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. 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. 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. 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. 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. 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. (See app. II for a description of the 86 ICAO standards and recommended practices TSA uses to assess security measures at foreign airports.) 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. 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, 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. 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. 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. 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. 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. 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. 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, 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. 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, emergency amendments to the security programs, and security directives. 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. 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.