example, some nations, 
including the United States, limit, or even prohibit the sharing of 
sensitive or classified information on aviation security procedures 
with other countries. Canada's Charter of Rights and Freedoms, which 
limits the data it can collect and share with other nations, 
demonstrates one such impediment to harmonization. According to TSA 
officials, the United States has established agreements to share 
sensitive and classified information with some countries; however, 
without such agreements, TSA is limited in its ability to share 
information with its foreign partners. Additionally, the European 
Commission reports that several European countries, by law, limit the 
exposure of persons to radiation other than for medical purposes, a 
potential barrier to acquiring some passenger screening technologies, 
such as AIT.[Footnote 32] 

Cultural differences also serve as a challenge in achieving 
harmonization because aviation security standards and practices that 
are acceptable in one country may not be in another. For example, 
international aviation officials explained that the nature of aviation 
security oversight varies by country--some countries rely more on 
trust and established working relationships to facilitate security 
standard compliance than direct government enforcement. Another 
example of a cultural difference is the extent to which countries 
accept the images AIT units produce. AIT units produce a full-body 
image of a person during the screening process; to varying degrees, 
governments and citizens of some countries, including the United 
States, have expressed concern that these images raise privacy issues. 
TSA is working to address this issue by evaluating possible display 
options that would include a "stick figure" or "cartoon-like" form to 
provide enhanced privacy protection to the individual being screened 
while still allowing the unit operator or automated detection 
algorithms to detect possible threats. Other nations, such as the 
Netherlands, are also testing the effectiveness of this technology. 

Although DHS has made progress in its efforts to harmonize 
international aviation security standards and practices in key areas 
such as passenger and air cargo screening, officials we interviewed 
said that there remain areas in which security measures vary across 
nations and would benefit from harmonization efforts. For example, as 
we reported in 2007,[Footnote 33] the United States requires all 
passengers on international flights who transfer to connecting flights 
at United States airports to be rescreened prior to boarding their 
connecting flight.[Footnote 34] In comparison, according to EU and 
ICAO officials, the EU has implemented "one-stop security," allowing 
passengers arriving from EU and select European airports to transfer 
to connecting flights without being rescreened. Officials and 
representatives told us that although there has been ongoing 
international discussion on how to more closely align security 
measures in these and other areas, additional dialogue is needed for 
countries to better understand each others' perspectives. According to 
the DHS officials and foreign representatives with whom we spoke, 
these and other issues that could benefit from harmonization efforts 
will continue to be explored through ongoing coordination with ICAO 
and through other multilateral and bilateral outreach efforts. 

Challenges Related to TSA's Foreign Airport Assessment Program: 

Our 2007 review of TSA's foreign airport assessment program identified 
challenges TSA experienced in assessing security at foreign airports 
against ICAO standards and recommended practices, including a lack of 
available inspector resources and host government concerns, both of 
which may affect the agency's ability to schedule and conduct 
assessments for some foreign airports.[Footnote 35] We reported that 
TSA deferred 30 percent of its scheduled foreign airport visits in 
2005 due to the lack of available inspectors, among other reasons. 
[Footnote 36] TSA officials said that in such situations they 
sometimes used domestic inspectors to conduct scheduled foreign 
airport visits, but also stated that the use of domestic inspectors 
was undesirable because these inspectors lacked experience conducting 
assessments in the international environment.[Footnote 37] In 
September 2010 TSA officials told us that they continue to use 
domestic inspectors to assist in conducting foreign airport 
assessments and air carrier inspections--approximately 50 domestic 
inspectors have been trained to augment the efforts of international 
inspectors. We also previously reported that representatives of some 
foreign governments consider TSA's foreign airport assessment program 
an infringement of their authority to regulate airports and air 
carriers within their borders. Consequently, foreign countries have 
withheld access to certain types of information or denied TSA access 
to areas within an airport, limiting the scope of TSA's assessments. 
We plan to further assess this issue, as well as other potential 
challenges, as part of our ongoing review of TSA's foreign airport 
assessment program, which we plan to issue in the fall of 2011. 

Mr. Chairman, this completes my prepared statement. I look forward to 
responding to any questions you or other members of the committee may 
have at this time. 

Contacts and Acknowledgments: 

For additional information about this statement, please contact 
Stephen M. Lord at (202) 512-4379 or lords@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this statement. 

In addition to the contact named above, staff who made key 
contributions to this statement were Steve D. Morris, Assistant 
Director; Carissa D. Bryant; Christopher E. Ferencik; Amy M. Frazier; 
Barbara A. Guffy; Wendy C. Johnson; Stanley J. Kostyla; Thomas F. 
Lombardi; Linda S. Miller; Matthew M. Pahl; Lisa A. Reijula; Rebecca 
Kuhlmann Taylor; and Margaret A. Ullengren. 

[End of section] 

Footnotes: 

[1] See, for example, TSA, SD 1544-09-06E (Apr. 2, 2010); EA 1546-09- 
01D (Jan. 3, 2010). 

[2] On November 8, 2010, DHS announced security measures in response 
to the Yemen incident. Specifically, TSA banned cargo originating from 
Yemen and Somalia from transport into the United States; banned the 
transport of cargo deemed high-risk on passenger aircraft; prohibited 
the transport of toner and ink cartridges weighing 16 ounces or more 
on passenger aircraft in carry-on and checked luggage; and required 
additional screening of high-risk cargo prior to transport on an all- 
cargo aircraft. 

[3] For the purposes of this statement, "standards and practices" 
refers to statutory, regulatory and other requirements as well as any 
measures or practices imposed or followed by a country to secure its 
civil aviation system. This general term encompasses the International 
Civil Aviation Organization (ICAO) "standards and recommended 
practices" also referred to in this statement. 

[4] See Pub. L. No. 107-71, 115 Stat. 597 (2001). 

[5] See Pub. L. No. 107-71, § 110(b), 115 Stat. at 614-15 (codified as 
amended at 49 U.S.C. § 44901). The U.S. Customs and Border Protection 
(CBP) also plays a role in securing inbound cargo--cargo transported 
by U.S. and foreign air carriers from a foreign location to the United 
States--by selectively screening cargo upon its arrival in the United 
States. CBP has primary responsibility for preventing terrorists and 
implements of terrorism from entering the United States. CBP is 
currently coordinating with TSA to determine the feasibility of using 
CBP's Automated Targeting System--a system used by DHS to match 
travelers and goods against certain screening information and 
intelligence--to support TSA's efforts toward screening 100 percent of 
inbound air cargo. In discussing how a system to target certain 
shipments for screening will fit into TSA's overall plans to screen 
100 percent of inbound air cargo, officials stated that ATS would 
provide an additional layer of scrutiny for all cargo entering the 
United States. 

[6] See 49 U.S.C. § 44901(f) (requiring the system to be in operation 
as soon as practicable after the date of enactment--November 19, 2001--
but without establishing a firm deadline). 

[7] See 49 U.S.C. § 44907. While § 44907 requires that TSA conduct 
foreign airport assessments at intervals deemed necessary, in practice 
TSA may not perform an assessment of security measures at a foreign 
airport without permission from the host government. 

[8] See 49 U.S.C §§ 44903, 44906; 49 C.F.R. pts. 1544-46. TSA also 
conducts security inspections of foreign and United States-based air 
carriers with service to the United States from foreign countries to 
ensure compliance with applicable security requirements, including 
those set forth in the air carriers' TSA-approved security programs. 

[9] ICAO is responsible for the safe, orderly, and efficient 
development of international civil aviation. ICAO was formed following 
the 1944 Convention on International Civil Aviation (the Chicago 
Convention). Signatory nations to the ICAO convention agree to 
cooperate with other member states to meet standardized international 
aviation measures. An ICAO standard is a specification for the safety 
or regularity of international air navigation, with which member 
states agree to comply; whereas, a recommended practice is any 
desirable specification for safety, regularity, or efficiency of 
international air navigation, with which member states are strongly 
encouraged to comply. Member states are expected to make a genuine 
effort to comply with recommended practices. 

[10] See GAO, Aviation Security: Progress Made but Actions Needed to 
Address Challenges in Meeting the Air Cargo Screening Mandate, 
[hyperlink, http://www.gao.gov/products/GAO-10-880T] (Washington, 
D.C.: Jun. 30, 2010); Aviation Security: TSA Has Made Progress but 
Faces Challenges in Meeting the Statutory Mandate for Screening Air 
Cargo on Passenger Aircraft, [hyperlink, 
http://www.gao.gov/products/GAO-10-446] (Washington, D.C.: Jun. 28, 
2010); Aviation Security: TSA Is Increasing Procurement and Deployment 
of the Advanced Imaging Technology, but Challenges to This Effort and 
Other Areas of Aviation Security Remain, [hyperlink, 
http://www.gao.gov/products/GAO-10-484T] (Washington, D.C.: Mar. 17, 
2010); Homeland Security: Better Use of Terrorist Watchlist 
Information and Improvements in Deployment of Passenger Screening 
Checkpoint Technologies Could Further Strengthen Security, [hyperlink, 
http://www.gao.gov/products/GAO-10-401T] (Washington, D.C.: Jan. 27, 
2010); Aviation Security: DHS and TSA Have Researched, Developed, and 
Begun Deploying Passenger Checkpoint Screening Technologies, but 
Continue to Face Challenges, [hyperlink, 
http://www.gao.gov/products/GAO-10-128] (Washington, D.C.: Oct. 7, 
2009); Aviation Security: Preliminary Observations on TSA's Progress 
and Challenges in Meeting the Statutory Mandate for Screening Air 
Cargo on Passenger Aircraft, [hyperlink, 
http://www.gao.gov/products/GAO-09-422T] (Washington, D.C.: Mar. 18, 
2009); Aviation Security: Foreign Airport Assessments and Air Carrier 
Inspections Help Enhance Security, but Oversight of These Efforts Can 
Be Strengthened, [hyperlink, http://www.gao.gov/products/GAO-07-729] 
(Washington, D.C.: May 11, 2007); and Aviation Security: Federal 
Efforts to Secure U.S.-Bound Air Cargo Are in the Early Stages and 
Could Be Strengthened, [hyperlink, 
http://www.gao.gov/products/GAO-07-660] (Washington, D.C.: Apr. 30, 
2007). 

[11] For example, in January 2010 the United States signed an 
Agreement on Science and Technology Cooperation with New Zealand to 
establish a framework to encourage, develop, and facilitate bilateral 
coordination in science and technology by means that include, but are 
not limited to, facilitating a systematic exchange of technologies, 
personnel, and information, as well as collaborating to develop 
technologies and prototype systems that assist in countering present 
and anticipated terrorist actions. 

[12] Regional summits were held in Abuja, Nigeria; Tokyo, Japan; 
Mexico City, Mexico; Abu Dhabi, United Arab Emirates, and Toledo, 
Spain. In addition, the Secretary of Homeland Security and the ICAO 
Secretary General met with industry representatives from the 
International Air Transport Association (IATA) in Geneva, Switzerland. 

[13] ICAO's member states--the Assembly--meet at least once every 3 
years, at which time members establish ICAO policy for the following 3 
years. 

[14] According to ICAO officials, ICAO member states have yet to vote 
on final approval of Amendment 12. If approved by ICAO members, 
Amendment 12 to Annex 17 will become effective in March 2011 and 
applicable in July 2010. 

[15] IATA is an international trade body that represents 230 airlines 
comprising 93 percent of scheduled international air traffic. IATA's 
approach, called Secure Freight, is an attempt to create an air cargo 
industry comprising certified secure operators in secure supply chains 
operating to international cargo security standards recognized by 
relevant state authorities. A pilot test of the Secure Freight program 
began in the first half of 2010. 

[16] Pub. L. No. 110-53, § 1602, 121 Stat. 266, 477-80 (2007) 
(codified at 49 U.S.C. § 44901(g)). 

[17] For the purposes of this statement, domestic cargo refers to 
cargo transported by air within the United States and from the United 
States to a foreign location by both United States and foreign-based 
air carriers. 

[18] [hyperlink, http://www.gao.gov/products/GAO-10-446]; [hyperlink, 
http://www.gao.gov/products/GAO-10-880T]. 

[19] AITs produce an image of a passenger's body that security 
personnel use to look for anomalies, such as explosives. See GAO-10-
484T. 

[20] [hyperlink, http://www.gao.gov/products/GAO-10-484T]. 

[21] In October 2010 TSA adopted "enhanced pat down" procedures for 
passengers who decline to be screened using the AIT, which have also 
raised privacy concerns. 

[22] [hyperlink, http://www.gao.gov/products/GAO-10-484T]. 

[23] Our ongoing review of TSA's procurement and deployment of AIT 
units is requested by Senator George V. Voinovich and Representative 
John Mica, Ranking-Republican Member, House Committee on 
Transportation and Infrastructure. 

[24] For the purposes of this testimony we refer to both standards and 
recommended practices as standards. TSA officials said that when 
conducting airport assessments they focus on 17 ICAO standards the 
agency deems most critical. TSA assessment teams coordinate with State 
to arrange briefings for host government and airport officials at the 
beginning of an assessment and to schedule exit briefings for the 
officials at the end of the assessment, during which a synopsis of the 
assessment results is presented. TSA also coordinates with State to 
provide aviation security training to host nations. For example, State 
uses TSA instructors to teach an airport security course that is 
provided to officials from host nations through the department's Anti- 
Terrorism Assistance (ATA) program. 

[25] [hyperlink, http://www.gao.gov/products/GAO-07-729]. 

[26] For the 82 foreign airports that did not meet at least 1 ICAO 
standard, the average number of standards not met was about 5, and the 
number of standards not met by an individual airport ranged from 1 to 
22. The most common area of noncompliance for foreign airports was 
related to quality control--mechanisms to assess and address security 
vulnerabilities at airports. After the Secretary of Homeland Security 
determined that 2 of the 128 foreign airports TSA assessed were not 
maintaining and carrying out effective security measures, DHS notified 
the general public of these determinations by the Secretary in 
accordance with 49 U.S.C. § 44907(d). In 2007 TSA assessed security 
against 86 of 106 ICAO aviation security standards and practices. 

[27] [hyperlink, http://www.gao.gov/products/GAO-07-729]. 

[28] See 49 U.S.C § 44906; 49 C.F.R. pt. 1546. 

[29] [hyperlink, http://www.gao.gov/products/GAO-07-660] and 
[hyperlink, http://www.gao.gov/products/GAO-10-446. 

[30] [hyperlink, http://www.gao.gov/products/GAO-07-660] and 
[hyperlink, http://www.gao.gov/products/GAO-10-446]. 

[31] The needs assessment, performed by State personnel along with a 
team of interagency subject-matter experts, is conducted at several 
levels, including tactical capabilities (people and resources), 
operational management capabilities (overall management and ability), 
and strategic capabilities. 

[32] According to the European Commission, these countries are the 
Czech Republic, France, Germany, and Italy. GAO has not independently 
verified these potential legal impediments. Both TSA and the European 
Commission report that use of the two types of AIT units deployed will 
expose individuals to low doses of radiation. For example, the x-ray 
dose received from the backscatter system is equivalent to the 
radiation received in two minutes of airplane flight, while the energy 
projected by the millimeter wave system is 100,000 times less than a 
cell phone transmission. 

[33] [hyperlink, http://www.gao.gov/products/GAO-07-729]. 

[34] For example, a passenger traveling from Frankfurt, Germany, to 
Chicago, Illinois, and changing planes in New York City, must be 
rescreened, along with the passenger's checked baggage, prior to 
boarding the connecting flight to Chicago. See 49 U.S.C. § 44901(a), 
which requires that TSA provide for the screening of such passengers. 

[35] [hyperlink, http://www.gao.gov/products/GAO-07-729]. 

[36] This included visits for both airport assessments and air carrier 
inspections. See [hyperlink, http://www.gao.gov/products/GAO-07-729]. 

[37] Domestic inspectors are inspectors who typically conduct security 
inspections at U.S. airports. 

[End of section] 

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