Aviation Security
Factors Could Limit the Effectiveness of the Transportation Security Administration's Efforts to Secure Aerial Advertising Operations
Gao ID: GAO-04-499R March 5, 2004
After the terrorist attacks of September 11, 2001, the Federal Aviation Administration (FAA) issued flight restrictions to prevent flights over certain areas, to include stadiums, in response to increased concerns about the threat posed by terrorists using aircraft as a weapon. Beginning in December 2001, FAA's Air Traffic Division Director of Air Traffic Services, and later the Transportation Security Administration (TSA), implemented processes to allow certain pilots and aircraft to operate over these events by waiving flight restrictions. However, in February 2003, Congress passed legislation that for 1 year prevented aerial advertising pilots from flying near stadium airspace during certain sporting events by suspending the waiver process. In January 2004, Congress passed legislation continuing this restriction indefinitely. In the event that the restriction on waivers for aerial advertising near stadiums is repealed, the House Appropriations Committee, Subcommittee on Homeland Security, asked that we (1) describe the results of FAA and TSA threat assessments conducted relevant to aerial advertising operations and (2) identify FAA's and TSA's processes for mitigating the identified threat, determine whether established processes were followed, and identify factors that may limit their effectiveness.
While TSA does not believe aerial advertising aircraft pose a significant threat, TSA's summary assessment of general aviation concluded that a variety of factors made general aviation vulnerable to terrorist attacks. TSA identified that these factors, as well as the ability of terrorist organizations such as al-Qaeda to adopt new and creative methods of attack, highlight the need for security of all operations using general aviation aircraft and airports, including aerial advertisers. To mitigate this threat, TSA plans to coordinate with an industry-led initiative to study security vulnerabilities associated with general aviation aircraft and also plans to issue a set of "best practices," or recommended guidelines to improve security at general aviation airports, as well as a self-assessment guide for general aviation airport managers to use. After assuming responsibility for processing waivers for aerial advertisers to fly over restricted stadium airspace from FAA, TSA began to strengthen and implement additional processes to enhance security, including strengthening background checks on aerial advertisers. Although we generally found documentation identifying that background checks were conducted, we identified certain factors that could limit the effectiveness of these checks. In addition, inconsistency in the manner in which information was collected to identify pilots and match them to the results of the checks conducted made it difficult to verify that the background checks were conducted as required. Further, FAA and TSA reported that they used additional processes to reduce the threat of aerial advertising operations. However, we found that these processes were not formalized in agency policies or procedures, and thereby, may not have been consistently applied. To address the factors we identified that could limit TSA's effectiveness to secure aerial advertising operations, we recommended that, in the event that waiver restrictions are repealed, the Administrator of TSA should determine whether more comprehensive background checks are warranted to further reduce the threat of aerial advertising operations; ensure that documents supporting waivers granted for temporary flight restrictions are systematically and fully maintained; and disseminate policies defining the process and procedures for issuing waivers, conducting background checks, and defining the circumstances under which TSA will take additional steps to ensure verification that pilots flying over restricted stadium airspace have been properly cleared.
GAO-04-499R, Aviation Security: Factors Could Limit the Effectiveness of the Transportation Security Administration's Efforts to Secure Aerial Advertising Operations
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March 5, 2004:
The Honorable Tom Ridge:
Secretary, Department of Homeland Security:
Subject: Aviation Security: Factors Could Limit the Effectiveness of
the Transportation Security Administration's Efforts to Secure Aerial
Advertising Operations:
Dear Mr. Secretary:
After the terrorist attacks of September 11, 2001, the Federal Aviation
Administration (FAA) issued flight restrictions to prevent flights over
certain areas, to include stadiums, in response to increased concerns
about the threat posed by terrorists using aircraft as a weapon. Larger
stadiums, some of which may house more than 100,000 fans for certain
events, may provide an attractive target for such a terrorist attack.
Beginning in December 2001, FAA's Air Traffic Division Director of Air
Traffic Services, and later the Transportation Security Administration
(TSA), implemented processes to allow certain pilots and aircraft to
operate over these events by waiving flight restrictions. However, in
February 2003, Congress passed legislation that for 1 year prevented
aerial advertising pilots[Footnote 1] from flying near stadium airspace
during certain sporting events by suspending the waiver process. In
January 2004, Congress passed legislation continuing this restriction
indefinitely.[Footnote 2]
In the event that the restriction on waivers for aerial advertising
near stadiums is repealed, the House Appropriations Committee,
Subcommittee on Homeland Security, asked that we (1) describe the
results of FAA and TSA threat assessments conducted relevant to aerial
advertising operations and (2) identify FAA's and TSA's processes for
mitigating the identified threat, determine whether established
processes were followed, and identify factors that may limit their
effectiveness. Due to TSA's concern that the public release of our
detailed findings could compromise aviation security, our report
detailing the results of our review is restricted. This letter is
intended to summarize our overall findings and confirm your agreement
to take action to address vulnerabilities and inefficiencies in the
background check process for aerial advertisers in the event that the
waiver restriction is repealed. Such actions could also improve the
quality of background checks for all general aviation pilots seeking
waivers of security-related flight restrictions.
To satisfy our objectives, we assessed FAA and TSA regulations,
policies, procedures, and documents related to issuing waivers to
flight restrictions and associated threat assessments. We also reviewed
a sample of waivers approved by TSA and issued by FAA to allow aerial
advertising pilots to fly over stadiums from September 2002 through
February 2003, and interviewed responsible FAA and TSA officials. We
conducted our work between November 2003 and February 2004 in
accordance with generally accepted government auditing standards.
Results in Brief:
While TSA does not believe aerial advertising aircraft pose a
significant threat, TSA's summary assessment of general
aviation[Footnote 3] concluded that a variety of factors made general
aviation vulnerable to terrorist attacks. TSA identified that these
factors, as well as the ability of terrorist organizations such as al-
Qaeda to adopt new and creative methods of attack, highlight the need
for security of all operations using general aviation aircraft and
airports, including aerial advertisers. To mitigate this threat, TSA
plans to coordinate with an industry-led initiative to study security
vulnerabilities associated with general aviation aircraft and also
plans to issue a set of "best practices," or recommended guidelines to
improve security at general aviation airports, as well as a self-
assessment guide for general aviation airport managers to use.
After assuming responsibility for processing waivers for aerial
advertisers to fly over restricted stadium airspace from FAA, TSA began
to strengthen and implement additional processes to enhance security,
including strengthening background checks on aerial advertisers.
Although we generally found documentation identifying that background
checks were conducted, we identified certain factors that could limit
the effectiveness of these checks. In addition, inconsistency in the
manner in which information was collected to identify pilots and match
them to the results of the checks conducted made it difficult to verify
that the background checks were conducted as required. Further, FAA and
TSA reported that they used additional processes to reduce the threat
of aerial advertising operations. However, we found that these
processes were not formalized in agency policies or procedures, and
thereby, may not have been consistently applied.
To address the factors we identified that could limit TSA's
effectiveness to secure aerial advertising operations, we recommended
that, in the event that waiver restrictions are repealed, the
Administrator of TSA should determine whether more comprehensive
background checks are warranted to further reduce the threat of aerial
advertising operations; ensure that documents supporting waivers
granted for temporary flight restrictions are systematically and fully
maintained; and disseminate policies defining the process and
procedures for issuing waivers, conducting background checks, and
defining the circumstances under which TSA will take additional steps
to ensure verification that pilots flying over restricted stadium
airspace have been properly cleared. In commenting on this report, FAA
and TSA officials generally agreed with the information provided and
our recommendations. Officials also provided technical clarifications
that we incorporated as appropriate.
Background:
Following the September 11TH terrorist attacks, FAA issued several
temporary flight restrictions to prevent flights over certain areas.
After its creation and assumption of aviation security
responsibilities, TSA began determining when and where security-related
temporary flight restrictions should be issued.[Footnote 4] Although
TSA determines the aviation security risks, FAA retains responsibility-
-due to its oversight of U.S. airspace--for signing and issuing
airspace restrictions and associated waivers. FAA formally informs the
aviation industry of such restrictions through numbered notices to
airmen (NOTAM). One restriction prohibited flights over public
assemblies and large stadiums to enhance security over events being
held at these sites.[Footnote 5] Beginning in December 2001, FAA's Air
Traffic Office began to allow certain pilots and aircraft to operate
over these events by waiving flight restrictions. These waiver
processes allowed pilots, such as those flying aerial advertising
aircraft, to obtain a waiver from the restriction and fly in restricted
airspace. In the spring of 2002, FAA began to conduct background checks
on pilots applying for waivers from flight restrictions.
In September 2002, TSA recommended that FAA amend previous NOTAMs to
clarify the events over which flights should be restricted. Rather than
all public assemblies, flight restrictions were narrowed to include
only flights over National Football League, Major League Baseball,
National Collegiate Athletic Association Division 1 football, and major
motor speedway events at stadiums with 30,000 seats or more. The
restrictions extended 3 miles out from the center of the stadium and
3,000 feet above ground level. Based on experiences and knowledge
gained in working with FAA to address security issues following the
September 11 attacks, TSA developed a process for conducting background
checks on pilots requesting waivers to fly over these events and began
processing waiver applications.[Footnote 6] FAA, as manager of the U.S.
airspace, continued to sign and issue the waivers.
TSA's processes for approving waivers were in place until February
2003, when Congress directed that restrictions be placed on the type of
pilots and aircraft allowed to obtain a waiver to fly over restricted
stadium airspace.[Footnote 7] These new restrictions allowed only
aircraft having broadcast, safety and security, or other operational
purposes to fly in the airspace. For example, law enforcement, medical,
and Department of Defense aircraft were exempted from the restrictions
as well as aircraft required to fly through the restricted airspace to
arrive or depart from a nearby airport. This legislation barred all
other operations, including aerial advertisers, from obtaining waivers
through February 20, 2004, unless extended by Congress. In January
2004, Congress passed legislation continuing this restriction
indefinitely. Figure 1 shows a time line of events leading to the
suspension of aerial advertising waivers.
Figure 1: Time line of Events Leading to the Suspension of Aerial
Advertising Waivers:
[See PDF for image]
[End of figure]
TSA's Threat Assessments Found General Aviation to Be Vulnerable:
While the agency does not believe aerial advertising aircraft pose a
significant threat and are not likely to be used by terrorists, TSA
concluded that a variety of factors made general aviation, including
aerial advertising operations, vulnerable to terrorist attack. TSA
identified that these factors, as well as the ability of terrorist
organizations such as al-Qaeda to adopt new and creative methods of
attack, highlight the need for security of all operations using general
aviation aircraft and airports, including aerial advertisers.
TSA plans to coordinate with an industry-led initiative to study
security vulnerabilities associated with a spectrum of general aviation
aircraft (from smallest to largest and heaviest), operating under a
variety of scenarios, and with a variety of payloads. Through this
coordination, TSA plans to provide guidance to industry participants in
an effort to ensure the results provide information that will benefit
both the government and industry. TSA also plans to issue a set of
"best practices," or recommended guidelines to improve security at
general aviation airports, and a self-assessment guide for general
aviation airport managers to use by March 2004.
TSA Enhanced Security Processes for Aerial Advertising Operations, but
Limitations Exist:
When TSA assumed responsibility for managing the waiver process in
September 2002, the agency began taking steps to conduct more extensive
background checks for aerial advertising pilots than those previously
conducted by FAA. According to FAA and TSA, FAA began issuing waivers
to aerial advertising pilots in December 2001 but did not begin
conducting background checks on pilots until sometime in March or April
2002. When TSA assumed responsibility for managing the waiver process,
the agency instituted additional processes for conducting background
checks, which included more extensive checks of a pilot's criminal
history and associated links to terrorism. TSA said the agency used
these processes to determine whether to grant waivers for any security-
related temporary flight restriction beyond only waivers for aerial
advertising pilots. Despite these efforts, however, we found weaknesses
in the process used to conduct background checks that could impact the
security of aerial advertising operations.
In addition to strengthening background checks for aerial advertising
pilots granted waivers to fly over stadiums, TSA took steps to document
that these background checks were completed. For the period between
December 2001 and September 2002, when FAA was responsible for managing
the waiver process, officials did not track waivers granted or maintain
file documentation of background check results. As a result, we could
not verify that FAA conducted all background checks as reported. After
TSA assumed responsibility for processing waiver applications, the
agency established a tracking system to document the results of
background checks.
To determine whether TSA followed their process for approving waivers
and conducting background checks for aerial advertisers requesting
waivers, we reviewed a random sample of 100 waivers (of the 900 total
waivers contained in TSA's internal tracking system as having been
processed for aerial advertising pilots from September 2002 until
February 2003) and determined whether documentation existed that showed
that the additional checks instituted by TSA were conducted. We found
that although checks were generally documented, inconsistency in the
manner in which information was collected to identify pilots and match
them to the results of the checks conducted made it difficult to verify
that the background checks were conducted as required. For example,
pilots applying for waivers were organized alphabetically in the
documentation of one check, whereas results of the terrorist threat
analysis were organized by a pilot's social security number. In
addition, TSA tracked the waivers by pilot certificate number in some
cases, further complicating the process of matching the results of one
check and terrorist threat analysis to the waivers applied for and
granted.
Federal regulations require that agency record-keeping procedures
provide documentation to facilitate review by Congress and other
authorized agencies of government.[Footnote 8] Further, our standards
for internal control in the federal government[Footnote 9] require that
all transactions be clearly documented in a manner that is complete,
accurate, and useful to managers and others involved in evaluating
operations. In the absence of a more effective system for documenting
and maintaining records of the results of background checks and other
analyses, TSA cannot, among other things, hold responsible officials
accountable for completing required steps in the background check
process.
In addition to the background check process used to check pilots, FAA
and TSA stated that they used additional processes to reduce the threat
of aerial advertising operations. For example, both TSA and FAA told us
that they coordinated with local law enforcement officials and FAA air
traffic control towers to inspect aerial advertising pilots and their
aircraft and to verify that they had a valid waiver. However, we found
that these processes were not formalized in agency policies or
procedures, and thereby, may not have been consistently followed
related to aerial advertising operations.
In addition to the Department of Homeland Security, we are sending
copies of this:
report to the House Appropriations Committee, Subcommittee on Homeland
Security. We will also make copies available to others upon request. In
addition, the report will be available at no charge on GAO's Web site
at http://www.gao.gov.
If you or your staff have any questions about this report, please call
me at (202) 512-3404 or Chris Keisling, Assistant Director, at (404)
679-1917.
Sincerely yours,
Signed by;
Cathleen A. Berrick:
Director, Homeland Security and Justice Issues:
(440298):
FOOTNOTES
[1] Aerial advertising aircraft are small aircraft that tow advertising
banners.
[2] Pub. L. No. 108-199, Section 521, Consolidated Appropriations Act,
2004.
[3] General aviation consists of all civil aircraft, excluding
commercial and military, as well as general aviation airports where
these aircraft are based.
[4] The Aviation and Transportation Security Act (ATSA), Pub. L. No.
107-71, § 101(g), 115 Stat. 597, 603 (2001), transferred much of the
responsibility for civil aviation security from FAA to TSA.
[5] NOTAM 1/3353, issued December 19, 2001.
[6] TSA conducts such background checks when considering waiver
requests for all security-related temporary flight restrictions,
including checks for pilots, crew members, and passengers.
[7] Consolidated Appropriations Resolution, 2003, Pub. L. No. 108-7, §
352, 117 Stat. 11, 420-21 (implemented by FAA in NOTAM 3/1840, issued
Mar. 6, 2003).
[8] 36 C.F.R. § 1222.38.
[9] 31 U.S.C. 3512(c).