Order Code RL34302
National Aviation Security Policy, Strategy, and
Mode-Specific Plans: Background and
Considerations for Congress
January 2, 2008
Bart Elias
Specialist in Aviation Policy
Resources, Science, and Industry Division

National Aviation Security Policy, Strategy,
and Mode-Specific Plans: Background
and Considerations for Congress
Summary
In the years leading up to the terrorist attacks of September 11, 2001, the United
States lacked a comprehensive national policy and strategy for aviation security. The
approach to aviation security was largely shaped by past events, such as the bombing
of Pan Am flight 103 in December 1988, rather than a comprehensive evaluation of
the full range of security risks. The 9/11 Commission concluded that the terrorist
attacks of September 11, 2001 revealed failures of imagination, policy, capabilities,
and management by both the FAA and the U.S. intelligence community.
Following the September 11, 2001 attacks, U.S. aviation security policy and
strategy was closely linked to the changes called for in the Aviation and
Transportation Security Act (ATSA, P.L. 107-71), which emphasized sweeping
changes to the security of passenger airline operations. While the importance of
strategic planning was recognized, it was not a priority. The 9/11 Commission
Report concluded that the TSA had failed to develop an integrated strategy for the
transportation sector and mode specific plans, prompting Congress to mandate the
development of these strategies and plans in the Intelligence Reform and Terrorism
Prevention Act of 2004 (P.L. 108-458). While the TSA has developed these
strategies and plans, the documents have been considered security sensitive thus
limiting public discourse on the DHS strategy for aviation security. However, in
June 2006 President Bush directed the DHS to establish and implement a national
strategy for aviation security and an accompanying set of supporting plans.
Under the framework for national aviation security policy established by the
President, the DHS has developed a publicly-available national strategy for aviation
security that addresses threats to aviation using a risk-based methodology to
complement the overarching National Infrastructure Protection Plan (NIPP) and
seeks to deter and prevent terrorist attacks against aviation, mitigate damage and
expedite recovery and minimize the impact of an attack to the aviation system. The
strategy seeks to achieve these objectives by engaging domestic and international
partners and carrying out specific actions set forth in a series of supporting plans for
operational security, surveillance and intelligence, threat response, system recovery,
and coordination.
Congress may have a specific interest in assessing whether these plans are
comprehensive, adaptable, sustainable, and adequately coordinated with budgetary
decisions and resource allocation. Specific issues for Congress may include the
validity of the strategy’s underlying risk assumptions; the extent to which 9/11
Commission recommendations and statutory requirements are reflected in the
strategy; consideration of sustainability of and advancement of security technologies
to meet future needs and system demands; whether the strategy is sufficiently
forward-looking and not reactive in its approach; the extent to which the strategy
provides a comprehensive framework for a robust aviation security system; and the
degree to which strategic objectives and approaches align with budget priorities and
resource availability. This report will not be updated.

Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
National Aviation Security Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The National Strategy for Aviation Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Threats to Aviation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Aircraft-related Threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Threats to Aviation Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Threats Involving Exploitation of Air Cargo . . . . . . . . . . . . . . . . . . . . 10
Risk-Based Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Strategic Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Roles and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Aviation Mode-Specific Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Some Possible Issues for Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
What is the validity of underlying risk assumptions? . . . . . . . . . . . . . . . . . 16
To what extent do the contents of U.S. policy, national strategy,
and mode-specific plans for aviation security align with
recommendations of the 9/11 Commission, and
statutory requirements related to the
implementation of those
recommendations? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Does the National Strategy for Aviation Security and its
supporting plans sufficiently consider the
sustainability of the aviation security
system and its various components? . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Is the national strategy for aviation security forward-looking,
or does it perpetuate a reactive approach to strategic
security planning in the aviation domain? . . . . . . . . . . . . . . . . . . . . . . 21
To what extent does the national strategy for aviation security
provide a comprehensive framework for conceptualizing
and implementing initiatives to develop and maintain
a robust aviation security system? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
How do the objectives and approaches set forth in the aviation
security strategy and mode-specific plans align with
budgetary decision-making and
resource availability? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
List of Figures
Figure 1. Aviation Security Threat Sources, Tactics, and Targets . . . . . . . . . . . . . 8

National Aviation Security Policy, Strategy,
and Mode-Specific Plans: Background
and Considerations for Congress
Background
In the years preceding the terrorist attacks of September 11, 2001, the United
States lacked a comprehensive national policy and strategy for aviation security. The
United States approach to aviation security had largely been shaped by past events
such as the bombing of Pan Am flight 103 in December, 1988 and, at that time, was
undergoing a reactive shift in strategy, placing emphasis on addressing the threat of
aircraft bombings aboard commercial airliners, albeit with limited resources and a
much slower time frame compared to actions taken following the terrorist attacks of
September 11, 2001.
In April 2001, the Federal Aviation Administration issued a strategic plan for
civil aviation security titled “A Commitment to Security.” The vision was for the
FAA and the U.S. aviation security system to be “[r]ecognized as the world leader
in civil aviation security — identifying and countering aviation-related threats to U.S.
citizens worldwide.”1 The strategic goal stated in the plan was to let “[n]o successful
attacks against U.S. civil aviation” occur.2 In comparison to the breadth and depth
of the post-9/11 focus on aviation security, the desired key results stated in this
document in retrospect seem quite modest and the goal tragically unattained. The
pre-9/11 strategic plan sought to improve on checked baggage and checkpoint
screening performance and utilize a combination of explosives detection system
(EDS) screening and positive passenger baggage match (PPBM) techniques to vet
100% of checked baggage. In addition to improving technical capabilities to detect
explosives in checked baggage, strategies identified by the FAA included
! establishing security screening operations and training standards
which, at that time, did not exist;
! ensuring Federal Air Marshals were available to protect selected
high-risk flight, although their numbers had dwindled to 33 at the
time of the 9/11 hijackings;3
1 Federal Aviation Administration, A Commitment to Security, Civil Aviation Strategic Plan
2001-2004
, April 2001, p. 3.
2 Ibid., p. 11.
3 National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission
Report
(Authorized Edition), New York, NY: W.W. Norton & Company , p. 85.

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! ensuring that certified explosives canine teams were available at
major U.S. airports; and
! ensuring preparedness and crisis management to respond to incidents
that may occur.
The FAA Civil Aviation Security Strategic Plan also sought to improve air
cargo security, primarily to reduce transport of dangerous goods, a likely response to
the concerns over the transport of dangerous goods highlighted by the May 11, 1996
crash of Valujet flight 592 in the Florida Everglades. The strategic plan sought to
achieve this objective largely through industry training and education and targeted
inspections of dangerous goods transportation areas. Despite the emphasis on
preventing aircraft bombs carried in passenger luggage, the potential threat of a bomb
placed in air cargo was not mentioned in the strategic plan. Also, while the strategic
plan addressed internal FAA security, the emphasis of this strategic element was on
handling and protection of sensitive information and maintaining up-to-date
background checks and clearances for employees in security-sensitive positions.
While the strategic plan did identify the completion of facility security assessments
and the protection of information systems among key results sought, it did not convey
any insight regarding the potential threats and vulnerabilities of air traffic facilities
to physical attack or FAA information systems to physical or cyber-attack.
The FAA’s pre-9/11 strategic plan also identified several key results regarding
external relationships including improved communications with Congress, the
aviation industry, foreign governments, the Office of Management and Budget
(OMB), and the Department of Transportation, Office of Inspector General (DOT
OIG). The strategic plan, however did not specifically address relationships with
federal law enforcement agencies and the intelligence community, factors that
became a central focus of post-9/11 homeland security policy debate. The strategic
plan also did not address relationships and coordination with the military for incident
response, a major deficiency in the FAA’s response to the hijackings on September
11, 2001, and an area of considerable focus during post-9/11 strategic planning.
While the FAA strategic plan for aviation security failed to adequately consider
all security risks, the 9/11 Commission concluded that the terrorist attacks of
September 11, 2001, revealed failures in imagination, policy, capabilities, and
management both on the part of the FAA and the U.S. intelligence community.
Although the brunt of the criticism levied by the 9/11 Commission was directed at
the U.S. intelligence community, it faulted the FAA for focusing too heavily on the
threat of bombings and for not involving the FAA’s civil aviation security
intelligence functions in the FAA’s policymaking process. The 9/11 Commission
pointed out that the suicide hijacking threat was imaginable, and was, in fact,
imagined by FAA Civil Aviation Security intelligence analysts in 1999, but largely
dismissed as being unlikely.4 The 9/11 Commission faulted Congress as well for
becoming entrenched in debate over airline passenger service issues while failing to
focus attention and resources on the terrorist threat to the aviation system. The FAA
Civil Aviation Security Strategic Plan released in April 2001serves as evidence that
the FAA did not create a comprehensive strategy for protecting the aviation domain
4 Ibid., p. 345.

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from the full spectrum of terrorist threats, and did not effectively prioritize and
allocate resources for reducing the vulnerability of the aviation system to possible
terrorist attacks.
Immediately following the terrorist attacks of September 11, 2001, aviation
security policy and strategy debate were closely linked to the legislative process
leading to the swift passage of the Aviation and Transportation Security Act (ATSA,
P.L. 107-71). With regard to strategy and policy, ATSA gave the newly created
position of Undersecretary of Transportation for Security (now known as the TSA
Administrator) specific authority and responsibility for assessing threats to
transportation and developing policies, strategies, and plans for dealing with these
threats to transportation security.5 However, the primary emphasis of ATSA was on
the security of passenger airline operations, and the immediate focus of the TSA was
to meet congressionally established requirements and deadlines for the deployment
of air marshals, the federalization of airport security screeners, and 100% explosives
detection system (EDS) screening of checked baggage. While the importance of
establishing comprehensive policy and strategy for aviation security was recognized
by many policymakers, a strategic plan for protecting the aviation domain was slow
to take shape.
In 2002, as these mandates for enhancing passenger airline security set forth in
ATSA were being carried out, and while Congress debated legislation to establish the
Department of Homeland Security (DHS), the Bush Administration began examining
U.S. policies for protecting the homeland against future terrorist attacks in a broader
context, considering other infrastructure and assets beyond the aviation domain that
may be at risk. In July 2002, the President issued the National Strategy for Homeland
Security and in February 2003, the President issued the National Strategy for the
Physical Protection of Critical Infrastructures and Key Assets. However, neither of
these strategies offered specific details on aviation security strategy, nor did they
specify how aviation security plans and programs fit into these broader strategies for
protecting the homeland and its critical infrastructure and key resources (CI/KR)
from terrorist attacks.
On July 22, 2004, the 9/11Commission released its final report, concluding that
the TSA had failed to develop an integrated strategic plan for the overall
transportation sector and specific plans for each of the transportation modes. The
9/11 Commission recommended that the U.S. strategy for transportation security
should be predicated on a risk-based prioritization for allocating limited resources to
protect transportation infrastructure in a cost-effective manner, assigning roles and
responsibilities for federal, state, regional and local authorities as well as private
stakeholders.6 Following the release of the 9/11 Commission’s final report, Congress
made addressing the recommendations of the report a key legislative priority,
reflecting many of the commission’s recommendations in the Intelligence Reform
and Terrorism Prevention Act of 2004 (P.L. 108-458) which was enacted on
December 17, 2004. The act specifically required the DHS to develop, prepare,
5 See Title 49 U.S.C. § 114.
6 National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission
Report
, p. 391.

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implement, and keep up-to-date a comprehensive national strategy for transportation
security and mode-specific security plans. Reflecting 9/11 Commission
recommendation language, the act required the strategy to assign risk-based priorities
and realistic deadlines for implementing practical and cost-effective defenses against
security threats, setting forth agreed upon roles and missions for federal, state,
regional, and local authorities and mechanisms for private sector cooperation and
participation.
Under the requirements established in the act, the National Strategy for
Transportation Security was to be accompanied by mode-specific security plans,
including an aviation mode-specific plan. The modal security plan for aviation was
required to include a threat matrix outlining each threat to the United States civil
aviation system and the corresponding layers of security in place to address these
threats and a plan for mitigation and reconstitution of the aviation system in the event
of a terrorist attack. While the act required that the first iteration of the strategy be
transmitted to the congressional homeland security authorizing committees7 by April
2005, the strategy document was delivered in September 2005. As required by law,
updates to the strategy and the mode-specific plans must be transmitted to Congress
every two years. These strategy documents have been designated as security
sensitive information as provided for in the act. Consequently, they have had limited
distribution beyond the DHS and the homeland security authorizing committees in
Congress. Therefore, there has not been extensive public discourse on the DHS
approach to developing a national strategy for transportation security and strategies
and plans specific to protecting the aviation mode from future terrorist attacks.
However, in June 2006, President Bush issued policy guidance directing the
DHS to establish and implement a national strategy for aviation security and a series
of supporting plans for implementing this strategy.8 Unlike prior strategies and plans
that had either been too broad in scope to provide detailed information regarding
aviation-specific security strategies or were limited in distribution, the policy,
strategy, and supporting plans developed under this Presidential directive have been
made available to the public, thus offering insight into the strategic direction and
approach to aviation security being pursued by the DHS in coordination with other
federal agencies. These documents are also much more comprehensive in their
consideration of security in the aviation domain compared to prior strategy
documents and therefore provide a more thorough picture of U.S. policy and strategy
for mitigating threats involving aviation. This report examines the current National
Aviation Security Policy, the National Strategy for Aviation Security, and formal
mode-specific plans developed for implementing this strategic approach. This report
also identifies and discusses some overarching considerations for congressional
oversight and possible legislative action regarding the U.S. policy and strategy for
securing the aviation domain.
7 At present, the congressional committees having primary jurisdiction over the Department
of Homeland Security are the House Committee on Homeland Security and the Senate
Committee on Homeland Security and Governmental Affairs.
8 President George W. Bush, National Security Presidential Directive/NSPD-47, Homeland
Security Presidential Directive/HSPD-16, Subject: Aviation Security Policy
, Washington,
DC: The White House, June 20, 2006.

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National Aviation Security Policy
The National Aviation Security Policy represents the overarching aviation-
specific components of The National Strategy for Homeland Security. That strategy
specifies that the Department of Homeland Security (DHS) will serve as the focal
entity for managing and coordinating border and transportation security initiatives “...
to prevent the entry of terrorists and the instruments of terror, while facilitating the
legal flow of people, goods, and services on which our economy depends.”9 The
policy, however, addresses a broader spectrum of threats to the air domain that
include not only specific threats to the homeland, but also threats to national security
interests both within the United States and abroad. Therefore, in addition to the
overall responsibility for homeland security and aviation security for which the DHS
and the TSA are directly responsible, the National Aviation Security Policy also
involves matters concerning the Department of Defense, the Department of State, the
Department of Justice, and a variety of other federal, state, and local agencies and
private entities, and relies on close coordination with and continued cooperation from
other nations.
On June 20, 2006, President Bush issued Homeland Security Presidential
Directive 16 (HSPD-16/ National Security Presidential Directive 47 (NSPD-47))
establishing new U.S. policy, guidelines, and implementation of actions to address
threats to the air domain. The document broadly defines the air domain as the global
airspace and all aircraft operating within that airspace including both manned and
unmanned vehicles, as well as all people and goods being transported by such
aircraft, and all supporting aviation infrastructure.
The policy objectives set forth in HSPD-16 endeavor to prevent terrorist acts and
other hostile actions either directed at or exploiting elements of the aviation domain
while also minimizing the impact on air commerce and fostering the economic
growth and stability of the aviation industry. The statement of policy notes that:
[t]he United States must continue to use the full range of its assets
and capabilities to prevent the Air Domain from being used by
terrorists, criminals, and other hostile states to commit acts of
terrorism and other unlawful or hostile acts against the United States,
its people, property, territory, and allies and friends, all while
minimizing the impact on the Aviation Transportation System and
continuing to facilitate the free flow and growth of trade and
commerce in the Air Domain. These efforts are critical to the global
stability and economic growth and are vital to the interests of the
United States.10
9 White House Office of Homeland Security, National Strategy for Aviation Security, July
2002, p. 22.
10 President George W. Bush, National Security Presidential Directive/NSPD-47, Homeland
Security Presidential Directive/HSPD-16, Subject: Aviation Security Policy
, Washington,
DC: The White House, June 20, 2006, p. 3.

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The stated policy specifies that the United States, in cooperation with international
partners, will take all necessary and appropriate actions, consistent with applicable
laws, statutes, and international agreements, to enhance the security and protect the
United States and U.S. interests in the air domain. The implementation of this policy
is to be consistent with a risk-based prioritization of aviation security strategies and
tactics. Activities to support this policy objective specifically cited in this directive
include
! protecting critical transportation networks and infrastructure from
terrorist attacks and other hostile, criminal, and unlawful acts and
reducing the vulnerability of the air domain to these types of
possible attacks or exploitation;
! improving situational awareness of security issues affecting the air
domain and facilitating and enhancing information sharing to
improve detection of threats and appropriate responsive actions;
! ensuring seamless, coordinated efforts relating to aviation security
among federal, state, tribal, and local agencies and authorities;
! enhancing the resilience of the air transportation system to a terrorist
attack, including the capability to rapidly recover from such an
attack and minimize impacts on economic, transportation, social,
and governmental systems;
! countering the proliferation of standoff weapons, such as shoulder-
fired missiles, that pose significant risks to both civilian and military
users of the air domain by terrorists, criminals, and other hostile
groups and individuals; and
! enhancing international relationships and promoting the integration
of other nations and private sector partners in an improved global
aviation security framework.
Implementation of this policy is to be coordinated through the President’s Homeland
Security Council (HSC) Border and Transportation Security Policy Coordination
Committee (BTS PCC). The policy established a requirement for the Secretary of
Homeland Security to develop an overarching national strategy for aviation security
and supporting plans to carry out this strategy.
The National Strategy for Aviation Security
HSPD-16 directed the Department of Homeland Security to implement this policy
through the creation of an overarching national strategy for aviation security. The
directive explicitly called for the development of a national strategy for aviation
security that is adaptive to changing threat levels and types of threats, and it is rooted
in a risk-based, multi-disciplinary, and global approach to aviation security. The
directive required that the national strategy, along with its supporting plans, include,
at a minimum, risk-based approaches to address the following threats:
! attacks using aircraft against ground-based targets, including
possible attacks using aircraft to deliver or transport chemical,
biological, radiological, nuclear, or explosive (CBRNE) weapons;

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! attacks using stand-off weapons, such as shoulder-fired missiles or
other man-portable air defense systems (MANPADS);
! attacks using on-board explosive devices and other conventional and
non-conventional weapons to directly target aircraft;
! hijackings and air piracy; and
! physical attacks or cyber-attacks on aviation critical infrastructure
and facilities, such as air traffic control facilities and networks and
navigation systems.
The directive also identifies several specific action items to be addressed in
supporting mode-specific plans to implement the national strategy for aviation
security. The required plans include
! the Aviation Transportation System Security Plan;
! the Aviation Operational Threat Response Plan;
! the Aviation Transportation System Recovery Plan;
! the Air Domain Surveillance and Intelligence Integration Plan;
! the International Aviation Threat Reduction Plan;
! the Domestic Outreach Plan; and
! the International Outreach Plan.
The National Strategy for Aviation Security, along with several of these
supporting plans (except for the Aviation Transportation System Recovery Plan
which is still undergoing internal review within DHS and the International Aviation
Threat Reduction Plan), was publically released on March 26, 2007.
Threats to Aviation
The National Strategy for Aviation Security identifies three origins or sources
of threats to the air domain: terrorist groups, hostile nation-states, and criminals. The
strategy document points out that while physical attacks from terrorist groups pose
the most prominent threat, terrorists may also use criminal tactics to move operatives,
weapons, explosives or possibly weapons of mass destruction (WMDs) through the
aviation system. The strategy notes that “[s]uch threats are particularly worrisome
in areas of the world where governments are weak or provide safe haven to
terrorists.”11 Further, hostile-nation states may directly sponsor international
terrorism directed against aviation by providing funding, training, weapons,
explosives, supplies, and other material support to carry out attacks against the air
domain. Also, the presence of criminal elements with extensive knowledge of the
aviation sector, both within the United States and in foreign countries, pose a
persistent threat to aviation and could provide potentially violent domestic groups or
international terrorists with specific capabilities to exploit weaknesses in aviation
security. Therefore, these three threat origins or sources cannot be viewed as being
mutually exclusive, as they may combine in various forms to carry out attacks either
directly against aviation assets or by exploiting elements of the air domain to prepare
for or carry out attacks against the homeland or U.S. interests abroad.
11 U.S. Department of Homeland Security, The National Strategy for Aviation Security,
March 26, 2007, p. 9.

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The strategy document defines three primary categories of threats against the
aviation domain based on the target of the threat. These consist of: threats involving
aircraft; threats to aviation infrastructure; and threats involving hostile exploitation
of air cargo. A variety of tactics may be used to attack these targets, including
hijackings, bombings, shootings, and criminal tactics such as smuggling of persons
and weapons. A synopsis of the relationships between threat origins or sources,
aviation targets, and tactics for attacking these aviation targets is presented in Figure
1
.
Figure 1. Aviation Security Threat Sources, Tactics, and Targets
Threat Sources
Tactics
Targets
Aircraft
Hostile
Large Passenger Aircraft
Nation-
Hijackings
States
Large All-Cargo Aircraft
Bombings
Small Aircraft
Non-Traditional Aircraft
Terrorists
Shootings
Aviation Transportation
System Infrastructure
Smuggling/
Conveyance
Criminal
Exploitation of Air Cargo
Elements
Cargo Crimes
(Contraband,
Theft, Etc.)
Source: CRS analysis of The National Strategy for Aviation Security, Department of Homeland
Security, March 26, 2007.
Aircraft-related Threats. Aircraft threats may be directed at aircraft or may
involve the use of aircraft to attack other targets, as was the case in the terrorist
attacks of September 11, 2001. The strategy document notes that large passenger
aircraft have historically been at the greatest risk from terrorist attacks, including
both hijackings and bombings, because terrorists have perceived that attacks against
such aircraft have significant potential to cause catastrophic damage and mass
casualties and disrupt the aviation system. The document, however, notes that
terrorists may also seek to attack all-cargo aircraft, especially large all-cargo aircraft
which are considered attractive as weapons to attack ground-based targets in 9/11-
style attacks. All-cargo aircraft, and the air cargo system in general, may also be
attractive to terrorists or criminals as a means of conveyance for weapons,
explosives, or other supplies. The strategy considers large transport aircraft, both
passenger airliners and to a lesser extent all-cargo aircraft, to be at risk from possible
attacks using shoulder-fired guided missiles or other standoff weapons.
The strategy also indicates that small aircraft face both the threat of direct attack
as well as the threat that they may be used as weapons to attack ground-targets.
While the strategy notes that small aircraft appear to be relatively unattractive targets

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for attacks by themselves because they carry few passengers, it cautions that terrorists
may use a wide variety of small aircraft, such as business jets and helicopters, to
destroy ground-targets, especially critical assets and infrastructure. The most
formidable threat comes from the potential use of small aircraft to either transport or
deliver a WMD payload. The strategy also notes that small aircraft are also used by
transnational criminal elements to carry out illegal activities, such as drugs and
weapons smuggling, and pose a considerable challenge for border protection.
Finally, the strategy recognizes that non-traditional aircraft, such as unmanned
aircraft, ultra-lights, and aerial-application aircraft (i.e., crop dusters), may be used
as either weapons or means of conveyance for WMDs. The strategy states that
terrorists may employ such aircraft for missions that are limited in range, require
limited accuracy, and have a specific and small target. For example, crop dusting
aircraft have been regarded as a potential threat for dispersing a chemical or
biological agent. The strategy notes that such tactics deserve very close monitoring.
The strategy also briefly notes the potential threat to the air domain posed by
hostile nation-states from military aircraft and missiles. However, these threats are
mainly a concern for national defense and the Department of Defense (DoD), rather
than a focus for homeland security, and thus have not been a major focus of the
aviation security strategy and its supporting plans. This threat is, therefore, not
further considered in this discussion.
Threats to Aviation Infrastructure. The strategy maintains that reported
threats to aviation infrastructure, including airports and air navigation facilities are
relatively few. The strategy notes that air navigation facilities, in particular, have a
low public profile and are resilient to attack due to a robust multilayered design that
can be quickly reconstituted thus limiting psychological and economic impacts
stemming from an attack. The strategy, however, notes that there is a wide variety
of potential threats to aviation infrastructure. The strategy notes in particular the
potential threat to concentrations of individuals at major airport passenger terminals.
Terrorists may attack passenger terminal buildings with explosives, as was attempted
at Glasgow International Airport, Scotland in June 2007 and in several other
historical incidents.12
The strategy concludes that attacks against other facets of aviation
infrastructure, such as general aviation airports and air cargo handling areas, are less
likely to materialize, largely because attacks against these facilities would generally
not offer the opportunity to target large numbers of people and would therefore have
a more limited psychological impact. The strategy, however, was released a few
months before U.S. law enforcement authorities arrested members of a suspected
homegrown terrorist cell who were plotting to bomb jet fuel storage tanks at New
York’s John F. Kennedy International Airport (JFK) and the network of jet fuel
distribution pipelines in the New York City area. While the actual vulnerability of
this infrastructure to such an attack remains debatable, the plot highlighted the
12 See Ariel Merari, “Attacks on Civil Aviation: Trends and Lessons,” in Paul Wilkinson and
Brian M. Jenkins (Eds.), Aviation Terrorism and Security, Portland, OR: Frank Cass, 1999,
for an overview of historical incidents.

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possibility that aviation jet fuel storage facilities and distribution systems at major
U.S. airports may be at risk. While the sophistication of this particular plot has been
questioned,13 in general, the potential threat to fuel farms and pipelines and other
critical aviation infrastructure — where an attack could have a dramatic effect
capturing public attention and potentially disrupting the aviation system on a large
scale — may deserve further attention from policy makers and aviation security
strategists.
Threats Involving Exploitation of Air Cargo. The strategy recognizes that
the large scale, diversity, and complexity of the air cargo industry makes it potentially
vulnerable to exploitation by terrorists. The strategy, however, concludes that post-
9/11 actions to enhance air cargo security have been effective in reducing the threat
of stowaways aboard air freighters that could carry out a 9/11-style suicide hijacking
and the threat of explosives. Nonetheless, the strategy recognizes that the enhanced
regulatory framework for air cargo security14 is not immune to exploitation, and the
air cargo system, in general, has been exploited for years by criminal elements. In
addition to possible threats to all-cargo aircraft noted above, the threat of terrorist
infiltration of air cargo handling operations and facilities remains a threat that could
lead to exploitation of the air cargo system as a means of conveyance for terrorist
operatives, and conventional weapons, WMDs, explosives, weapon components, and
other terrorist items. While not discussed specifically by the strategy, it should be
noted that all sorts of criminal activities, possibly including cargo-related crimes in
the aviation domain, could provide revenue sources to support terrorist organizations.
Risk-Based Methodology
The U.S. National Strategy for Aviation Security is predicated on a risk-based,
multi-disciplinary, and global approach to ensure that resources allocated at the
federal, state, and local levels and by private sector aviation interests provide the
greatest potential to detect, deter, and prevent attacks against aviation and mitigate
the consequences if an attack does occur. This risk-based approach or methodology
is described in detail in the National Infrastructure Protection Plan (NIPP) and the
NIPP Transportation Sector Specific Plan (TSSP) which were made available to the
public in May 2007.15 In general, the NIPP serves to define the unifying structure
through a common framework for identifying critical assets, conducting risk
assessments, and developing and implementing risk reduction and mitigation
initiatives based on the results of these assessments.16 The TSSP applies this risk-
13 See especially, Bruce Schneier, “Portrait of the Modern Terrorist as an Idiot,” Wired, June
14, 2007.
14 See 71 FR 30510 et seq., May 26, 2006.
15 Department of Homeland Security, Transportation Systems: Critical Infrastructure and
Key Resources Sector-Specific Plan As Input to the National Infrastructure Protection Plan
,
May 2007: Arlington, VA.
16 For further discussion of the NIPP and general risk management strategies for critical
infrastructure protection, see CRS Report RL32561, Risk Management and Critical
Infrastructure Protection: Assessing, Integrating, and Managing Threats, Vulnerabilities,

(continued...)

CRS-11
based framework across the entire transportation sector, including the aviation
domain.
The system-based risk-management framework outlined in the TSSP describes
risk as a function of threat, vulnerability, and potential consequences, and it analyses
security risk by taking into account all three of these factors. The transportation
sector approach to risk management adheres to an underlying vision for risk-based
decision making that seeks to establish a balance between security and freedom. The
goals outlined in the TSSP include
! preventing and deterring terrorist acts against transportation systems;
! enhancing the resilience (i.e., the ability to absorb damage without
catastrophic failure) of the U.S. transportation system; and
! improving the cost-effective use of resources allocated to
transportation security.
The risk-based methodology seeks to achieve these three overarching goals by
prioritizing resources based on risk. This approach seeks to involve extensive
participation from global, state and local, and private sector entities with specific
domain expertise. It also is intended to rely on inputs from the intelligence
community, expert judgment, and futures analysis related to the impact or
consequences of various threat scenarios.
A wide variety of risk-based transportation sector security assessment tools have
been developed to assist security strategists and planners. These consist of self-
assessment tools and government site evaluations, reviews, and analytic tools
examining either risk as a whole, or specific risk subcomponents including threat,
vulnerability, and consequence. Some specific tools being implemented to assess
risk in the aviation domain include government facilitated site assistance visits and
comprehensive reviews, web-based Vulnerability Identification Self Assessment Tool
(VISAT) modules for airports that are currently under development, and the FAA’s
Information Systems Security Program (ISSP) for air traffic control systems and
related functions. Communication and dissemination of this information to sector
stakeholders is seen as a critical component of the risk-based strategy.
Strategic Objectives
Relying on the risk-based approach, the National Strategy for Aviation Security
identifies five strategic objectives to guide aviation security activities. These include
! deterring and preventing terrorist attacks and criminal or hostile acts
in the air domain;
! protecting the homeland and United States interests in the air
domain;
! mitigating damage and expediting recovery if an attack against
aviation occurs;
16 (...continued)
and Consequences, by John Moteff.

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! minimizing the impact of an attack on the aviation system and the
broader U.S. economy; and
! actively engaging domestic and international partners.
According to the strategy for aviation security, terrorist attacks will be deterred
and prevented by maximizing shared awareness of domestic and international
airspace, aviation infrastructure, and individuals having access to the aviation system.
Therefore, the strategy seeks to establish a system of protection that considers not
only individual elements of the aviation system, but also their connections and
interdependencies.
While the principal goals of the strategy are to deter and prevent attacks, the
strategy also seeks to prepare for, and have in place, contingencies for mitigating
damage and expediting recovery. The strategy identifies a need for diverse and
flexible response options, for example, allowing for the selective restriction or
suspension of air traffic on local or regional levels as necessary and providing
decision makers with tools and resources to effectively close and reconstitute the
aviation system and take other appropriate steps to prevent further attack. In general,
the strategy seeks an overall approach to implementing security measures whose
normal operations will minimize impacts on the flow of goods and people through
the air transportation system while at the same time providing a high level of
protection tailored to the unique needs of the aviation sector.
Roles and Responsibilities
The complexity and scope of the global aviation transportation systems requires
cooperation among federal, state, and local government entities, international
agreements and cooperation, and the participation of various industry and other
private sector stakeholders to prevent, respond to, and recover from possible attacks
involving aviation assets. The leading and supporting roles and responsibilities of
these various entities are guided by existing laws and regulations particularly those
regarding the authority to act, desired outcomes or objectives, and the availability of
assets and capabilities to address aviation security needs or requirements.
At the highest levels of federal government (i.e., among cabinet-level
leadership), the Secretary of Homeland Security has responsibility for coordinating
national aviation security programs. In general, responsibilities of the Department
of Homeland Security (DHS) include risk analysis and reviews of aviation security
programs; coordination of aviation security law enforcement operations; border
protection including monitoring of cross-border aviation operations and inspections
and controls at all ports of entry including airports; coordinating efforts to assess and
prioritize security measures for critical infrastructure and key resources (CI/KR);
developing security technologies to protect against threats to aviation security such
as explosives, carry-on weapons, and shoulder-fired missiles; coordination of
aviation security measures and incident response; and information sharing to support
and improve the global aviation security network.
Within the DHS, the TSA has the statutory responsibility for security across all
modes of transportation, including aviation where it has extensive operational
responsibility for passenger airline security as well as strategic planning and

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regulatory responsibilities for all other aspects of security. The TSA collaborates
with Department of Transportation (DOT) entities, and in particular the Federal
Aviation Administration (FAA), on transportation and aviation infrastructure
protection and security issues. The TSA administers a variety of programs to support
aviation security, including the National Explosives Detection Canine Team program,
which trains and deploys canine teams for explosives detection in aviation and other
transportation modes; the Federal Flight Deck Officers Program which trains and
deputizes armed pilots to defend commercial airliner flight decks from hostile
actions; checkpoint and baggage screening carried out by TSA-employed
Transportation Security Officers (TSOs); the use of aviation security inspectors to
ensure regulatory compliance among aviation operators and related industries;
Federal Air Marshals (FAMS), and the explosives operations division to respond to
potential explosives threats. Additionally, the TSA maintains an intelligence
function to coordinate and provide notice regarding threats to transportation, vetting
passengers and aircrews, foreign students seeking flight training in the United States,
airport workers, and other populations that may pose a threat to aviation or
transportation security. During a national emergency, the TSA has the responsibility
of coordinating transportation security-related responsibilities and activities of other
departments and agencies in all modes, including aviation.
The TSA Office of Intelligence (OI) plays a central role in the transportation
threat assessment process. It is the only federal entity focused solely on
transportation and aviation security threat assessment. As such, it has developed a
wide range of threat assessment products, based on analysis of intelligence
information provided by the National Counterterrorism Center (NCTC) and other
components of the intelligence community. These include a transportation
intelligence gazette; comprehensive transportation-related threat assessments; annual
modal threat assessments for all transportation modes including aviation; special
threat assessments of specific events; weekly intelligence reports; suspicious incident
reports; intelligence notes on transportation-related terrorist trends, incidents, and
tactics; and transportation situational awareness notes on notable transportation-
related terrorist information.
While the TSA has broad authority and responsibility for both domestic and
international aviation and other transportation modes, Customs and Border Protection
(CBP) has a specific primary mission of preventing terrorists and terrorist weapons
from entering the United States. CBP also provides radar tracking and monitoring
to support the FAA and the Department of Defense in protecting airspace around
Washington, DC and throughout the continental United States. The United States
Coast Guard (USCG) conducts aviation operations for national defense, law
enforcement, and national security, including the specific mission of providing aerial
patrols and aircraft interdiction in the National Capital Region around Washington,
DC. The Department of Defense (DoD) is, however, ultimately responsible for
deterring, defending against, and if necessary, defeating aviation threats within the
United States and to U.S. interests globally. To meet this mission, the DoD operates
as part of the North American Aerospace Defense Command (NORAD) to monitor,
deter, and detect potentially hostile actions. The DoD also maintains a capability to
respond to aerial threats by keeping significant numbers of fighter aircraft on alert,
carrying out airborne fighter patrols over the homeland, and deploying ground-based
missile defense systems around Washington, DC and other areas as warranted.

CRS-14
Whereas the DoD has responsibility for airborne threats, potential criminal and
terror threats to aviation by individuals or groups of individuals is primarily the
responsibility of the law enforcement arm of the Department of Justice (DOJ), the
Federal Bureau of Investigation (FBI). The FBI’s Civil Aviation Security Program
(CASP) and counterterrorism units have been involved extensively in efforts to
uncover and prevent terrorist operations to attack or exploit civil aviation in the
United States. The FBI has deployed over 500 airport liaison agents (ALAs) to about
450 airports with commercial passenger service to respond to aviation-related
incidents and threats and participate in vulnerability assessments and planning at the
airport level of analysis.
There are a myriad of other agencies and organizations that play important roles
in operational aviation security. The DHS Science and Technology (S&T)
Directorate maintains research and development programs to enhance aviation
security, especially to address explosives threats and threats to aircraft from shoulder-
fired missiles. Additionally, the multi-agency Joint Planning and Development
Office (JPDO) has responsibility for designing and overseeing the implementation
of the future air transportation system, including its security components. However,
the degree to which the JPDO plans for future aviation security systems are integrated
with DHS aviation security technology initiatives has not been fully assessed at this
point.
In addition to these efforts, the Department of State has overall responsibility
for outreach and coordination with foreign governments to enhance cooperation in
improving aviation security. Ongoing State Department efforts includes initiatives
to improve data sharing for advance passenger prescreening, and programs to reduce
stockpiles of standoff weapons, including shoulder-fired missiles, which pose a threat
to civil aircraft. Also, the Department of Commerce plays a role in international
trade negotiations and by developing U.S. policy and regulation regarding aviation
trade an security issues, while the DOT, in coordination with the Department of
State, negotiates international agreements regarding airline and other commercial
aviation activities. Additionally, the intelligence community, coordinated through
the Office of the Director of National Intelligence (ODNI) plays an important role in
assimilating and assessing intelligence — collected through signals interception
(SIGINT), imagery (IMGINT), and human collection (HUMINT) — on threats
exploiting aviation security measures. Additionally, other DHS components,
including the Federal Emergency Management Agency (FEMA), the Domestic
Nuclear Detection Office (DNDO), and the Office of Infrastructure Protection (OIP)
have various responsibilities related to infrastructure protection and critical incident
response in the aviation domain. Also, the Department of Energy provides scientific
and technical expertise regarding nuclear weapons, radiation detection capabilities
at airports to detect possible nuclear weapons or radiological materials, and
coordinating response to any radiological contamination resulting from a possible
nuclear or radiological attack.
In addition to the federal role, a variety of industry advisory groups have been
established to provide insight and recommendations for guiding transportation
security policy and practice. Most notably, the Aviation Security Advisory
Committee (ASAC) exists to support the TSA by providing advice and developing

CRS-15
recommendations for improving aviation security methods, equipment, and
procedures. The ASAC has been in existence since before September 11, 2001 and
advised the FAA on aviation security matters, and has continued in this role, now
supporting the TSA in its role as the lead federal agency for aviation security issues.
Also, the National Research Council (NRC) and the Transportation Research Board
(TRB), components of the National Academies, provide venues for information
sharing and analysis of transportation security policies and practices among
researchers, practitioners, and other subject matter experts. Additionally, airports,
airlines, and other aviation industry stakeholders as well as state and local security
and law enforcement entities play an important role in shaping and carrying out the
national aviation security policy and strategy, largely by working in cooperation and
coordination with the TSA to design and execute aviation mode-specific security
plans.
Aviation Mode-Specific Plans
The DHS had developed a suite of aviation mode-specific plans that serve as a
general framework for implementing the national strategy for aviation security under
normal operating conditions, in response to an eminent threat or ongoing terrorist
attack involving the aviation domain, and during recovery and reconstitution of
aviation system functions and services following a potential attack.17 Specifically, the
Aviation Transportation System Security Plan most directly addresses the day-to-day
security measures and programs to reduce the vulnerability of the air transportation
system to terrorist actions or other criminal acts. This plan is augmented by the Air
Domain Surveillance and Intelligence Integration Plan
which coordinates
intelligence gathering, analysis, and dissemination within the air domain. In addition,
the International Aviation Threat Reduction Plan and the International Outreach
Plan
provide a framework for working with other nations to improve the global
aviation security network with an emphasis on outreach to promote the
implementation of effective security practices worldwide.
Upon recognition that a terrorist or criminal attack targeting or exploiting
aviation assets was taking place, the Aviation Operational Threat Response Plan
would be activated. This plan considers specific actions and concepts of operations
for mitigating the consequences of a broad array of attack scenarios. This plan is
augmented by the Domestic Outreach Plan which considers the involvement and
coordination of state, local, and tribal government resources and private sector
entities in responding to such an event, focusing most specifically on strategies for
incident communications as well as the dissemination of threat information during
routine operations. An Aviation Transportation System Recovery Plan is also being
developed by the DHS to facilitate rapid recovery following a possible terrorist attack
or similar disruption to the air transportation system. The goal of the recovery plan
is to mitigate the operational and economic impacts of such events on the aviation
system.
17 The supporting plans, along with the National Strategy for Aviation Security, can be
viewed at [http://www.dhs.gov/xprevprot/laws/gc_1173113497603.shtm].

CRS-16
Some Possible Issues for Congress
While the above discussed national policy and strategy for aviation security and
the supporting mode specific plans provide an important framework for structuring
aviation security measures in the United States, these documents themselves can
appropriately be viewed with a critical eye to identify any potential shortcomings in
underlying assumptions and approaches. In the process of congressional oversight
and legislative debate, specific questions regarding aviation security policy and
strategic approaches may arise. Some possible issues that may arise as the result of
oversight or legislative debate may include
! the validity of underlying risk assumptions made in developing the
aviation security policy, national strategy, and mode-specific plans;
! the adequacy of considerations regarding the sustainability of the
aviation security system and its various components;
! whether the policy and strategy are forward-looking, or rather, do
they perpetuate a reactive approach to security planning in the
aviation domain;
! the extent to which the policy and strategy provide a comprehensive
framework for developing and maintaining a robust aviation security
system; and
! the extent to which objectives and approaches outlined in the
national strategy align with budgetary processes and resource
availability to ensure that strategic objectives can be adequately met.
These possible issues are discussed in further depth below.
What is the validity of underlying risk assumptions?
Determining the validity of the various risk models and assumptions that have
been used to set aviation security policy and strategy is a difficult task. These risk
determinations have largely arisen from restricted access intelligence information and
other limited distribution sources, thus constraining the ability to engage in open
public discourse on the validity of their underlying evidence and assumptions.
Nonetheless, some critics have argued that these risk assumptions and resulting
policy and strategic decisions may be based on inaccurate and incomplete analysis.
For example, some have noted that federal intelligence and security agencies are
“inexperienced with and uninterested in statistics.”18 This has led some to argue that
the use of statistical techniques to study terrorism data is sorely needed, although it
has been questioned whether the federal government has necessary capability and
expertise to assess the reliability of available data, and use reliable methods to
perform statistical analyses.19 Instead, some have argued that “security agencies seem
to advance policies without any empirical basis”, relying instead on anecdotal
18 Zack Phillips, “A Feel for Numbers,” Government Executive, October 1, 2007, p.52.
19 Ibid., p. 54.

CRS-17
evidence, political pressures, or “gut feelings.”20 Such a basis for setting policy and
establishing strategies for homeland security and aviation security can result in
inappropriate estimates of risk — overstating the risk of certain scenarios while
underestimating the risk of others. While it appears that efforts are being made to
better document global terrorism incidents and perform statistical analyses to identify
risk trends, more comprehensive efforts to look specifically at risks to the aviation
domain may be needed to provide better guidance for developing and refining
aviation security policies and strategies. Congress may specifically examine DHS
efforts to employ reliable statistical tools and techniques to validate underlying risk
assumptions cited as the justification for pursuing certain courses of action to
implement aviation security policies and strategies.
To what extent do the contents of U.S. policy, national
strategy, and mode-specific plans for aviation security align
with recommendations of the 9/11 Commission, and statutory
requirements related to the implementation of those
recommendations?

Congress has relied heavily on the findings and recommendations of the 9/11
Commission in setting legislative priorities. The 9/11 Commission recommendations
provided a framework for consideration of legislation enacted in both in the 108th
Congress when the Commission’s final report was first released in 2004 (see P.L.
108-458), and during the first session of the 110th Congress in 2007 (P.L. 110-53).
With regard to aviation security, both the 9/11 Commission and subsequent
legislation have emphasized policies and strategies to aggressively pursue capabilities
to detect explosives on passengers, and pursue technologies to better screen
passengers and carry-on items for a broad array of threat objects.21 The Intelligence
Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) specified that the
DHS should give a high priority to checkpoint screening technologies for detecting
nonmetallic, chemical, biological, radiological, and explosives and directed the DHS
to develop a strategic plan for the deployment of explosives detection technologies
at checkpoints, such as walk-through explosive detection portals, document scanners,
shoe scanners, and backscatter x-ray scanners. The act authorized funding for the
development and testing of these various checkpoint screening technologies.
However, while the TSA has also recognized the importance of enhancing passenger
screening capabilities, progress has been slow in developing the required checkpoint
screening strategy and results of using these technologies in airport settings has been
mixed, prompting Congress to include language in the Implementing the 9/11
Commission Recommendations Act of 2007 P.L. 110-53) requiring the DHS to
finalize its checkpoint screening strategic plan and begin implementing it by the
summer of 2008.
20 Ibid., p. 54.
21 For this and other formal recommendations of the 9/11 Commission, see National
Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report.

CRS-18
Progress, however, has been slowed by technology hurdles including reliability
issues with walkthrough explosives trace detection portals deployed for field testing
and the failure of shoe explosives scanners tested on Registered Traveler program
participants in Orlando, Florida to meet minimum standards set by the TSA. The
TSA has also been faced with shifting technology strategies prompting them to
pursue liquids explosives screening technologies as well. The TSA has reported
good results in evaluations of highly sensitive handheld explosives trace detection
sensors that are now being field tested for screening carry-on liquids at passenger
checkpoints. While technology testing is progressing, a clear strategic picture of how
these emerging technologies will be deployed to upgrade and enhance screening
checkpoints is still needed. The recent mandate in P.L. 110-53 to develop and
implement such a strategy appears to address this need. However, further
congressional oversight of the TSA’s progress in implementing the strategic plan for
emerging checkpoint screening technologies may be scheduled to ensure that
appropriate and effective program and budgetary decisions are made to achieve
strategic goals.
The 9/11 Commission emphasized the need for the federal government to take
over the role of checking passenger names to allow for thorough vetting of
passengers against the comprehensive, consolidated terrorist watchlist maintained by
the federal government. While this objective has largely been accomplished by
Customs and Border Protection (CBP) for all inbound international flights, efforts
to deploy a system for federal prescreening of passengers on all domestic flights has
been repeatedly delayed amid continued controversy over privacy rights, protection
of personal data, and adequate procedures for redress when individuals are falsely
denied boarding or singled out for additional screening. While Congress has
generally concurred with the 9/11 Commission’s view that comprehensive passenger
prescreening against the consolidated watchlist is needed, Congress has also been
sensitive to these privacy rights, data protection, and redress concerns, and through
legislation has placed specific contingencies related to these issues on system
implementation, and has repeatedly directed the GAO to carefully scrutinize the
TSA’s progress in addressing specific requirements for full-scale system deployment.
Further congressional oversight of TSA’s progress toward implementing federally-
run passenger prescreening on domestic flights may be called for, as the strategic
plan indicates that implementation of this initiative is expected in 2008.
The 9/11 Commission also recommended that ongoing initiatives to integrate
checked baggage explosives detection systems (EDS) with airport baggage handling
systems should be expedited. Congress has placed an emphasis on funding airport
projects to integrate EDS in-line with baggage handling conveyors, establishing the
Aviation Security Capital Fund for this purpose as part of the Vision 100 - The
Century of Aviation Reauthorization Act (P.L. 108-176) in 2003. Nonetheless, the
GAO estimates that making the needed changes at all airports in the United States to
integrate EDS equipment will not be completed until 2024 if future funding remains
consistent with historic funding levels for thee activities.22 In recognition of this
22 U.S. Government Accountability Office, TSA Has Strengthened Efforts to Plan for the
Optimal Deployment of Checked Baggage Screening Systems but Funding Uncertainties

(continued...)

CRS-19
continuing funding need, Congress took the unusual step of including a 20-year
reauthorization of funding for in-line baggage system deployment, extending
authority for the Aviation Security Capital Fund and other funding mechanisms for
in-line EDS integration through 2028, and directed the TSA to take further steps to
prioritize airport EDS integration projects as part of the Implementing the 9/11
Commission Recommendations Act of 2007 (P.L. 110-53). Oversight of TSA
strategies and plans for funding airport projects related to EDS integration may be of
long-lasting interest for Congress given the size, scope, complexity, and cost of this
initiative.
In addition, the 9/11 Commission recommended that the TSA intensify efforts
to identify suspicious cargo, and appropriately screen and track potentially dangerous
cargo in aviation as well as in maritime operations. Toward this objective, the TSA
has issued regulations to increase the security of air cargo operations and has been
pursuing risk-based targeting capabilities to identify shipments requiring additional
scrutiny to direct physical screening resources toward elevated risk cargo with some
amount of random screening. Congress, however, has been pushing the TSA toward
increasing the amount of cargo destined for passenger aircraft that is screened, and
in 2007 passed legislation (see P.L. 110-53, Sec. 1602) that requires the TSA to
establish a system to screen 100% of cargo transported on passenger aircraft by the
summer of 2010. Unlike the requirement for 100% checked baggage screening
which was tied to a specific technology, namely EDS, the mandate for 100%
screening of cargo placed on passenger aircraft can be met using a variety of
approaches, including x-ray systems, EDS, trace detection technologies, canine
teams, and possibly other methods for physical examination as approved by the TSA.
To address this mandate and achieve 100% screening of cargo placed on passenger
airlines within the three-year time frame set forth in the legislation, the TSA will
need to move relatively swiftly in developing and implementing a strategy for cargo
screening. Given the continued congressional interest on the issue of air cargo
security, it is likely that extensive oversight of the TSA’s progress toward meeting
this mandate and effectively conducting air cargo screening operations will occur
over the next few years.
While the national strategy and mode-specific plans acknowledge and
emphasize passenger prescreening, checkpoint screening, in-line EDS integration,
and cargo screening issues, the extent to which DHS efforts on these matters align
with congressional views and legislative mandates remains a specific topic for
ongoing analysis and debate.
22 (...continued)
Remain, Statement of Cathleen A. Berrick, Director Homeland Security and Justice Issues,
Before the Subcommittee on Aviation, Committee on Transportation and Infrastructure,
House of Representatives, June 29, 2006, GAO-06-875T.

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Does the National Strategy for Aviation Security and its
supporting plans sufficiently consider the sustainability of
the aviation security system and its various components?

One seemingly unavoidable reality for aviation security strategists is that
continued growth in demand for air travel and for shipping goods by air is
anticipated. The FAA estimates that the number of airline passengers will increase
at an annual rate of about 3.4% domestically and about 4.7% for international flights
over the next twelve years.23 This anticipated growth could strain passenger and
baggage screening operations in the future if it is not adequately planned for.
Similarly, growth in air cargo volume is expected to increase at an average annual
rate of 3.5% domestically and by 6.7% on international routes through 2020.
Strategies and initiatives to enhance the security of air cargo operations and screen
air cargo shipments must, therefore, also consider these growth projections in
carrying out policies, strategies, and plans for enhancing air cargo security. Air
traffic is also expected to increase about 3.8% with a growth of about 3.7% in general
aviation operations expected. Airspace security strategies and approaches may need
to consider this growth in flight operations in devising effective security programs
and procedures for protecting airspace over areas considered critical for national
security.
It remains unclear, however, whether this anticipated growth in aviation
operations is being adequately planned for in the context of national strategies and
mode-specific plans for aviation security. The strategies indicate that they will
evolve with shifting threat and vulnerability characteristics on the basis of ongoing
risk assessments. However, the degree to which the changing nature, size, and scope
of aviation and air travel is being considered in these risk assessments remains a
signficant issue for policymakers and aviation security strategists.
With regard to the sustainability of aviation security technologies, specific
strategies for maintaining deployed technologies and phasing-in next generation
screening technologies have not yet been clearly defined. While plans for enhancing
aviation security under the comprehensive Next Generation Air Transportation
System (NGATS) initiative envision extensive improvements to aviation security by
2025, the roadmap to achieving these capabilities has not yet been fully defined.
According to the future concept of operations for aviation and airport security,
significant security transformations will include
! integrated dynamic risk management solutions;
! biometric technologies for airport access controls;
! smaller footprint, multi-threat detection capabilities for screening
passengers and baggage;
! network-enabled environmental sensors to detect and warn of
chemical, biological, radiological, nuclear, and explosives (CBRNE)
threats at airports;
23 FAA growth estimates are based on data provided in Federal Aviation Administration,
Aviation Policy and Plans, FAA Aerospace Forecasts, Fiscal Years 2007-2020.

CRS-21
! rapidly deployable, reconfigurable screening systems to meet
temporary and intermittent screening requirements;
! on-board aircraft safety modifications and ground-based systems and
procedures to protect flights from shoulder-fired missiles;
! network-centric information sharing capabilities for data mining and
decision support to aid security operations personnel and security
analysts; and
! capabilities to allow for CBRNE screening of all air cargo items not
packed in secured areas or securely conveyed to aircraft.24
While all of these objectives are reflected to some degree in the National Strategy for
Aviation Security and the supporting plans, Congress may have a particular interest
in how the strategic plan aligns with NGATS plans for enhancing aviation and airport
security over the next 18 to 20 years.
Is the national strategy for aviation security forward-looking,
or does it perpetuate a reactive approach to strategic
security planning in the aviation domain?

As previously noted, some experts have expressed concern that the DHS may
be relying too heavily on “gut feelings” and anecdotal evidence in pursuing certain
courses of action reflected in aviation policies, strategies, and plans. Similarly, some
have questioned whether the DHS and the TSA approach to aviation security has
taken on too much of a reactive stance, failing to strategically plan resource
allocation based on robust and thoughtful risk analysis, instead allowing high profile
events and media reaction to potentially influence decision making.
For example, using the TSA’s response to the foiled liquid explosives plot in
August 2006 by restricting carry-on liquids, some critics have argued that the
Administration is allowing single events and the media coverage and public attention
they generate to shape policy decisions.25 The TSA has defended its actions in
response to the liquid explosives threat, making available to the public
documentation and demonstrations of the formidable threat posed by improvised
liquid explosive devices. However, liquid explosives have long been known by
security experts to pose a formidable threat to aircraft, yet U.S. aviation policy and
strategy before this plot was uncovered had not included any specific near-term
measures to screen passengers for liquid explosives.
Critics argue that reacting to single events is near-sighted and goes against the
very purpose of developing strategies and plans in the first place, which is to be
proactive in assessing threats and directing resources to mitigate associated risks.
However, on the contrary, if strategies and underlying plans are to be adaptive, they
should be able to shift rapidly in response to changing threat characteristics and
changing threat levels. Reviewing the TSA response to the liquid explosives plot
24 Joint Planning and Development Office, Security Annex, Concept of Operations for the
Next Generation Air Transportation System (Version 2.0)
, June 13, 2007.
25 Zack Phillips, “One Hit Wonders,” Government Executive, October 30, 2006.

CRS-22
may provide more specific insights into whether this response was a reasonable
adaptive approach to mitigate unforseen risks or a case of taking immediate, and
arguably questionable, actions in an effort to restore and maintain public confidence
in aviation security. If it is determined that the TSA’s actions in response to the
liquid explosives plot represented a well thought out example of an evolving strategy
that can respond quickly and effectively to emerging threats, then perhaps additional
questions need to be asked regarding why the emerging threat of liquid explosives
was not foreseen prior to widespread public disclosure of information regarding the
failed liquid explosives plot in the United Kingdom. A more detailed examination
of the deliberations and decision-making regarding liquid explosives, both before and
after receiving knowledge of the foiled plot can perhaps provide unique insights and
“lessons learned” to aid security analysts and senior policy makers in developing
strategic and tactical decision making tools to improve upon the U.S. response to
future emerging threat situations.
Critics argue that the government must replace its practices of responding to
single threats with more systematic approaches for improving homeland security. A
lingering concern is that if aviation security policies and practices, and more broadly
homeland security policies and practices, remain too reactionary, terrorists may be
able to exploit this approach. Terrorist may be able to trigger reactionary responses
by providing misinformation about intended targets or attack methods. This may
lead to haphazard allocation or reallocation of resources that could be wasteful and
inefficient, and could even result in resources being moved in a manner that could
make the system more vulnerable to attack. In other words, terrorists may be able to
more easily exploit a reactionary approach to aviation security by using diversionary
tactics that may increase vulnerabilities in other areas or aspects of the air domain.
To what extent does the national strategy for aviation
security provide a comprehensive framework for
conceptualizing and implementing initiatives to develop and
maintain a robust aviation security system?

In 2004, the GAO issued recommendations regarding the desired characteristics
of national strategies to combat terrorism.26 The desired elements of such strategies
identified by the GAO included
! a purpose, scope, and methodology;
! a definition of the problem and an assessment of the associated risk;
! an identification of the goals and supporting or subordinate
objectives and activities to meet these goals, and performance
measure to evaluate progress toward achieving these goals;
! an identification of resources, costs, and a risk management analysis
to determine where resources and investments should be targeted;
26 U.S. Government Accountability Office, Combating Terrorism: Evaluation of Selected
Characteristics in National Strategies Related to Terrorism
, Statement of Randall A. Yim,
Director, Homeland Security and Justice Issues before the Subcommittee on National
Security, Emerging Threats, and International Relations, Committee on Government
Reform, U.S. House of Representatives, February 3, 2004, GAO-04-408T.

CRS-23
! a clear definition of organizational roles, responsibilities, and
coordination; and
! a discussion of how a particular strategy relates to other strategies
and how plans, activities, and objectives will be integrated to meet
the stated goals of the various related strategies.
While the GAO used these criteria to evaluate various national security,
homeland security, counterterrorism, and infrastructure protection strategies that had
been developed prior to 2004, the National Strategy for Aviation Security had not
been developed at that time and has not subsequently been evaluated against these
desired elements. At first glance, the aviation security strategy appears to contain or
address many of these desirable characteristics. Where the strategy and supporting
plans may be lacking, however, is in
! fully defining the methodology for evaluating risk and carrying out
the strategy;
! fully documenting associated cost estimates and resource
requirements;
! providing sufficient detail regarding roles, responsibility, and
coordination, particularly among non-federal entities that are
expected to participate in carrying out the various mode-specific
plans; and
! clearly indicating how the various components fit into the hierarchy
of national security, homeland security, and counterterrorism
strategies and plans and how the elements of these various plans may
be integrated both within and beyond the aviation domain.
Congress may seek to carry out a more detailed review of the National Strategy for
Aviation Security to specifically identify potential needs for more detail and
specificity with regard to addressing these, and perhaps other, key elements of the
strategy and supporting plans.
Additionally, one of the key required features of the national strategy for
aviation security is that it must be adaptive. Consequently, the national strategy and
its supporting plans and documents are likely to evolve over time to address changes
in threats, intelligence, terrorist tactics and capabilities, as well as new security
technologies and capabilities. It is also likely that the strategy and its supporting
plans will sometimes need to change quickly in the face of imminent threats.
Therefore, Congress may also have a particular interest in assessing the robustness
of the national strategy for aviation security and the capability of the underlying
aviation security system to adapt based on shifting risk dynamics.

CRS-24
How do the objectives and approaches set forth in the
aviation security strategy and mode-specific plans align with
budgetary decision-making and resource availability?

As a final consideration, Congress and the Administration may have a particular
interest in assessing how the national strategy and supporting plans align with
budgetary decisions and resource availability, particularly in the context of the annual
budget and appropriations process. This could be a key consideration as elements of
the current strategy call for some considerable expansion of the TSA’s roles and
responsibilities. For example, DHS objectives for the TSA to assume passenger
identification functions and carry out behavioral observation both at and beyond
airport screening checkpoints is likely to be human resource intensive and, therefore,
may need further scrutiny in the context of budget and resource prioritization. Also,
technology advancements for checkpoint, baggage, and cargo screening are also
being sought by both Congress and the Administration. Additionally, new and
proposed statutory requirements may also expand the functions of the TSA and other
federal agencies. For example, provisions in the Implementing the 9/11 Commission
Recommendations Act of 2007 (P.L. 110-53) require the swift phase-in of air cargo
inspections to achieve 100% inspections of all cargo carried on passenger air carrier
aircraft within three years. This mandate is likely to have significant cost and
resource implications not only for the federal government, but also for the airline
industry. Aligning this initiative with ongoing strategic plans for risk-based profiling
and targeting of cargo shipments and investment in cargo screening technologies is
likely to be a topic of considerable interest in the context of the federal budget
process over the next few years.
As part of the budget process, the TSA has prepared a Strategic Context
component of its Congressional Justification documents since the FY2007 budget
cycle. While these documents provide a general framework of key strategic issues
for the TSA, they adhere to a program level justification and analysis and do not
provide in-depth discussion of how specific programs and initiatives address specific
strategic issues and risk management practices. While these documents provide a
general framework for understanding TSA programs in the strategic context, they
may not provide sufficient detail regarding the methods used to set priorities and
how the various aviation security programs and initiatives being pursued align with
risk-based priorities.
As Congress proceeds with initiatives to oversee and possibly modify U.S.
approaches to aviation security, substantive issues relating to the contents of aviation
security policy, national strategy, and planning documents may be a considerable
focus of discussion and debate. While these documents will likely play an important
role as a general blueprint for guiding aviation security policy and strategy, it is also
likely that the U.S. approach to aviation security will need to continually evolve and
adapt to shifting threats and vulnerabilities. Addressing funding and resources to
address shifts in risk and security strategy may be an issue of considerable interest
in the context of future year budget planning and debate.