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Report to Congressional Requesters: United States Government Accountability Office: GAO: May 2007: Aviation Security: Foreign Airport Assessments and Air Carrier Inspections Help Enhance Security, but Oversight of These Efforts Can Be Strengthened: GAO-07-729: GAO Highlights: Highlights of GAO-07-729, a report to congressional requesters Why GAO Did This Study: The Transportation Security Administration’s (TSA) efforts to evaluate the security of foreign airports and air carriers that service the United States are of great importance, particularly considering that flights bound for the United States from foreign countries continue to be targets of coordinated terrorist activity, as demonstrated by the alleged August 2006 liquid explosives terrorist plot. For this review, GAO evaluated the results of foreign airport and air carrier evaluations; actions taken and assistance provided by TSA when security deficiencies were identified; TSA’s oversight of its foreign airport and air carrier evaluation programs; and TSA’s efforts to address challenges in conducting foreign airport and air carrier evaluations. To conduct this work, GAO reviewed foreign airport and air carrier evaluation results and interviewed TSA officials, foreign aviation security officials, and air carrier representatives. What GAO Found: Of the 128 foreign airports that TSA assessed during fiscal year 2005, TSA found that about 36 percent complied with all applicable security standards, while about 64 percent did not comply with at least one standard. The security deficiencies identified by TSA at two foreign airports were such that the Secretary of Homeland Security notified the public that the overall security at these airports was ineffective. Of the 529 overseas air carrier inspections conducted during fiscal year 2005, for about 71 percent, TSA did not identify any security violations, and for about 29 percent, TSA identified at least one security violation. TSA took enforcement action—warning letters, correction letters, or monetary fines—for about 18 percent of the air carrier security violations. TSA addressed most of the remaining 82 percent of security violations through on-site consultation. TSA assisted foreign officials and air carrier representatives in addressing identified deficiencies through on-site consultation, recommendations for security improvements, and referrals for training and technical assistance. However, TSA’s oversight of the foreign airport assessment and air carrier inspection programs could be strengthened. For example, TSA did not have adequate controls in place to track whether scheduled assessments and inspections were actually conducted, deferred, or canceled. TSA also did not always document foreign officials’ progress in addressing security deficiencies identified by TSA. Further, TSA did not always track what enforcement actions were taken against air carriers with identified security deficiencies. TSA also did not have outcome-based performance measures to assess the impact of its assessment and inspection programs on the security of U.S.-bound flights. Without such controls, TSA may not have reasonable assurance that the foreign airport assessment and air carrier inspection programs are operating as intended. TSA is taking action to address challenges that have limited its ability to conduct foreign airport assessments and air carrier inspections, including a lack of available inspectors, concerns regarding the resource burden placed on host governments as a result of frequent airport visits by TSA and others, and host government concerns regarding sovereignty. In October 2006, TSA began implementing a risk- based approach to scheduling foreign airport assessments, which should allow TSA to focus its limited inspector resources on higher-risk airports. TSA is also exploring opportunities to conduct joint airport assessments with the European Commission and use the results of airport assessments conducted by the European Commission to potentially adjust the frequency of TSA airport visits. What GAO Recommends: In an April 2007 report that contained sensitive information, GAO recommended, and the Department of Homeland Security agreed, that TSA develop controls for tracking and documenting information and establish outcome-based performance measures to strengthen oversight of its foreign airport and air carrier evaluation programs. [Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-729]. To view the full product, including the scope and methodology, click on the link above. For more information, contact Cathleen Berrick at (202) 512-3404 or berrickc@gao.gov. [End of section] Contents: Letter: Results in Brief: Background: TSA Found That Some Foreign Airports and Air Carriers Complied with All Aviation Security Standards, and When Deemed Necessary, DHS and TSA Took Enforcement Action on Those That Did Not: TSA Assisted Foreign Officials and Air Carrier Representatives in Addressing Security Deficiencies, but Can Strengthen Oversight of the Foreign Airport Assessment and Air Carrier Inspection Programs: TSA Is Taking Action to Address Some Challenges That Have Limited Its Ability to Conduct Foreign Airport Assessments and Air Carrier Inspections: Conclusions: Recommendations for Executive Action: Agency Comments and Our Evaluation: Appendix I: Objectives, Scope, and Methodology: Results of Fiscal Year 2005 Foreign Airport Assessments and Air Carrier Inspections and Actions Taken by TSA in Response to Noncompliance: Assistance Provided by TSA to Address Security Deficiencies and Oversight of Airport Assessment and Air Carrier Inspection Efforts: Challenges That Affected TSA's Ability to Conduct Foreign Airport Assessments and Air Carrier Inspections and Actions Taken to Address those Challenges: Appendix II: International Civil Aviation Organization Standards and Recommended Practices Used by TSA to Conduct Fiscal Year 2005 Foreign Airport Assessments: Appendix III: TSA Security Requirements for U.S.-Based and Foreign Carriers Operating Out of Foreign Airports: Appendix IV: U.S. Government Aviation Security Training and Technical Assistance Programs for Foreign Entities: Department of State: Anti-Terrorism Assistance Program: U.S. Trade and Development Agency: Department of Transportation--Safe Skies for Africa Program: Department of State--Bureau of International Narcotics and Law Enforcement Affairs--Organization of American States Inter-American Committee against Terrorism: Department of State--Western Hemisphere Affairs--Organization of American States--Inter-American Committee against Terrorism: Department of Justice-International Criminal Investigative Training and Assistance Program: Appendix V: Comments from the Department of Homeland Security: Appendix VI: GAO Contacts and Staff Acknowledgments: Related Products: Tables: Table 1: Positions That Play a Key Role in TSA's Foreign Airport and Air Carrier Inspection Programs: Table 2: Comparison of the Severity of Security Deficiencies and Corrective Action Taken at One Secretarial Action Airport and One Non- Secretarial Action Airport: Table 3: Budgeted and Available International Inspectors by IFO, by Month for Fiscal Year 2005: Table 4: Budgeted Number of Inspectors, Total Scheduled Foreign Airport Visits, and Average Number of Scheduled Foreign Airport Visits per Inspector, by IFO, for Fiscal Year 2005: Table 5: Description and Status of TSA-European Commission Aviation Security Working Groups: Table 6: Elements of the Aircraft Operator Standard Security Program Applicable to International Operations: Table 7: Elements of the Foreign Air Carrier Model Security Program Applicable to International Operations: Figures: Figure 1: Airport Assessment Activities: Figure 2: Process for Taking Secretarial Action against a Foreign Airport: Figure 3: Air Carrier Inspection Process: Abbreviations: AEA: Association of European Airlines: AOSSP: Aircraft Operator Standard Security Program: APEC: Asia-Pacific Economic Conference: ATA: Anti-Terrorism Assistance: CICTE: Inter-American Committee against Terrorism: DHS: Department of Homeland Security: DOJ: Department of Justice: DOT: Department of Transportation: ECAC: European Civil Aviation Conference: FAA: Federal Aviation Administration: FAARS: Foreign Airport Assessment Reporting System: FSD: Federal Security Director: GPRA: Government Performance and Results Act: IATA: International Air Transport Association: ICAO: International Civil Aviation Organization: ICE: Immigration and Customs Enforcement: ICITAP: International Criminal Investigative Training Assistance Program: IFO: international field office: INL: Bureau of International Narcotics and Law Enforcement Affairs: IPSI: International Principal Security Inspector: OAS: Organization of American States: PARIS: Performance and Results Information System: PART: Performance Assessment Rating Tool: PSI: Principal Security Inspector: SOP: standard operating procedures: TSA: Transportation Security Administration: TSAR: Transportation Security Administration Representative: USAID: United States Agency for International Development: USTDA: United States Trade and Development Agency: United States Government Accountability Office: Washington, DC 20548: May 11, 2007: The Honorable John L. Mica: Ranking Republican Member: Committee on Transportation and Infrastructure: House of Representatives: The Honorable Daniel E. Lungren: Ranking Member: Subcommittee on Transportation Security and Infrastructure Protection: Committee on Homeland Security: House of Representatives: Flights bound for the United States from foreign countries continue to be targets of coordinated terrorist activity, as demonstrated in August 2006 when British officials uncovered an alleged terrorist plot to detonate liquid explosives onboard multiple aircraft departing from the United Kingdom for the United States. Similar terrorist activity was uncovered in December 2003 when U.S. intelligence officials identified terrorists' intent on carrying out attacks on U.S.-bound flights originating from foreign airports. Such conditions highlight the continued need for the United States to coordinate efforts with foreign governments to help ensure the security of U.S.-bound flights. Given that there were more than 650,000 flights to the United States from foreign locations during calendar year 2005, the security of foreign airports and air carriers that service the United States is integral to the security of U.S. commercial aviation. The Transportation Security Administration (TSA), the federal agency with primary responsibility for securing the nation's civil aviation system,[Footnote 1] has several efforts under way with other nations to help ensure the security of U.S.-bound flights. For example, TSA, through its foreign airport assessment program, determines whether foreign airports that provide service to the United States are maintaining and carrying out effective security measures. Additionally, TSA, through its air carrier inspection program, determines whether air carriers, U.S.-based or foreign, that service the United States are complying with applicable security requirements. According to TSA officials, the foreign airport assessment and air carrier inspection programs enable TSA to inform the public about foreign airports that do not maintain and carry out effective security measures so that the public can make informed decisions when planning their travel. TSA assesses the effectiveness of security measures at foreign airports using the aviation security standards and recommended practices adopted by the International Civil Aviation Organization (ICAO).[Footnote 2] ICAO standards and recommended practices address operational issues at an airport, such as ensuring that passengers and baggage are properly screened and that unauthorized individuals do not have access to restricted areas of an airport. ICAO standards also address nonoperational issues, such as ensuring that a foreign government has implemented a national civil aviation security program for regulating security procedures at its airports and ensuring that airport officials implementing security controls go through background investigations, are appropriately trained, and are certified according to a foreign government's national civil aviation security program. Member states have agreed to comply with ICAO standards, and are strongly encouraged to comply with ICAO recommended practices. While TSA is authorized under U.S. law to conduct foreign airport assessments at intervals it considers necessary, TSA may not perform an assessment of security measures at a foreign airport without permission from the host government. TSA also conducts security inspections of foreign and U.S.- 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.[Footnote 3] As of October 2006, there were a total of 924 air carrier stations located in 268 airports around the world that service the United States and that TSA may seek to inspect.[Footnote 4] Considering the high volume of flights arriving in the United States from foreign locations and the history of terrorist threats against commercial aviation, TSA's foreign airport assessment and air carrier inspection programs are important elements in ensuring the security of inbound flights. Given the vulnerability of U.S.-bound flights to acts of terrorism, this report addresses the following questions: (1) What were the results of TSA's fiscal year 2005 foreign airport assessments and air carrier inspections, and what actions were taken, if any, when TSA identified that foreign airports and air carriers were not complying with security standards? (2) How, if at all, did TSA assist foreign countries and air carriers in addressing any deficiencies identified during foreign airport assessments and air carrier inspections, and to what extent did TSA provide oversight of its assessment and inspection efforts? (3) What challenges, if any, affected TSA's ability to conduct foreign airport assessments and air carrier inspections, and what actions have TSA and others taken to address these challenges? In April 2007, we issued a report that contained sensitive security information regarding TSA's foreign airport assessments and air carrier inspections. This report provides the results of our April 2007 report with the sensitive security information removed. To address these objectives, we obtained and reviewed TSA guidance for conducting and reporting the results of foreign airport assessments and air carrier inspections. We also obtained and analyzed the results of 128 foreign airport assessments and 529 air carrier inspections conducted by TSA during fiscal year 2005 to determine the extent to which foreign airports and air carriers operating overseas complied with aviation security standards.[Footnote 5] We assessed the reliability of TSA's air carrier inspection data for fiscal year 2005 and concluded that the data were sufficiently reliable for the purposes of our review. We also interviewed TSA's Office of Security Operations and its Transportation Sector Network Management officials, both in headquarters and the field,[Footnote 6] who are responsible for planning, coordinating, overseeing, and carrying out foreign airport assessments and air carrier inspections, to obtain information on TSA's efforts to help foreign officials address airport security deficiencies and TSA's efforts to overcome challenges identified by TSA officials in conducting foreign airport assessments and air carrier inspections. Additionally, we visited three European, three Asian, and one other North American country where we met with host government aviation security officials, air carrier representatives, airport officials, aviation industry representatives, and TSA officials to obtain their perspectives on TSA's foreign airport assessment and air carrier inspection programs. We also accompanied TSA officials during an airport assessment and air carrier inspection at an airport in the Caribbean. In addition, we interviewed 16 foreign aviation security officials stationed in their countries' embassies in Washington, D.C., to obtain their perspectives on TSA's foreign airport assessment and air carrier inspection programs. However, information obtained from our interviews with host government 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. We also conducted phone interviews with four Federal Security Directors (FSD)[Footnote 7] and seven TSA aviation security inspectors based in U.S. airports to discuss their involvement in foreign airport assessments and air carrier inspections. Information from these interviews cannot be generalized to all FSDs in U.S. airports or to domestic inspectors who support foreign airport assessments and air carrier inspections because we did not use a probability sampling method to select these officials for interviews. We also met with officials from ICAO, the Asia-Pacific Economic Conference (APEC), the Association of European Airlines (AEA), the European Commission, the European Civil Aviation Conference (ECAC), and the International Air Transport Association (IATA) regarding their perspectives on TSA's foreign airport assessment and air carrier inspection programs and the process and standards they use, if any, to conduct their own airport assessments.[Footnote 8] Additionally, we interviewed officials from the Department of State, Department of Justice, Department of Transportation, and the U.S. Trade and Development Agency to learn about the aviation security training and technical assistance they provide to foreign governments. We conducted our work from October 2005 through March 2007 in accordance with generally accepted government auditing standards. More details about the scope and methodology of our work are contained in appendix I. Results in Brief: Based on the results of TSA's fiscal year 2005 foreign airport assessments and air carrier inspections, some foreign airports and air carriers complied with all relevant aviation security standards, while others did not, and when deemed necessary, the Secretary of Homeland Security and TSA took enforcement action against those that were not in compliance. Of the 128 foreign airports with air carriers that provide service to the United States and that TSA assessed during fiscal year 2005, TSA found that at the completion of the assessment, 46 (about 36 percent) complied with all ICAO standards and recommended practices, whereas 82 (about 64 percent) did not meet at least one ICAO standard or recommended practice. The most common area of noncompliance for foreign airports was related to quality control--mechanisms to assess and address security vulnerabilities at airports. For example, one airport did not meet quality control standards because it did not have a mechanism in place to ensure that airport officials implementing security controls were appropriately trained and able to effectively perform their duties. According to TSA, access control measures and passenger and checked baggage screening are critical elements of effective security at foreign airports because these measures are intended to prevent terrorists from carrying dangerous items, such as weapons and explosives, onto aircraft. However, even if a foreign airport does not meet multiple aviation security standards, including critical standards, TSA may determine that such deficiencies do not warrant review by the Secretary of Homeland Security.[Footnote 9] Nonetheless, if TSA determines that secretarial action may be warranted and the Secretary of Homeland Security, based on TSA's assessment, determines that a foreign airport does not maintain and carry out effective security measures, then he or she must take action. These actions may include issuing a letter to foreign government officials stating that they have 90 days to improve security measures to meet ICAO standards or notifying the public that a foreign airport does not maintain and carry out effective security measures. For example, during fiscal year 2005, the Secretary of Homeland Security determined that 2 of the 128 foreign airports that TSA assessed were not maintaining and carrying out effective security measures. In response, DHS notified the general public of these determinations by the Secretary. During fiscal year 2005, of the 529 inspections of air carriers operating out of foreign airports, there were 373 inspections (about 71 percent) for which TSA did not identify any security violations and 156 inspections (about 29 percent) for which TSA found that the air carrier did not comply with at least one TSA security requirement. There were a total of 419 instances of noncompliance identified during these 156 inspections.[Footnote 10] In some cases, the security deficiencies identified during these inspections were corrected or addressed immediately. When security deficiencies were not resolved immediately, TSA inspectors, at times, recommended enforcement action. Enforcement action included issuing letters of warning or correction to air carriers or imposing civil penalties--monetary fines--on air carriers. Of the 419 security violations identified during fiscal year 2005 air carrier inspections, 259 (about 62 percent) were corrected or addressed immediately, and 76 (about 18 percent) were recommended for enforcement action. TSA could not readily identify the enforcement actions that were taken for the remaining 84 (20 percent) security violations. Enforcement actions taken by TSA as a result of fiscal year 2005 air carrier inspections consisted of 26 enforcement actions and 14 letters of correction.[Footnote 11] Civil penalties ranging from $18,000 to $25,000 were recommended for 7 enforcement actions. Although TSA has not conducted its own analysis of foreign airport assessment and air carrier inspection results, TSA officials stated that our analysis of the results was consistent with their assumptions regarding the most prominent security deficiencies identified among foreign airports and air carriers. However, TSA officials stated that it is difficult to draw conclusions about the results--such as whether the results are generally positive or negative--considering the differences in the capabilities and willingness of foreign officials to address security deficiencies. TSA officials further stated that the cumulative results of the assessments and inspections may be helpful in identifying the aviation security training needs of foreign aviation security officials. While TSA does not have its own program to provide aviation security training and technical assistance to foreign aviation security officials, TSA officials stated that they could use the results of TSA's foreign airport assessments to refer foreign officials to training and technical assistance programs offered by ICAO and several other U.S. government agencies. During fiscal year 2005, TSA helped improve security at foreign airports by assisting foreign officials and air carrier representatives in addressing security deficiencies identified during TSA assessments and inspections. However, TSA's oversight of the foreign airport assessment and air carrier inspection programs could be strengthened. TSA assisted foreign officials in addressing security deficiencies identified during airport assessments in various ways, including providing on-site consultation to help foreign officials immediately address security deficiencies, making recommendations to help foreign officials sustain security improvements, and helping foreign governments obtain aviation security training and technical assistance. To help air carriers address security deficiencies that were identified, TSA often provided on-site consultation. For example, during one inspection, TSA inspectors identified a security deficiency related to catering carts, after which the inspectors immediately notified the air carrier of the deficiency and made a recommendation for better securing catering carts in the future.[Footnote 12] TSA also assigned a principal security inspector to each U.S. carrier and foreign carrier that provides service to the United States whose responsibility was to counsel air carriers and provide clarification on TSA security requirements when necessary. TSA has several controls in place to ensure that the agency is meeting internal requirements for implementing the foreign airport assessment and air carrier inspection programs, such as requiring inspectors to use standard operating procedures for coordinating with host government officials for scheduling, conducting, and reporting the results of foreign airport assessments. However, additional controls--including controls for tracking, documenting, and measuring the impact of TSA's assessment and inspection activities--would help strengthen its oversight of these programs. First, TSA does not have controls in place to track the status of scheduled foreign airport assessments and air carrier inspections, including whether the assessments and inspections were actually conducted or whether they were deferred or canceled, which could make it difficult for TSA to ensure that scheduled assessments and inspections are completed. Second, TSA does not always document the results of follow-up conducted by TSA international staff to determine progress made by foreign governments in addressing security deficiencies identified by TSA. Documentation of such follow-up would enable TSA to have access to updated information on the security of foreign airports that provide service to the United States. Third, TSA does not always track the status of air carrier inspections from initiation through completion, which prevents TSA from determining whether appropriate action was taken against air carriers that violated security requirements. Finally, TSA does not have outcome-based performance measures in place to measure the impact that its efforts have had on helping foreign airport officials and air carrier representatives comply with aviation security standards and requirements. Federal standards for internal controls and associated guidance suggest that agencies should document key decisions in a way that is complete and accurate, and that allows decisions to be traced from initiation, through processing, to after completion. Starting in August 2006, TSA officials began to develop controls for tracking the status of scheduled foreign airport visits, such as tracking the number of days remaining until inspectors are to visit a particular foreign airport. However, in February 2007, TSA officials acknowledged that additional refinements to the tracking system were needed. TSA officials also stated that developing performance measures to assess the impact of assessment and inspection-related efforts on security at foreign airports would be useful, but they identified several concerns about developing such measures. For example, TSA officials stated that whether foreign officials improve security at their airports is not within TSA's control and, therefore, developing a performance measure related to TSA's contributions to improving foreign airport security may not be appropriate. However, other federal agencies, such as the Department of State, have developed performance measures for foreign assistance programs for which the outcome is not entirely within the agency's control. Even without full control over such measures, it would be useful for TSA to develop outcome-based measures for its foreign airport assessment and air carrier inspection programs--such as the percentage of security deficiencies that were addressed as a result of TSA on-site assistance and TSA recommendations for corrective action--to identify any aspects of these programs that need improvement. Also, with additional oversight of the foreign airport assessment and air carrier inspection programs, TSA would have better assurance that these programs are operating as intended. TSA is taking action to address challenges that have limited its ability to conduct foreign airport assessments and air carrier inspections, including a lack of available inspectors, concerns regarding the resource burden placed on host governments as a result of frequent airport visits by TSA and others, and concerns unique to specific host governments, such as sovereignty--more specifically, concerns that TSA assessments and inspections infringe upon a host government's authority to regulate airports and air carriers within its borders. According to TSA officials, TSA deferred approximately 30 percent of the foreign airport visits--including airport assessments and air carrier inspections--that were scheduled for fiscal year 2005, due to the lack of available inspectors and concerns raised by host government officials. TSA officials stated that two key factors affected the availability of inspectors during fiscal year 2005. First, TSA was operating with fewer inspectors than the agency budgeted for fiscal year 2005. Specifically, three of the five international field offices were operating with fewer inspectors than they were budgeted during at least 9 months out of the fiscal year. According to TSA, the shortage of inspectors was due to the high turnover rate for inspectors and the lengthy process for hiring additional inspectors to fill vacant positions. Second, TSA scheduled more foreign airport visits--which includes both airport assessments and air carrier inspections--than the budgeted number of inspectors could have reasonably conducted. According to TSA, each inspector can reasonably conduct between 8 and 12 foreign airport visits per year depending on the amount of time inspectors remain on site to help foreign authorities address any security deficiencies. However, all five international field offices scheduled more than 12 foreign airport visits per inspector during fiscal year 2005; one international field office scheduled more than 24 visits per inspector. TSA officials said that their internal policy regarding the frequency with which the agency is to conduct foreign airport assessments and air carrier inspections drove their decision to schedule more foreign airport visits than inspectors could reasonably have conducted. According to TSA officials, this internal policy was developed by the Federal Aviation Administration, which was responsible for conducting foreign airport assessments and air carrier inspections prior to TSA. TSA officials also stated that the Federal Aviation Administration had more available inspectors to conduct assessments and inspections than TSA. Given the lack of available international inspectors, TSA also used domestic inspectors--that is, inspectors who typically conduct security inspections at U.S. airports--to conduct 33 percent of the scheduled foreign airport visits for fiscal year 2005. However, TSA officials stated that the use of domestic inspectors is undesirable because these inspectors lack experience conducting assessments in the international environment. During October 2006, TSA began implementing a risk-based approach to scheduling foreign airport assessments to better allocate its limited inspector resources by focusing on foreign airports that pose the greatest security risk to U.S.-bound air travel. Another potential benefit to TSA's new risk- based approach to scheduling is that it may allow TSA to reduce its reliance on domestic inspectors. Our analysis shows that TSA's risk- based approach is consistent with generally accepted risk management principles. TSA has also taken steps to address concerns regarding the resource burden placed on host governments as a result of frequent airport visits. Host government officials in three of the seven foreign countries we visited, and representatives of various air carrier associations, stated that countries are subjected to multiple assessments and inspections each year by TSA, ICAO, the European Commission, and others, and because foreign government officials and air carrier representatives have to escort the various inspectors during the assessment and inspections, the frequency of airport visits is burdensome on the host government and air carriers. TSA's risk-based approach for scheduling airport assessments should help address some host governments' concerns regarding the resource burden. TSA has also begun to explore other opportunities to alleviate the resource burden placed on host governments. Specifically, when the opportunity is available, TSA is considering conducting joint assessments and using the results of some host government or third party assessments to adjust the frequency of TSA visits; collectively, these efforts may reduce the number of airport visits experienced by some countries. However, TSA officials stated that they are cautious about using the results of other entities' assessments because TSA has not independently evaluated the quality of the assessments conducted by these other entities and because these other entities base their assessments on different aviation security standards than TSA. TSA headquarters officials stated that working with host governments to harmonize aviation security standards as well as the process used to conduct assessments--that is, developing similar standards and assessment processes that provide the same level of security--would facilitate TSA's use of host government and third party assessment results. TSA has made efforts to harmonize security standards and inspection processes with the European Commission, although, as of February 2007, a time frame for completion of these efforts had not yet been established. TSA has also harmonized some security standards-- particularly those related to the screening of liquids, gels, and aerosols--with several European countries, Australia, and Canada. In addition to working to address concerns regarding the resource burden placed on host governments as a result of frequent airport visits, TSA has taken steps to address some country-specific challenges that have limited TSA's ability to conduct foreign airport visits. For example, TSA said that officials from one country viewed TSA's airport assessments as an infringement on their country's sovereignty, and therefore would not allow TSA to conduct assessments of airports in their country. However, TSA officials negotiated with officials in this country so that assessments are conducted under the guise of a TSA "visit" to--versus an "assessment" of--the airport, although officials from that country prohibit TSA inspectors from assessing airport perimeter security and the contents of their national aviation security programs. TSA officials stated that when unique concerns arise in the future, they will continue to work with countries on a case-by-case basis to try to address their concerns. In our April 2007 report that contained sensitive security information, we made several recommendations to assist TSA in strengthening oversight of the foreign airport assessment and air carrier inspection programs. These include developing and implementing controls to track the status of scheduled foreign airport assessments and air carrier inspections from initiation through completion, including reasons why assessments and inspections were deferred or canceled; developing and implementing a standard process for tracking and documenting host governments' progress in addressing security deficiencies identified during airport assessments; and developing performance measures to evaluate the impact that TSA assistance and enforcement actions have had on improving foreign airport and air carrier compliance with applicable aviation security standards. We provided a draft of this report to the Department of Homeland Security (DHS) for review. DHS, in its written comments, concurred with our findings and recommendations, and stated that the recommendations will help strengthen TSA's oversight of foreign airport assessments and air carrier inspections. DHS described some actions that TSA is taking to implement these recommendations, including enhancing its tracking system to include the reason for deferment or cancellation of an airport assessment or an air carrier inspection; developing a system whereby outstanding deficiencies noted during an assessment will be tracked along with deficiency specific information, deadlines, and current status; and developing outcome-based performance measures for the foreign airport assessment program and air carrier inspection activities. Background: DHS Responsibilities for Ensuring the Security of U.S.-Bound Flights from Foreign Countries: Shortly after the September 11, 2001, terrorist attacks, Congress passed, and the President signed into law, the Aviation and Transportation Security Act, which established TSA and gave the agency responsibility for securing all modes of transportation, including the nation's civil aviation system, which includes domestic and international commercial aviation operations.[Footnote 13] In accordance with 49 U.S.C. § 44907, TSA assesses the effectiveness of security measures at foreign airports served by a U.S. air carrier, from which a foreign air carrier serves the United States, that pose a high risk of introducing danger to international air travel, and at other airports deemed appropriate by the Secretary of Homeland Security.[Footnote 14] This provision of law also identifies measures that the Secretary must take in the event that he or she determines that an airport is not maintaining and carrying out effective security measures based on TSA assessments.[Footnote 15] TSA also conducts inspections of U.S. air carriers and foreign air carriers servicing the United States from foreign airports pursuant to its authority to ensure that air carriers certificated or permitted to operate to, from, or within the United States meet applicable security requirements, including those set forth in an air carrier's TSA-approved security program.[Footnote 16] The Secretary of DHS delegated to the Assistant Secretary of TSA the responsibility for conducting foreign airport assessments but retained responsibility for making the determination that a foreign airport does not maintain and carry out effective security measures. Currently, TSA's Security Operations and Transportation Sector Network Management divisions are jointly responsible for conducting foreign airport assessments and air carrier inspections. Table 1 highlights the roles and responsibilities of certain TSA positions within these divisions that are responsible for implementing the foreign airport assessment and air carrier inspection programs. Table 1: Positions That Play a Key Role in TSA's Foreign Airport and Air Carrier Inspection Programs: Office/division: Security Operations; Position: Aviation Security Inspector; Duties: Inspectors are primarily responsible for performing and reporting the results of both foreign airport assessments and the air carrier inspections, and will provide on-site assistance and make recommendations for security enhancements. Inspectors are also deployed in response to specific incidents or to monitor for identified threats. Inspectors are based in one of TSA's five international field offices (IFO)[A.]. Office/division: Transportation Sector Network Management; Position: Transportation Security Administration Representative (TSAR); Duties: TSARs communicate with foreign government officials to address transportation security matters and to conduct foreign airport assessments. Specifically, the TSARs serve as on-site coordinators for TSA responses to terrorist incidents and threats to U.S. assets at foreign transportation modes. TSARs also serve as principal advisors on transportation security affairs to U.S. ambassadors and other embassy officials responsible for transportation issues to ensure the safety and security of the transportation system. For the foreign airport assessment program, TSARs are often involved in arranging pre- assessment activities, assessment visits, and follow-up visits. Additionally, TSARs are responsible for completing portions of the airport assessment reports and reviewing completed assessment reports. TSARs also help host government officials address security deficiencies that are identified during assessments. Office/division: Transportation Sector Network Management; Position: International Security Principal Inspector (IPSI); Duties: IPSIs are responsible for assisting foreign air carriers in complying with TSA security requirements by providing counseling and clarification to airlines on TSA requirements and providing requested information to TSA about these air carriers. Office/division: Transportation Sector Network Management; Position: Principal Security Inspector (PSI); Duties: PSIs are responsible for assisting U.S.-based air carriers in complying with TSA security requirements by providing oversight to airlines on TSA requirements and providing requested information to TSA about these air carriers. Source: TSA. [A] IFO managers are responsible for the overall planning of assessment visits that take place in their respective regions. TSA's IFOs are located in Dallas, Miami, Frankfurt, Singapore and Los Angeles. [B] TSARs are located in Athens, Bangkok, Beijing, Brussels, Buenos Aires, Dallas, Frankfurt, London, Madrid, Manila, Miami, Paris, Rome, Singapore, Sydney, Tokyo, and Washington, D.C. [End of table] TSA's Process for Assessing Aviation Security Measures at Foreign Airports: TSA conducts foreign airport assessments to determine the extent to which foreign airports maintain and carry out effective security measures in order to ensure the security of flights bound for the United States. Specifically, TSA assesses foreign airports using 86 of the 106 aviation security standards and recommended practices adopted by ICAO, a United Nations organization representing nearly 190 countries.[Footnote 17] (See app. II for a description of the 86 ICAO standards and recommended practices TSA uses to assess security measures at foreign airports.[Footnote 18]) While TSA is authorized under U.S. law to conduct foreign airport assessments at intervals it considers necessary, TSA may not perform an assessment of security measures at a foreign airport without permission from the host government. During fiscal year 2005, TSA scheduled assessments by categorizing airports into two groups. Category A airports--airports that did not exhibit operational issues in the last two TSA assessments--were assessed once every 3 years, while category B airports--airports that did exhibit operational issues in either of the last two TSA assessments, or were not previously assessed--were assessed annually. Based on documentation provided by TSA, during fiscal year 2005, TSA assessed aviation security measures in place at 128 foreign airports that participated voluntarily in TSA's Foreign Airport Assessment Program.[Footnote 19] TSA's assessments of foreign airports are conducted by a team of inspectors, which generally includes one team leader and one team member. According to TSA, it generally takes 3 to 7 days to complete a foreign airport assessment. However, the amount of time required to conduct an assessment varies based on several factors, including the size of the airport, the number of air carrier station inspections to be conducted at the airport,[Footnote 20] the threat level to civil aviation in the host country, and the amount of time it takes inspectors to travel from the international field office (IFO) to the airport where the assessment will take place. An additional 2 weeks is required for inspectors to complete the assessment report after they return to the IFO. As shown in figure 1, regarding the process for conducting a foreign airport assessment, before TSA can assess the security measures at a foreign airport, the Transportation Security Administration Representative (TSAR) must first obtain approval from the host government to allow TSA to conduct an airport assessment and to schedule the date for an on-site visit to the foreign airport. During the assessment, the team of inspectors uses several methods to determine a foreign airport's level of compliance with international security standards, including conducting interviews with airport officials, examining documents pertaining to the airport's security measures, and conducting a physical inspection of the airport. For example, the inspectors are to examine the integrity of fences, lighting, and locks by walking the grounds of the airport. Inspectors also make observations regarding access control procedures, such as looking at employee and vehicle identification methods in secure areas, as well as monitoring passenger and baggage screening procedures in the airport. At the close of an airport assessment, inspectors brief foreign airport and government officials on the results of the assessment. TSA inspectors also prepare a report summarizing their findings on the airport's overall security posture and security measures, which may contain recommendations for corrective action and must be reviewed by the TSAR, the IFO manager, and TSA headquarters officials. Figure 1: Airport Assessment Activities: [See PDF for image] Source: GAO analysis of information provided by TSA. [End of figure] If the inspectors report that an airport's security measures do not meet minimum international security standards, particularly critical standards, such as those related to passenger and checked baggage screening and access controls, TSA headquarters officials are to inform the Secretary of Homeland Security.[Footnote 21] If the Secretary, based on TSA's airport assessment results, determines that a foreign airport does not maintain and carry out effective security measures, he or she must, after advising the Secretary of State, take secretarial action. Figure 2 describes in detail the types of secretarial action the Secretary may take during such instances. There are three basic types of secretarial action: * 90-day action--The Secretary notifies foreign government officials that they have 90 days to address security deficiencies that were identified during the airport assessment and recommends steps necessary to bring the security measures at the airport up to ICAO standards.[Footnote 22] * Public notification--If, after 90 days, the Secretary finds that the government has not brought security measures at the airport up to ICAO standards, the Secretary notifies the general public that the airport does not maintain and carry out effective security measures.[Footnote 23] * Modification to air carrier operations--If, after 90 days, the Secretary finds that the government has not brought security measures at the airport up to ICAO standards: - The Secretary may withhold, revoke, or prescribe conditions on the operating authority of U.S.-based and foreign air carriers operating at that airport, following consultation with appropriate host government officials and air carrier representatives, and with the approval of the Secretary of State. - The President may prohibit a U.S.-based or foreign air carrier from providing transportation between the United States and any foreign airport that is the subject of a secretarial determination. * Suspension of service--The Secretary, with approval of the Secretary of State, shall suspend the right of any U.S.-based or foreign air carrier to provide service to or from an airport if the Secretary determines that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the airport, and the public interest requires an immediate suspension of transportation between the United States and that airport.[Footnote 24] Figure 2: Process for Taking Secretarial Action against a Foreign Airport: [See PDF for image] Source: GAO analysis of information provided by TSA. [End of figure] TSA's Process for Inspecting Air Carriers with Service to the United States from Foreign Airports: Along with conducting airport assessments, the same TSA inspection team also conducts air carrier inspections when visiting a foreign airport to ensure that air carriers are in compliance with TSA security requirements.[Footnote 25] Both U.S. and foreign air carriers with service to the United States are subject to inspection. As of February 2007, TSA guidance required TSA to inspect each U.S. air carrier station once a year, except for those airports in which TSA has determined to be an "extraordinary" location,[Footnote 26] where inspections are to occur twice a year. Foreign air carriers are to be inspected twice in a 3-year period at each foreign airport, except in extraordinary locations, where they are to be inspected annually.[Footnote 27] According to documentation provided by TSA, during fiscal year 2005, TSA conducted 529 inspections of foreign and U.S. air carriers serving the United States from foreign airports. When conducting inspections, TSA inspectors examine compliance with applicable security requirements, including TSA-approved security programs,[Footnote 28] emergency amendments to the security programs, and security directives.[Footnote 29] Air carrier security programs are based on the Aircraft Operator Standard Security Program for U.S.-based air carriers and the Model Security Program for foreign air carriers, which serve as guidance for what an air carrier needs to include in its own security program. The Aircraft Operator Standard Security Program is designed to provide for the safety of passengers and their belongings traveling on flights against acts of criminal violence, air piracy, and the introduction of explosives, incendiaries, weapons, and other prohibited items onboard an aircraft. Likewise, the Model Security Program is designed to prevent prohibited items from being carried aboard aircraft, prohibit unauthorized access to airplanes, ensure that checked baggage is accepted only by an authorized carrier representative, and ensure the proper handling of cargo to be loaded onto passenger flights. When TSA determines that additional security measures are necessary to respond to a threat assessment or to a specific threat against civil aviation, TSA may issue a security directive or an emergency amendment to an air carrier security program that sets forth additional mandatory security requirements.[Footnote 30] Air carriers are required to comply with each applicable security directive or emergency amendment issued by TSA, along with the requirements already within their security programs and any other requirements set forth in applicable law. Appendix III provides additional information on security requirements for U.S. and foreign air carriers serving the United States from foreign airports. Although U.S.-based and foreign air carriers are guided by different standards within the Aircraft Operator Standard Security Program and the Model Security Program, inspections for both of these entities are similar. As in the case of airport assessments, air carrier inspections are conducted by a team of inspectors, which generally includes one team leader and one team member. An inspection of an air carrier typically takes 1 or 2 days, but can take longer depending on the extent of service by the air carrier. Inspection teams may spend several days at a foreign airport inspecting air carriers if there are multiple airlines serving the United States from that location. During an inspection, inspectors are to review applicable security manuals, procedures, and records; interview air carrier station personnel; and observe air carrier employees processing passengers from at least one flight from passenger check-in until the flight departs the gate to ensure that the air carrier is in compliance with applicable requirements. Inspectors evaluate a variety of security measures, such as passenger processing including the use of No-Fly and Selectee lists,[Footnote 31] checked baggage acceptance and control, aircraft security, and passenger screening. Inspectors record inspection results into TSA's Performance and Results Information System (PARIS) system, a database containing security compliance information on TSA-regulated entities. If an inspector finds that an air carrier is violating any applicable security requirements, additional steps are to be taken to record those specific violations and, in some cases, pursue them with further investigation. Figure 3 provides an overview of the air carrier inspection and documentation process, including the options for what type of penalty, if any, should be imposed on air carriers for identified security violations. Figure 3: Air Carrier Inspection Process: [See PDF for image] Source: GAO analysis of information provided by TSA. [End of figure] When an inspector identifies a violation of a security requirement, a record of the violation is opened in PARIS. According to guidance issued by TSA to inspectors, there are various enforcement tools available to address instances of noncompliance discovered during an inspection: * On-the-spot counseling is generally to be used for noncompliance that is minor and technical in nature, and can be remedied immediately at the time it is discovered. When this course of action is taken, the inspector notes that the noncompliance issue was closed with TSA counseling in the finding record and no further action is required. * Administrative action is generally to be used for violations or alleged violations that are unintentional, not the result of substantial disregard for security, where there are no aggravating factors present, or first-time violations. An administrative action results in either a letter of correction or a warning notice being issued to the air carrier. * Civil penalties in the form of fines are generally to be used in response to cases involving egregious violations, gross negligence, or where administrative action and counseling did not adequately resolve the noncompliance. Fines can range between $2,500 and $25,000 based on the severity of the violation.[Footnote 32] If the violation is severe enough, TSA may also recommend revocation of the air carrier's certification to fly into the United States, but this action has not yet been taken by TSA. If a violation is resolved with on-the-spot counseling, that fact is recorded in the finding record of PARIS and the matter is closed. However, if the inspector opts to pursue administrative action or a civil penalty against the air carrier, an enforcement investigation record is opened, and an investigation is conducted. Based on the investigation findings, the inspector recommends either an administrative action or a civil penalty, depending on the finding and the circumstances. If the investigation does not provide evidence that a violation occurred, the matter is closed with no action taken. If the inspector makes a recommendation for an administrative action, the supervisory inspector or IFO manager will typically review the recommendation and, if appropriate, approve and issue the action. The supervisory inspector may also recommend that the action be changed to no action or to a civil penalty. In the case of the latter, the case will be referred to the Office of Chief Counsel for further review. In those cases where the inspector recommends that a civil penalty be assessed on the air carrier, it is referred to the Office of Chief Counsel for review. The office is responsible for ensuring that the action is legally sufficient, and that the recommended fine is consistent with agency guidelines. TSA's Office of Chief Counsel makes the final determination for any legal enforcement action. The office may approve the proposed action or make a recommendation for other actions, including administrative action or no action at all. TSA Found That Some Foreign Airports and Air Carriers Complied with All Aviation Security Standards, and When Deemed Necessary, DHS and TSA Took Enforcement Action on Those That Did Not: Based on the results of TSA's foreign airport assessments, during fiscal year 2005, some foreign airports and air carriers complied with all relevant aviation security standards, while others did not. The most common area of noncompliance for foreign airports was related to quality control--mechanisms to assess and address security vulnerabilities at airports. The Secretary of Homeland Security determined that the security deficiencies at two foreign airports assessed during fiscal year 2005 were so serious that he subsequently notified the general public that these airports did not meet international aviation security standards. In addition to assessing the security measures implemented by the airport authority at foreign airports, TSA also inspected the security measures put in place by air carriers at foreign airports. When security deficiencies identified during air carrier inspections could not be corrected or addressed immediately, TSA inspectors recommended enforcement action. TSA officials stated that while it is difficult to determine whether the assessment and inspection results are generally positive or negative, the cumulative foreign airport assessment and air carrier inspection results may be helpful in identifying the aviation security training needs of foreign aviation security officials. TSA does not have its own program through which aviation security training and technical assistance are formally provided to foreign aviation security officials. However, TSA officials stated that they could use the results of TSA's foreign airport assessments to refer foreign officials to training and technical assistance programs offered by ICAO and several other U.S. government agencies. TSA Data Identified That More than One-Third of Foreign Airports Complied with All Relevant ICAO Standards during Fiscal Year 2005, and the Remaining Airports Had Security Deficiencies: Of the 128 foreign airports TSA assessed during fiscal year 2005, TSA data show that at the completion of these assessments, 46 (about 36 percent) complied with all ICAO standards reviewed by TSA,[Footnote 33] while 82 (about 64 percent) did not meet at least one ICAO standard reviewed by TSA.[Footnote 34] For these 82 foreign airports, 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. Foreign airports were most frequently not meeting ICAO standards related to quality control. TSA data show that about 39 percent of foreign airports assessed during fiscal year 2005 did not comply with at least one ICAO quality control standard, which include mechanisms to assess and address security vulnerabilities at airports. For example, one airport did not meet an ICAO quality control standard because it did not have a mechanism in place to ensure that airport officials implementing security controls were appropriately trained and able to effectively perform their duties. In another instance, an airport did not comply with an ICAO quality control standard because, during its previous two assessments, inspectors found that the airport did not require or have records of background investigations conducted for individuals implementing security controls at the airport. Another area in which airports were not meeting ICAO quality control standards was the absence of a program to ensure the quality and effectiveness of their National Civil Aviation Security Program. TSA officials stated that quality control deficiencies may be prevalent among foreign airports in part because there is no international guidance available to aviation security officials to help them develop effective quality control measures. However, TSA officials stated that ICAO and other regional aviation security organizations offer training courses to help aviation security officials worldwide in developing effective quality control measures. TSA data also identified that at the completion of the assessment, nearly half of the foreign airports assessed during fiscal year 2005 did not meet at least one of the 17 ICAO standards that TSA characterized as "critical" to aviation security.[Footnote 35] According to TSA, access control, screening of checked baggage, and screening of passengers and their carry-on items are critical aspects of aviation security because these measures are intended to prevent terrorists from carrying dangerous items, such as weapons and explosives, onto aircraft. TSA data identified that some foreign airports assessed during fiscal year 2005 did not meet at least one access control standard. TSA data also identified that some foreign airports did not meet ICAO standards related to checked baggage screening. One of the baggage screening deficiencies TSA identified involved foreign airports not taking steps to prevent checked baggage from being tampered with after the baggage had been screened, prior to the baggage being placed on the aircraft. TSA data also identified that some foreign airports assessed during fiscal year 2005 did not meet ICAO standards related to passenger screening. One of the passenger- screening problems identified by TSA involved screening personnel not resolving hand-held metal detector or walk-through metal detector alarms to determine whether the individuals being screened were carrying prohibited items. The Secretary of Homeland Security Took Action against Foreign Airports That Did Not Maintain and Carry Out Effective Security Measures: Even if a foreign airport does not meet multiple aviation security standards, including critical standards, TSA may determine that such deficiencies do not warrant review by the Secretary of Homeland Security. However, if TSA determines that secretarial action may be warranted and the Secretary of Homeland Security, based on TSA's assessment, determines that a foreign airport does not maintain and carry out effective security measures, he or she must take secretarial action. Since the inception of DHS in March 2003, the Secretary of Homeland Security has taken action against five foreign airports he determined were not maintaining and carrying out effective security measures, four of which received 90-day action letters. The Secretary notified the public of his determination with respect to two of these airports--Port-au-Prince Airport in Haiti[Footnote 36] and Bandara Ngurah Rai International Airport in Bali, Indonesia[Footnote 37]--both of which were assessed during fiscal year 2005. TSA officials told us that the decision to take secretarial action against an airport is not based solely on the number and type of security deficiencies identified during TSA airport assessments.[Footnote 38] Rather, the secretarial action decision is based on the severity of the security deficiencies identified, as well as past compliance history, threat information, and the capacity of the host government to take corrective action.[Footnote 39] For example, there were other foreign airports assessed during fiscal year 2005 that did not comply with about the same number and type of critical ICAO standards as the five airports that received secretarial action. However, according to the former Deputy Director of TSA's Compliance Division, secretarial action was not taken against these airports either because the security deficiencies were determined to be not as severe, the host country officials were capable of taking immediate corrective action to address the deficiencies, or TSA did not perceive these airports to be in locations at high risk of terrorist activity. Table 2 demonstrates how two foreign airports--one for which secretarial action was taken and the other for which no secretarial action was taken--have about the same number and types of critical deficiencies, but differ in the severity of the deficiencies and their capability to take immediate corrective action to address identified deficiencies. Table 2: Comparison of the Severity of Security Deficiencies and Corrective Action Taken at One Secretarial Action Airport and One Non- Secretarial Action Airport: ICAO standard not met by the airport; Secretarial action airport: 4.7.1--Each Contracting State shall ensure that security restricted areas are established at each airport serving international civil aviation and that procedures and identification systems are implemented in respect of persons and vehicles. Severity of the deficiency; Secretarial action airport: * Security guards failed to check identification (ID) badges properly for pedestrians and vehicles entering restricted areas; * Guards allowed 54 vehicles to enter a restricted area requiring vehicles operators to only show a letter identifying them as a very important person (VIP); * Guards were not conducting walking or mobile patrols of areas around or in the airport; * Guards did not prevent persons without proper identification from entering restricted areas; * The airport did not have a program in place to audit the identification system; Non-Secretarial action airport: * Vehicles that did not have proper permits were parked in a restricted area; * A door that leads from the ticket counter to the airside was left open and unattended. Immediate corrective action taken by the airport to address the deficiency; Secretarial action airport: * No immediate action was taken to address the deficiency; Non-Secretarial action airport: * The airport director immediately removed the vehicles from the restricted area and informed vehicle operators that they would not be allowed to park in the restricted area until they obtained an authorized vehicle permit. ICAO standard not met by the airport; Secretarial action airport: 4.3.1--Each Contracting State shall establish measures to ensure that originating passengers and their cabin baggage are screened prior to boarding an aircraft engaged in international civil aviation operations. Severity of the deficiency; Secretarial action airport: * Screeners allowed individuals who set off walk-through metal detector alarms to pass through the screening checkpoint without determining the cause for the alarms; * Screeners were not using the hand-held metal detector correctly; * Screeners were conducting full-body pat-down searches incorrectly; * X-ray screeners were inattentive and did not routinely identify carry- on bags for further inspection; Non-Secretarial action airport: * Screeners allowed individuals who set off walk-through metal detector alarms to pass through the screening checkpoint without determining the cause for the alarms; * Screeners were not using the hand-held metal detector correctly; * Screeners did not physically inspect all cell phones; * Screeners did not rotate positions at the checkpoint; * The airport did not sufficiently staff the security checkpoint. Immediate corrective action taken by the airport to address the deficiency; Secretarial action airport: * Even after TSA inspectors demonstrated how to properly screen passengers and resolve metal detector alarms, screeners were still not able to screen passengers and carry-on items correctly; Non-Secretarial action airport: * After TSA inspectors demonstrated how to properly resolve metal detector alarms, prior to the completion of the assessment, the inspectors observed that screeners were screening passengers and their carry-on items correctly. Source: GAO analysis of TSA foreign airport assessment results. [End of table] According to TSA, secretarial actions are lifted when the Secretary, in part based on TSA's assessment of the airport, determines that the airport is carrying out and maintaining effective security measures. TSA lifted the secretarial action at Port-au-Prince airport in Haiti in July 2006, 19 months after the public notification was issued. During this 19-month period, TSA assisted Haitian officials in developing a national civil aviation security plan and provided training on how to properly screen passengers and their carry-on baggage. According to the former Deputy Director of TSA's Compliance Division, although TSA determined earlier during 2006 that all of the security deficiencies at the airport had been addressed by Haitian officials, based on specific intelligence information regarding threats to the airport in Haiti, the Secretary delayed lifting the secretarial action until July 2006. As of February 2007, the public notification for the airport in Bali was still in place. TSA officials stated that they are in frequent contact with Indonesian officials to discuss Indonesia's progress in addressing security deficiencies at the airport. TSA officials also stated that they are awaiting Indonesian officials' request for TSA to conduct an airport assessment to determine whether the security deficiencies at the airport in Bali have been addressed. More than Two-Thirds of Fiscal Year 2005 Air Carrier Inspections Identified Compliance with All TSA Security Requirements, while the Remaining Inspections Identified Some Security Deficiencies: In addition to assessing the security measures implemented by the airport authority at foreign airports, TSA also inspected the security measures put in place by air carriers at foreign airports. According to air carrier inspection data maintained by TSA, during fiscal year 2005, of the 529 inspections of air carriers operating out of foreign airports, there were 373 inspections (about 71 percent) for which the air carrier complied with all TSA security requirements, and 156 inspections (about 29 percent) for which the air carrier did not comply with at least one TSA security requirement.[Footnote 40] For these 156 inspections, the average number of TSA requirements not met was about 3, and the number of TSA requirements not met by an individual inspected air carrier ranged from 1 to 18. The total number of security requirements against which air carriers were inspected generally ranged from about 20 to 80, depending on the location of the foreign airport in which the air carrier operated, the extent of a carrier's operation at the airport, and whether the carrier was a U.S.-based or foreign- based carrier.[Footnote 41] During fiscal year 2005 air carrier inspections, TSA identified security deficiencies in several areas, including aircraft security and passenger and checked baggage screening.[Footnote 42] Because TSA has authority to regulate air carriers that provide service to the United States from foreign airports, TSA inspected air carriers against specific security requirements established by TSA and included in the air carriers' TSA-approved security programs. TSA officials told us that they view operational security requirements for air carriers as critical--as opposed to documentary requirements associated with the air carrier's approved security program--because these requirements are designed to prevent terrorists from carrying weapons, explosives, or other dangerous items onto aircraft. TSA Took Enforcement Action against Some Air Carriers with Security Deficiencies That Could Not Be Addressed Immediately: When TSA inspectors identify deficiencies that cannot be corrected or addressed immediately, the inspectors are to recommend enforcement action. Based on data provided by TSA, TSA inspectors identified 419 violations (security deficiencies) as a result of the 156 air carrier inspections conducted during fiscal year 2005 where TSA identified at least one security deficiency. Data from TSA showed that 259 violations (about 62 percent) were corrected or addressed immediately. TSA inspectors submitted 76 violations (about 18 percent) for investigation because the violations were considered serious enough to warrant an enforcement action.[Footnote 43] TSA can impose three types of enforcement action on air carriers that violate security requirements- -a warning letter, a letter of correction, or a monetary civil penalty. Based on information included in TSA's investigation module within PARIS, for the 47 investigations we could link to fiscal year 2005 inspections,[Footnote 44] warning letters were issued in 26 cases, and letters of correction were issued in 14 cases. Fines ranging from $18,000 to $25,000 were recommended in the 7 cases where inspectors recommended civil penalties be imposed. Of those, fines ranging from $4,000 to $15,000 were ultimately levied in 3 cases, in 1 case a warning notice was issued instead of a civil penalty, and in 2 cases no action was taken.[Footnote 45] As of December 2006, 1 case remained unresolved. TSA Officials Cite Difficulties in Drawing Conclusions about Foreign Airport Assessment and Air Carrier Inspection Results: TSA officials stated that it is difficult to draw conclusions about the cumulative foreign airport assessment and air carrier inspection results--such as whether the results are generally positive or negative--because the primary concern is not whether security deficiencies are identified. Instead, TSA officials are more concerned about whether foreign countries have the capability and willingness to address security deficiencies. According to TSA, some foreign countries do not have the aviation security expertise or financial resources to adequately address security deficiencies. TSA officials also stated that some foreign countries do not regard aviation security as a high priority, and therefore do not intend to correct security deficiencies identified during TSA assessments. Further, TSA officials stated that foreign officials' capability and willingness also influence the extent to which air carriers comply with security requirements. Although TSA has not conducted its own analysis of foreign airport assessment and air carrier inspection results, TSA officials stated that our analysis of the results was consistent with their assumptions regarding the most prominent security deficiencies identified at foreign airports and among air carriers. Additionally, TSA officials stated that the cumulative foreign airport assessment and air carrier inspection results may be helpful in identifying the aviation security training needs of foreign aviation security officials. TSA does not have an internally funded program in place that is specifically intended to provide aviation security training and technical assistance to foreign aviation security officials. However, TSA officials stated that they coordinate with other federal agencies, such as the Department of State and the U.S. Trade and Development Agency, to identify global and regional training needs and provide instructors for the aviation security training courses these federal agencies offer to foreign officials. (See app. IV for a description of the aviation security training and technical assistance programs offered by U.S. government agencies.) While TSA does not always determine which foreign countries would receive aviation security training and technical assistance offered by other federal agencies, TSA officials stated that they could use the cumulative results of TSA's foreign airport assessments to refer foreign officials to these assistance programs. TSA Assisted Foreign Officials and Air Carrier Representatives in Addressing Security Deficiencies, but Can Strengthen Oversight of the Foreign Airport Assessment and Air Carrier Inspection Programs: TSA used various methods to help foreign officials and air carrier representatives address security deficiencies identified during TSA assessments and inspections. However, opportunities remain for TSA to enhance oversight of its foreign airport assessment and air carrier inspection programs. To help foreign airport officials and host government officials address security deficiencies identified during foreign airport assessments, TSA inspectors provided on-site consultation to help address security deficiencies in the short term, made recommendations for addressing security deficiencies over the long term, and recommended aviation security training and technical assistance opportunities for foreign officials to help them meet ICAO standards. During fiscal year 2005, TSA resolved 259 of the 419 security deficiencies identified during TSA inspections through on-site consultation. Additionally, TSA assigned all U.S. air carriers and foreign air carriers to a principal security inspector and international principal security inspector, respectively, to provide counseling or clarification regarding TSA security requirements. Although TSA has assisted foreign airport officials and air carrier representatives in addressing security deficiencies, TSA did not track the status of scheduled airport assessments and air carrier inspections, document foreign governments' progress in addressing security deficiencies at foreign airports, track enforcement actions taken in response to air carrier violations, and measure the impact of the foreign airport assessment and air carrier inspection programs on security. Such information would have provided TSA better assurance that the foreign airport assessment and air carrier inspection programs are operating as intended. TSA Assisted Foreign Officials in Addressing Security Deficiencies at Foreign Airports in Various Ways, and Foreign Officials Generally Viewed TSA's Assistance as Beneficial: TSA officials stated that while the primary mission of the foreign airport assessment program is to ensure the security of U.S.-bound flights by assessing whether foreign airports are complying with ICAO standards, a secondary mission of the program is to assist foreign officials in addressing security deficiencies that TSA identified during its foreign airport assessments. As part of the foreign airport assessment program, TSA officials assisted foreign authorities in addressing security deficiencies in various ways, including: * providing on-site consultation to help airport officials or the host government immediately address security deficiencies, * making recommendations to airport officials or the host government for corrective action intended to help sustain security improvements, and: * helping to secure aviation security training and technical assistance for foreign governments. On-Site Consultation and Recommendations for Corrective Action: Based on our review of TSA foreign airport assessment reports, during fiscal year 2005, TSA provided on-site consultation to help foreign officials immediately address security deficiencies that were identified during airport assessments and made recommendations to help foreign officials sustain security improvements in the longer term. One type of security deficiency identified during TSA's fiscal year 2005 foreign airport assessments involved a particular passenger checkpoint screening function.[Footnote 46] As a short-term solution to this security deficiency, on at least two occasions, TSA inspectors provided on-site training to instruct screeners on proper passenger screening techniques. As a longer-term solution, the assessment reports identify that in some cases, TSA inspectors recommended that the airport conduct remedial training for screeners and routinely test screeners who work at the passenger checkpoint to determine if they are screening passengers correctly. Another security deficiency identified at foreign airports during fiscal year 2005 related to the security of airport perimeters.[Footnote 47] After identifying this deficiency, inspectors consulted with foreign airport officials who, in a few cases, took immediate action to address the deficiency. According to the assessment reports, in some cases, TSA inspectors recommended measures that would help the airport sustain perimeter security in the longer term. In cases when a short-term solution may not be feasible, TSA inspectors may have only recommended longer-term corrective action. For example, in some cases, TSA inspectors recommended that foreign airport officials embark upon a longer-term construction project to address a particular type of security deficiency.[Footnote 48] Aviation Security Training and Technical Assistance: During fiscal year 2005, TSA also assisted foreign governments in securing training and technical assistance provided by TSA and other U.S. government agencies to help improve security at foreign airports, particularly at airports in developing countries. For example, four of the seven TSA Representatives--TSARs---with whom we met said that they had assisted foreign governments in obtaining training either through the State Department's Anti-Terrorism Assistance Program or through the U.S. Trade and Development Agency's aviation security assistance programs. The goals of the Anti-Terrorism Assistance Program are to (1) build the capacity of foreign countries to fight terrorism; (2) establish security relationships between U.S. and foreign officials to strengthen cooperative anti-terrorism efforts; and (3) share modern, humane, and effective anti-terrorism techniques. The State Department addresses the capacity-building goal of the Anti-Terrorism Assistance Program by offering a selection of 25 training courses to foreign officials, 1 of which focuses on airport security. The State Department provided the airport security course, which is taught by TSA instructors, to seven foreign countries during fiscal year 2005-- Bahamas, Barbados, Dominican Republic, Kazakhstan, Philippines, Qatar, and United Arab Emirates. The U.S. Trade and Development Agency also provides aviation security training and technical assistance to help achieve its goal of facilitating economic growth and trade in developing countries. During fiscal year 2005, the U.S. Trade and Development Agency provided aviation security training for government officials in Haiti, Malaysia, and sub-Saharan Africa. During the same year, the agency held regional workshops for various countries worldwide on developing quality control programs. Government officials from two of the five countries we visited identified the importance of obtaining quality control training, particularly given that they have not yet established their own quality control function. Appendix IV includes a detailed description of aviation security training and technical assistance provided to foreign officials by the State Department and the U.S. Trade and Development Agency, as well as other U.S. government agencies. Foreign Officials We Contacted Generally Viewed TSA's Assistance as Beneficial: Government and airport officials from five of the seven foreign countries we visited and officials from 5 of the 16 foreign embassies we visited stated that TSA's airport assessments and the resulting assistance provided by TSA have helped strengthen airport security in their countries. For example, officials from one country said that TSA assessments enabled them to identify and address security deficiencies. Specifically, officials stated that the government could not independently identify security deficiencies because it did not have its own airport assessment program--a condition that TSA officials told us exists in many countries. Airport officials in another country stated that TSA's airport assessments and on-site assistance led to immediate improvements in the way in which passengers were screened at their airport, particularly with regard to the pat-down search procedure. Embassy officials representing another country also stated that TSA's assessments reinforce the results of other assessments of their airports. In addition, these officials stated that they appreciated the good rapport and cooperative relationships they have with TSA inspection officials. Airport officials in another country we visited stated that TSA assisted them in developing their aviation security management program, and that the results of TSA's assessments provided them with examples of where they need to concentrate more efforts on meeting ICAO standards. Government officials in this same country said that the TSAR has helped them to comply with ICAO standards related to the contents of a member state's national aviation security program. At the recommendation of the TSAR, these officials also planned to participate in an aviation security workshop provided by the Organization of American States,[Footnote 49] which they also felt would be beneficial in helping the government formulate its national aviation security programs and associated security regulations. TSA Provided Assistance to Air Carriers That Did Not Comply with Applicable Security Requirements: In addition to assisting foreign officials in addressing security deficiencies identified during airport assessments, TSA also assisted air carrier representatives in addressing security deficiencies that were identified during air carrier inspections. Of the 419 instances in which TSA inspectors identified noncompliance with TSA security requirements during fiscal year 2005, TSA data show 259 were resolved through counseling--that is, the security deficiencies were resolved as a result of on-site assistance or consultation provided by TSA. For example, during one inspection, TSA observed that the security contractor employed by the air carrier was not properly searching the aircraft cabin for suspicious, dangerous, or deadly items prior to boarding. TSA instructed the contractor to fully inspect those locations that were not searched properly, and obtained assurance that the air carrier would provide information to the contractors to ensure proper searches were conducted. In another instance, inspectors identified a security deficiency related to catering carts. The inspectors notified appropriate catering facility officials, who stated that the security deficiency was highly unusual and that it would not happen again. The inspectors also informed the air carrier of the finding and recommended that during the carrier's internal audits, they ensure that catering carts are properly secured. In addition to counseling provided by inspectors when deficiencies are identified, TSA assigns each air carrier to either a PSI, for U.S.- based air carriers, or an IPSI, for foreign air carriers with service to the United States, to assist air carriers in complying with TSA security requirements. Although PSIs and IPSIs do not participate in air carrier inspections, they do receive the inspection results for the air carriers that they work with. According to the three PSIs and four IPSIs with whom we met, PSIs and IPSIs provide counsel to the air carriers and provide clarification when necessary on TSA security requirements. For example, they provide air carriers with clarification on the requirements contained in security directives and emergency amendments issued by TSA. Several of the foreign air carriers we met with told us that the IPSIs are generally responsive to their requests. In other instances, when an air carrier cannot comply with a TSA security requirement--such as when complying with a TSA security requirement would cause the air carrier to violate a host government security requirement--the air carrier will work with the IPSI or PSI to develop alternative security procedures that are intended to provide a level of security equivalent to the level of security provided by TSA's requirements, according to the PSIs and IPSIs with whom we met. These alternative procedures are reviewed by the PSI or IPSI and then approved by TSA headquarters officials.[Footnote 50] Opportunities Exist for TSA to Strengthen Oversight of the Foreign Airport Assessment and Air Carrier Inspection Programs: TSA has several controls in place to ensure that the agency is implementing the foreign airport assessment and air carrier inspection programs as intended. However, there are opportunities for TSA to improve its oversight of these programs to help ensure that the status and disposition of scheduled foreign airports assessments and air carrier inspections is documented and to assess the impact of the assessment and inspection programs. Regarding the foreign airport assessment program, TSA required inspectors and TSARs to follow standard operating procedures when scheduling and conducting foreign airport assessments. These procedures outline the process for coordinating with host government officials to schedule assessments, conduct foreign airport assessments, and report the results of the assessments. TSA also provided inspectors with a job aide to help them ensure that all relevant ICAO standards are addressed during an assessment. The job aide prompts inspectors as to what specific information they should obtain to help determine whether the foreign airport is meeting ICAO standards. For example, in assessing measures related to passenger-screening checkpoints, the job aide prompts the inspector to describe the means by which the airport ensures there is no mixing or contact between screened and unscreened passengers. In addition to the standard operating procedures and the job aide, TSA requires inspectors to use a standard format for reporting the results of foreign airport assessments and has implemented a multilayered review process to help ensure that airport assessment reports are complete and accurate. With regard to the air carrier inspection program, TSA uses the automated Performance and Results Information System to compile inspection results. PARIS contains results of air carrier inspections conducted by TSA at airports in the United States as well as inspections conducted at foreign airports. For air carrier inspections conducted at foreign airports, a series of prompts guides inspectors regarding what security standards U.S. carriers and foreign carriers operating overseas must meet. PARIS also includes a review process whereby completed inspection results can be reviewed by a supervisory inspector before being approved for release into the database. While TSA has controls such as these in place for the foreign airport assessment and air carrier inspection programs to ensure consistent implementation and documentation, we identified four additional controls that would strengthen TSA's oversight of the foreign airport assessment and air carrier inspection programs: * tracking the status of scheduled airport assessments and air carrier inspections, * documenting foreign governments' progress in addressing security deficiencies, * tracking air carrier violations, and: * measuring the impact of the foreign airport assessment and air carrier inspection programs. Additional Controls Are Needed to Track the Status of Scheduled Airport Assessments and Air Carrier Inspections: TSA has established some controls for tracking the status of scheduled airport assessments and air carrier inspections, but additional controls are needed. TSA provided us with a list of foreign airport assessments that were scheduled to take place during fiscal year 2005 and identified which of the assessments were actually conducted and which assessments were deferred or canceled. We compared the list of scheduled assessments provided by TSA to the fiscal year 2005 airport assessment reports we reviewed and identified several discrepancies. Specifically, there were 10 airport assessments that TSA identified as having been conducted, but when we asked TSA officials to provide the reports for these assessments, they could not, and later categorized these assessments as deferred or canceled. Conversely, there was 1 airport assessment that TSA identified as having been deferred, but according to the assessment reports we reviewed, this assessment was actually conducted during fiscal year 2005. There were also five foreign airports for which TSA provided us with the fiscal year 2005 assessment report, but were not included on TSA's list of assessments scheduled for fiscal year 2005. Further, there were three foreign airports listed under one IFO as having been deferred, whereas these same airports were listed under another IFO as having been canceled during fiscal year 2005.[Footnote 51] TSA also did not maintain accurate information on the status of air carrier inspections scheduled for fiscal year 2005. TSA provided us with a list of all air carrier inspections conducted during fiscal year 2005. We compared the list to the results contained in the PARIS database and found numerous inconsistencies. Specifically, we identified 46 air carrier inspections at 18 airports that were not included on TSA's list, but were included in PARIS as having been conducted during fiscal year 2005. Federal standards for internal controls and associated guidance suggest that agencies should document key decisions in a way that is complete and accurate, and that allows decisions to be traced from initiation, through processing, to after completion. TSA officials acknowledged that they have not always maintained accurate and complete data on the status of scheduled foreign airport assessments and air carrier assessments, in part due to the lack of a central repository in which to maintain assessment information and the lack of standardization in the way in which each IFO manager maintains assessment information. Additionally, IFOs had not always documented the reasons why assessments and inspections were deferred or canceled. TSA officials stated that in August 2006 they began standardizing and refining the existing databases used by IFO staff for tracking the status of foreign airport assessments and air carrier inspections by including data elements such as the dates of previous and planned assessments. TSA officials also stated that IFO staff are now encouraged to identify the reasons why assessments and inspections were deferred or canceled in the comment section of the database. While TSA has made some improvements to the way in which it tracks the status of scheduled foreign airport assessments and air carrier inspections, there are opportunities for additional refinements to TSA's tracking system. For example, according to our review of TSA's fiscal year 2007 foreign airport assessment and air carrier inspection schedules, TSA did not provide an explanation for why 13 of 34 foreign airport visits--that is, either assessments or inspections--had not been conducted according to schedule. TSA officials acknowledged that their assessment and inspection tracking system is a work in progress and that they need to make additional decisions regarding the tracking system, such as which data elements to include. Without adequate controls in place for tracking which scheduled assessments and inspections were actually conducted and which were deferred or canceled, it may be difficult for TSA to ensure that all scheduled airport assessments and air carrier inspections are actually conducted. TSA Did Not Consistently Document Foreign Governments' Progress in Addressing Security Deficiencies: TSARs--the primary liaisons between the U.S. government and foreign governments on transportation security issues--are responsible for following up on progress made by foreign officials in addressing security deficiencies identified during TSA assessments. Although the TSARs we interviewed stated that they conducted such follow-up, the TSARs did not consistently document the progress foreign governments had made in addressing airport security deficiencies. We found 199 instances in the 128 fiscal year 2005 foreign airport assessment reports we reviewed where it was written that the TSAR would follow up or was recommended to follow up on the progress made by foreign officials in addressing security deficiencies identified during airport assessments. However, TSA may not be able to determine whether TSARs had actually followed up on these security deficiencies because TSARs did not consistently document their follow-up activities. We interviewed 8 of the 20 TSARs stationed at embassies throughout the world and one Senior Advisor and DHS attaché. Six of those TSARs stated that they followed up on outstanding security deficiencies in various ways,[Footnote 52] depending on the severity of the deficiency and the confidence that the TSAR had in the host government's ability to correct the deficiency. For example, one TSAR told us that for less critical security deficiencies, she may inquire about the foreign government's status in addressing the deficiency via electronic mail or telephone call. On the other hand, for a critical deficiency, the TSAR said she may follow up in person on the host government's progress in addressing the deficiency. However, another TSAR stated that she only follows up on the foreign government's progress in addressing national program issues. She stated that she does not follow up on operational security deficiencies--such as screening of passengers and checked baggage--because she believes this is the responsibility of the TSA inspection staff. While 4 of the 8 TSARs we interviewed told us that they were able to follow up on the status of most or all security deficiencies within their area of responsibility, not all of these TSARs reported the results of their follow-up to TSA inspection staff, in part because they were not required to do so. In addition, TSARs stated that when they did document the results of their follow-up, it was not done consistently. For example, follow-up results were sometimes documented in weekly trip reports (generally electronic mail messages) TSARs send to their immediate supervisor in TSA headquarters or in action plans.[Footnote 53] In addition, these weekly reports did not always contain information from the TSARs' follow-up activities with host government or airport officials. Federal standards for internal controls and associated guidance suggest that agencies should document key activities in such a way that maintains the relevance, value, and usefulness of these activities to management in controlling operations and making decisions. TSA headquarters officials acknowledged that it is important to consistently document foreign governments' status in addressing security deficiencies identified during TSA assessments, because this information could be helpful to TSA inspection staff when determining where to focus their attention during future assessments. Additionally, documenting foreign governments' progress toward addressing deficiencies would enable TSA to have current information on the security status of foreign airports that service the United States. TSA established a working group in September 2006 to explore how the results of TSAR follow-up should be documented and used by TSA inspection staff. Because of the logistical challenges of coordination among working group members who are located around the world, TSA has not set a time frame for when the working group is expected to complete its efforts. TSA Did Not Adequately Maintain Information to Link Enforcement Actions with Specific Air Carrier Security Violations: TSA does not maintain air carrier inspection data in a way that would enable the agency to determine what enforcement actions were taken in response to identified security violations and thus could not readily determine whether appropriate penalties, if any, were given to air carriers that violated security requirements. We found two factors that contributed to this situation. First, information on violations and findings was not consistently recorded, and second, TSA does not link enforcement actions to inspection findings. For example, when an inspector identifies a violation during an inspection, that information is recorded in the inspections database in PARIS and a record is to be opened in the findings database.[Footnote 54] The findings database record includes information related to the violation, including whether the violation was closed with counseling or an investigation was opened. However, we found that information is not maintained in a way that enables TSA to readily determine the enforcement action that was taken in response to a particular violation. For example, the findings database did not include information on the action taken by TSA inspectors for all security violations that were identified in the inspections database. Specifically, the inspections database indicated that during fiscal year 2005, 419 air carrier violations were identified during 156 inspections. However, the findings database only identified the actions taken by TSA inspectors for 335 violations. On further analysis we found that of the 156 inspections where violations were identified, the number of violations for 79 (51 percent) of those inspections were not properly recorded in the findings database. We determined that for 66 inspections, the number of violations identified in the findings database was less than the number of violations identified in the inspections database. Therefore, there is no record of what action was taken, if any, by TSA inspectors to address the additional violations identified during these inspections. We also determined that for 13 inspections, the number of violations identified in the findings database was greater than the number of violations identified in the inspections database. Another reason TSA could not readily identify what enforcement actions were taken in response to specific security violations was that TSA often issued one enforcement action for multiple security violations, where inspectors were not required to identify each individual violation that was addressed by a particular enforcement action. Without being able to readily identify what enforcement action was taken in response to specific security violations, TSA has limited assurance that the inspected air carriers received appropriate penalties, if deemed necessary, and that identified security violations were resolved. TSA officials told us that they are currently developing updates to PARIS that will automatically open a finding each time a violation is recorded in the inspection database. By doing so, this will require a link between a violation and the planned course of action to resolve the violation. However, TSA has not established a time frame for when these updates will be implemented. TSA Did Not Have Outcome-Based Performance Measures to Assess the Impact of the Foreign Airport Assessment and Air Carrier Inspection Programs: TSA is taking steps to assess whether the goals of the foreign airport assessment and air carrier inspection programs are being met, but identified several concerns about doing so. As previously discussed, the goal of the foreign airport assessment and air carrier inspection programs are to ensure the security of U.S.-bound flights by evaluating the extent to which foreign governments and air carriers are complying with applicable security requirements. The Government Performance and Results Act of 1993 requires executive branch departments to use performance measures to assess progress toward meeting program goals and to help decision makers assess program accomplishments and improve program performance. Performance measures can be categorized either as outcome measures, which describe the intended result of carrying out a program or activity, or as output measures, which describe the level of activity that will be provided over a period of time, or as efficiency measures, which show the relationship between outcome or output of a program and the resources used to implement program activities--inputs. TSA developed the following output and efficiency measures to evaluate its international aviation regulatory and enforcement efforts, which include foreign airport assessments and air carrier inspections: * percentage of countries with last-point-of-departure service to the United States that are provided aviation security assistance at the national or airport level, * percentage of countries that do not have last-point-of-departure service to the United States that are provided aviation security assistance at the national or airport level, and: * average number of international inspections conducted annually per inspector. While output measures are useful in determining the number of foreign countries for which TSA has provided aviation security assistance and the rate at which such assistance is being provided, outcome-based measures would be particularly useful because they could be used to determine the extent to which TSA has helped to improve security at foreign airports that service the United States. However, TSA officials identified several challenges in developing outcome measures, particularly measures for the foreign airport assessment program. TSA officials said that it is difficult to develop meaningful outcome measures because TSA does not have control over whether foreign authorities implement and meet ICAO standards. Additionally, TSA officials stated that if the agency develops outcome measures for the foreign airport assessment program, it would suggest that TSA has control over whether foreign airports meet ICAO standards, which these officials believe may give the appearance that TSA does not respect the sovereignty of the countries it assesses. TSA officials further stated that if foreign officials perceive that TSA has no regard for their country's sovereignty, foreign officials may prohibit TSA from conducting assessments in their countries. We recognize that whether or not foreign governments meet ICAO standards is not within TSA's control and that foreign officials' concerns about sovereignty are important. However, TSA officials have acknowledged that the assistance the agency provides and, in rare cases, secretarial actions contribute to whether foreign governments meet ICAO standards. Also, there is precedent within the federal government for developing outcome-oriented performance measures to evaluate efforts that are not within an agency's control but can be influenced by the agency. For example, the State Department developed performance measures and targets for its Anti-Terrorism Assistance Program to evaluate the agency's impact on helping foreign countries improve their anti-terrorism capabilities. Specifically, during fiscal year 2006, the State Department set a performance target that two of the six countries that received assistance through the Anti-Terrorism Assistance Program would achieve a capability to effectively deter, detect, and counter terrorist organizations and threats and sustain those capabilities. Another performance target for the program that is beyond the State Department's control is for all 191 United Nations member states to implement a particular United Nations resolution that requires all states to take sweeping measures to combat terrorism. TSA headquarters officials, including the Director of Compliance and Area Directors, who oversee implementation of the foreign airport assessment program, questioned whether it would be appropriate to measure improvements made by foreign countries as a result of the assessment program. They stated that the primary purpose of the foreign airport assessment program is not to help foreign officials improve security at their airports; rather, the primary purpose of the foreign airport assessment program is to identify--not correct--security deficiencies at foreign airports and inform the Secretary of Homeland Security of such deficiencies. These officials also stated that the agency's efforts to assist foreign officials in addressing security deficiencies are voluntary and, therefore, do not warrant performance measurement. Although TSA may not be required to assist foreign officials in addressing security deficiencies identified during foreign airport assessments, TSA is in fact using its inspector and TSAR resources to this end. Consistent with the Government Performance and Results Act of 1993, developing performance measures and associated targets, such as the percentage of security deficiencies that were addressed as a result of TSA on-site assistance and TSA recommendations for corrective action, would enable TSA to evaluate the impact of its assistance on improving security at foreign airports and be held more accountable for the way in which it uses its resources. TSA could also evaluate the impact that secretarial actions have on helping foreign airports address security deficiencies in order to meet ICAO standards. Another challenge faced by TSA officials in developing outcome-based measures for the foreign airport assessment program is the lack of an automated system to collect and compile assessment results. TSA officials stated that in the absence of an automated system to input data and information obtained from airport assessments, they do not have enough resources to manually compile and analyze airport assessment data that could be used to feed into outcome measures. Currently, TSA headquarters maintains airport assessment reports either electronically or in hard copy, which makes it difficult to conduct systematic analysis of assessment results across foreign airports and over time to evaluate the impact TSA's airport assessment program has had on helping foreign countries meet ICAO standards. TSA officials told us that $1 million was budgeted to develop a secured, automated database--the Foreign Airport Assessment Reporting System--to track airport assessment results. However, TSA officials stated that the development of the Foreign Airport Assessment Reporting System has been slow due to challenges TSA has experienced in linking the existing electronic systems in which previous airport assessment reports are stored with the new database. However, upon completion of the Foreign Airport Assessment Reporting System, which is scheduled for fiscal year 2008, TSA expects that the database will enhance standardization of assessment reports as well as accessibility to the results of previous foreign airport assessments. TSA also expects that the Foreign Airport Assessment Reporting System will enable TSA to conduct analysis of foreign airport assessment results. As with the foreign airport assessment program, TSA has also not developed outcome-based performance measures for its overseas air carrier inspection program. However, TSA officials have begun to collect and analyze data on air carrier inspections that could be used to measure the impact of TSA's inspection program on helping air carriers comply with TSA security requirements. During fiscal year 2006, TSA officials who manage PARIS began analyzing air carrier inspection results in an effort to assist the agency in evaluating the impact that enforcement actions--including on-site counseling, administrative actions, and civil penalties--have had on ensuring air carrier compliance with TSA security requirements. These officials plan to assess whether there is a relationship between the severity of civil penalties and the reoccurrence of security violations. The analysis that is being conducted by these officials is consistent with our reviews of agency compliance inspection programs, which have cited the need for evaluations of enforcement activities and the effectiveness of using sanctions such as civil penalties to increase compliance.[Footnote 55] However, while the TSA officials managing PARIS are conducting such analysis of performance information, officials who manage the air carrier inspection program did not intend to use the results of this analysis to develop performance measures or to influence program decisions. According to TSA officials, considering that overall compliance rates are very high among air carriers, and the number of enforcement actions taken by TSA is relatively low, there may not be enough data to conduct meaningful analysis of the impact of enforcement actions. In addition, TSA officials said that they were not convinced that air carrier compliance is influenced by enforcement actions, especially since air carriers are known to intentionally set aside funds when developing their annual budgets in anticipation that they will be fined for some type of security violation during the year. One TSA official stated that air carrier compliance with TSA security requirements is not always within the air carrier's control and is largely influenced by the security measures in place at the airport, as well as restrictions placed on air carriers by host government laws and regulations. When analyzing the fiscal year 2005 air carrier inspection results, we identified only one instance where noncompliance due to a conflict between TSA requirements and host government law resulted in an inspector requesting that enforcement action be taken against the air carrier.[Footnote 56] However, TSA chose not to take enforcement action against the air carrier and instead decided to work with the host government to resolve the conflict. Despite the concerns raised by TSA officials, using the analysis of air carrier inspection results to develop performance measures, TSA managers may not be able to identify which approaches for improving air carrier compliance are working well and which approaches could be improved upon. TSA Is Taking Action to Address Some Challenges That Have Limited Its Ability to Conduct Foreign Airport Assessments and Air Carrier Inspections: TSA is taking action to address challenges--particularly the lack of available inspectors and various host government concerns--that have limited its ability to conduct foreign airport assessments and air carrier inspections according to schedule. TSA has developed a risk- based approach to scheduling foreign airport assessments, and is in the process of developing a risk-based approach for scheduling air carrier inspections, to enhance the agency's ability to focus its limited inspector resources on higher-risk airports. The risk-based scheduling approach is also expected to reduce the number of visits TSA conducts at low-risk foreign airports, which may help address some host governments' concerns regarding the resource burden that results from frequent airport assessments by TSA and others. Harmonization--that is, mutual recognition and acceptance--of TSA, host government, and third party (e.g., European Commission) aviation security standards and assessment and inspection processes may also help TSA address host government concerns regarding resource burden. Specifically, when the opportunity is available, TSA is considering conducting joint assessments with some host governments or third parties, such as the European Commission, which would reduce the number of airport visits experienced by some countries. In addition to addressing concerns regarding the resource burden placed on host governments as a result of frequent airport visits, TSA has taken steps to address some country- specific challenges that have limited TSA's ability to conduct foreign airport visits. TSA Has Taken Steps to Enhance its Ability to Conduct Foreign Airport Assessments and Air Carrier Inspections on Schedule, but Staffing Challenges Remain: Various challenges have affected TSA's ability to maintain its schedule of conducting foreign airport assessments and air carrier inspections. The ability to conduct these assessments and inspections as scheduled is important, according to TSA officials, because foreign airport and air carrier compliance with applicable security requirements may deteriorate significantly between assessments. As time between visits increases, the likelihood may also increase that security deficiencies at foreign airports and among air carriers may arise and go undetected and unaddressed. TSA officials also stated that conducting assessments and inspections on a consistent basis helps to ensure that foreign countries continue to comply with ICAO standards and are operating with effective security measures. TSA data show that the agency deferred 90 of the 303 (about 30 percent) foreign airport visits that were scheduled for fiscal year 2005, which include both foreign airport assessments and air carrier inspections.[Footnote 57] According to TSA, these deferments resulted primarily from a lack of available inspectors to conduct the assessments and inspections. Our analysis identified that the reported shortage of available inspectors reflected the fact that (1) the inspector staff available to conduct the assessments and inspections was less than the number authorized at each of TSA's five IFOs at some point during fiscal year 2005 and (2) TSA scheduled more foreign airport visits during the fiscal year than available inspectors could complete. TSA officials cited several reasons why the IFOs operated in fiscal year 2005 with fewer inspectors than had been budgeted. First, TSA officials stated that due to State Department limitations on the number of inspectors that can be staffed at IFOs overseas, TSA did not have the budgeted number of inspectors on board to complete assessments and inspections scheduled for fiscal year 2005.[Footnote 58] Second, TSA officials stated that significant turnover among international inspectors and the subsequent lengthy process for filling vacant inspector positions also contributed to the lack of available inspectors. TSA officials attributed the turnover of international inspectors to various factors, including TSA's policy that limits the term of international inspectors at overseas IFOs to 4 years, the lack of opportunities for career advancement when stationed at an IFO, and unique difficulties inspectors experience when living and working overseas, such as disruptions to family life. As of January 2007, TSA officials did not have any specific efforts under way to help reduce turnover of international inspectors. Further, TSA officials stated that it takes an average of about 6 months to fill a vacant inspector position, due to the lengthy process for vetting newly hired inspectors. Specifically, once hired, international inspectors must be processed through the State Department, which entails applying for and receiving medical clearances, security clearances, a diplomatic passport, and visas. TSA officials stated that expediting the process of filling vacant positions is largely outside of TSA's control. However, TSA assigned a headquarters official to oversee this process to identify opportunities for accelerating it. Table 3 shows the number of inspectors budgeted for and available at the IFOs each month during fiscal year 2005. Table 3: Budgeted and Available International Inspectors by IFO, by Month for Fiscal Year 2005: Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 5; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 10; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 4. Month: October; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 15; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 5; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: November; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: December; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: January; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: February; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: March; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: April; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 8; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: May; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 9; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: June; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 9; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 3. Month: July; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 2; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 10; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 2. Month: August; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 3; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 10; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 1. Month: September; Number of international inspectors: Brussels/Frankfurt: Budgeted staffing for fiscal year 2005: 16; Number of international inspectors: Dallas: Budgeted staffing for fiscal year 2005: 4; Number of international inspectors: Los Angeles: Budgeted staffing for fiscal year 2005: 3; Number of international inspectors: Miami: Budgeted staffing for fiscal year 2005: 10; Number of international inspectors: Singapore: Budgeted staffing for fiscal year 2005: 1. Source: GAO analysis of TSA data. Note: The bold numbers represent months when, according to TSA, IFOs operated below their budgeted number of inspectors. [End of table] Even if TSA had been operating at its budgeted inspector staffing level, the agency may still have deferred some of the foreign airport assessments and air carrier inspections scheduled for fiscal year 2005 because, according to TSA officials, internal policy required them to schedule more foreign airport visits than the budgeted number of inspectors could reasonably have conducted. According to TSA officials, this internal policy was developed by the Federal Aviation Administration, which was responsible for conducting foreign airport assessments and air carrier inspections prior to TSA. TSA officials also stated that the Federal Aviation Administration had more available inspectors to conduct assessments and inspections than TSA. TSA officials stated that each international inspector should reasonably be able to conduct between 8 and 12 foreign airport visits per year,[Footnote 59] depending on the amount of time inspectors remain on site to assist foreign officials and air carrier representatives in addressing security deficiencies that are identified during assessments and inspections. However, according to data provided by TSA, each of the 5 IFOs scheduled more than 12 foreign airport visits per inspector for fiscal year 2005. Table 4 shows the average number of foreign airport visits scheduled per international inspector for fiscal year 2005. Table 4: Budgeted Number of Inspectors, Total Scheduled Foreign Airport Visits, and Average Number of Scheduled Foreign Airport Visits per Inspector, by IFO, for Fiscal Year 2005: IFO: Brussel