	Background

		Overview of Key Legislation Enacted After 9/11 Related to Aviation and Border Security

After the attacks of September 11, 2001, Congress and the President  enacted several new laws intended to address many of the vulnerabilities  exploited by the terrorists by strengthening layers of defense related to  aviation and border security. Visitor and  Immigrant Status Indicator Technology). Stronger Layered Defenses for Aviation Security in Place, Though We Reported More Needs to Be Done to Enhance Passenger Screening Operations and Security of Other Transportation Modes

TSA and other agencies have taken steps to strengthen the various layers  of commercial aviation defense—including passenger prescreening  (conducted after a reservation is made), passenger checkpoint screening  (conducted once passengers are at the airport and proceeding to the gate  with any carry-on bags), and in-flight security—that were exploited by the  hijackers on 9/11. Areas of Aviation System Not Exploited by 9/11 Terrorists Also Have Been Strengthened, though Implementation and Resource Challenges Remain

Two aspects of commercial aviation that were not directly implicated in  the 9/11 scenario—checked baggage screening and air cargo screening— are nonetheless recognized as important components of a layered system  of aviation defense. 4). Congress, DHS, and State have taken numerous  actions to help strengthen the visa process by, among other things,  expanding the name-check system used to screen applicants (including  portions of the consolidated watch list), requiring in-person interviews for  nearly all applicants, revamping consular training to focus on  counterterrorism, and augmenting staff at consular posts. New Visa-Related Policies and Programs Have Been Implemented to Enhance Visa Security, Improve Applicant Screening, Prevent Fraud, and More

As we reported in September 2005, State, DHS, and other agencies have  taken many steps since the 9/11 attacks to strengthen the visa process as  an antiterrorism tool. We  are currently reviewing this issue and expect to report on our findings  early this year. Efforts to Screen and Verify Travelers and Detect Fraudulent Travel Documents Have Enhanced Border Security, but We Have Reported More Work Is Needed to Ensure That Risks Posed by Certain Travelers and Cargo Are Mitigated

The processes for screening and inspecting travelers arriving at the  nation’s air, land, and sea ports represent a key layer of border security  defense. Since 9/11, in response to congressional  requirements, DHS has begun taking steps designed to mitigate the risks  posed by visa waiver travelers; however, we have reported that additional  actions are needed to further mitigate the risks posed by the use of  fraudulent identity documentation, including actions to ensure that foreign  governments report information on lost or stolen passports. The Government Faces Challenges in Assessing and Mitigating the Inherent Security Risks of the Visa Waiver Program

While significant progress has been made to ensure that terrorists do not  obtain visas as a prelude to gaining entry to the United States, visa holders  are by no means the only foreign travelers coming to the United States. Since  the terrorist attacks, the government has taken several actions intended to  enhance the security of the Visa Waiver Program by improving program  management, oversight, and efforts to assess and mitigate program risks,  among other things. It is still possible for travelers such as these to use fraudulent  documents as a basis for entering the country. We recently recommended that DHS  finalize a mandated report to Congress on US-VISIT that would include a  description of how a comprehensive biometrically based entry and exit  system would work and how DHS plans to align US-VISIT with other  emerging land border security initiatives. DHS agreed with these  recommendations. Federal Government Must Address Strategic Challenges of Sharing Terrorism- Related Information, Managing Risk, and Structuring DHS to Meet Its Mission

Five years after 9/11 and in the wake of new terrorist threats and tactics,  Congress, DHS, and other federal agencies face an array of strategic  challenges that potentially affect the ability of each to effectively oversee  or execute the ambitious goals and programs that are under way or  planned to enhance homeland security. U.S. leaders and policy makers  continue to face the need to choose an appropriate course of action going  forward—setting priorities, allocating resources, and assessing the social  and economic costs of the measures that may be taken governmentwide to  further strengthen domestic security. Moreover, it remains  vitally important for DHS to continue to develop and implement a risk- based framework to help target where the nation’s resources should be  invested to strengthen security, and determine how these investments  should be directed—toward people, processes, or technology. GAO-03-27. Aviation Security: Terrorist Acts Demonstrate Urgent Need to Improve  Security at the Nation’s Airports. Department of Homeland Security Office of Inspector General. 9/11 Commission Report: Reorganization, Transformation, and  Information Sharing. Homeland Security: Selected Recommendations from Congressionally  Chartered Commissions and GAO. Major Management Challenges and Program Risks: Department of State.
Why GAO Did This Study

Five years after the terrorist attacks of September 11, 2001, GAO is taking stock of key efforts by the President, Congress, federal agencies, and the 9/11 Commission to strengthen or enhance critical layers of defense in aviation and border security that were directly exploited by the 19 terrorist hijackers. Specifically, the report discusses how: (1) commercial aviation security has been enhanced; (2) visa-related policies and programs have evolved to help screen out potential terrorists; (3) federal border security initiatives have evolved to reduce the likelihood of terrorists entering the country through legal checkpoints; and (4) the Department of Homeland Security (DHS) and other agencies are addressing several major post-9/11 strategic challenges. The report reflects conclusions and recommendations from a body of work issued before and after 9/11 by GAO, the Inspectors General of DHS, State, and Justice, the 9/11 Commission, and others. It is not a comprehensive assessment of all federal initiatives taken or planned in response to 9/11. GAO is not making any new recommendations at this time since over 75 prior recommendations on aviation security, the Visa Waiver Program, and U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT), among others, are in the process of being implemented. Continued monitoring by GAO will determine whether further recommendations are warranted.

What GAO Found

While the nation cannot expect to eliminate all risks of terrorist attack upon commercial aviation, agencies have made progress since 9/11 to reduce aviation-related vulnerabilities and enhance the layers of defense directly exploited by the terrorist hijackers. In general, these efforts have resulted in better airline passenger screening procedures designed to identify and prevent known or suspected terrorists, weapons, and explosives from being allowed onto aircraft. Nevertheless, the nation's commercial aviation system remains a highly visible target for terrorism, as evidenced by recent alleged efforts to bring liquid explosives aboard aircraft. DHS and others need to follow through on outstanding congressional requirements and recommendations by GAO and others to enhance security and coordination of passengers and checked baggage, and improve screening procedures for domestic flights, among other needed improvements. GAO's work indicates that the government has strengthened the nonimmigrant visa process as an antiterrorism tool. New measures added rigor to the process by expanding the name-check system used to screen applicants, requiring in-person interviews for nearly all applicants, and revamping consular officials' training to focus on counterterrorism. Nevertheless, the immigrant visa process may pose potential security risks and we are reviewing this issue. To enhance security and screening at legal checkpoints (air, land, and sea ports) at the nation's borders, agencies are using technology to verify foreign travelers' identities and detect fraudulent travel documents such as passports. However, DHS needs to better manage risks posed by the Visa Waiver Program, whereby travelers from 27 countries need not obtain visas for U.S. travel. For example, GAO recommended that DHS require visa-waiver countries to provide information on lost or stolen passports that terrorists could use to gain entry. We also recommended that DHS provide more information to Congress on how it plans to fully implement US-VISIT--a system for tracking the entry, exit, and length of stay of foreign travelers. While much attention has been focused on mitigating the specific risks of 9/11, other critical assets ranging from passenger rail stations to power plants are also at risk of terrorist attack. Deciding how to address these risks--setting priorities, making trade-offs, allocating resources, and assessing social and economic costs--is essential. Thus, it remains vitally important for DHS to continue to develop and implement a risk-based framework to help target where and how the nation's resources should be invested to strengthen security. The government also faces strategic challenges that potentially affect oversight and execution of new and ongoing homeland security initiatives, and GAO has deemed three challenges in particular--information sharing, risk management, and transforming DHS as a department--as areas needing urgent attention. DHS and the Department of State reviewed a draft of this report and both agencies generally agreed with the information. Both agencies provided technical comments that were incorporated as appropriate.