Aviation Security
TSA Is Enhancing Its Oversight of Air Carrier Efforts to Screen Passengers against Terrorist Watch-List Records, but Expects Ultimate Solution to Be Implementation of Secure Flight
Gao ID: GAO-08-1136T September 9, 2008
Domestic air carriers are responsible for checking passenger names against terrorist watch-list records to identify persons who should be denied boarding (the No Fly List) or who should undergo additional security scrutiny (the Selectee List). The Transportation Security Administration (TSA) is to assume this function through its Secure Flight program. However, due to program delays, air carriers retain this role. This testimony discusses (1) TSA's requirements for domestic air carriers to conduct watch-list matching, (2) the extent to which TSA has assessed compliance with watch-list matching requirements, and (3) TSA's progress in developing Secure Flight. This statement is based on GAO's report on air carrier watch-list matching (GAO-08-992) being released today and GAO's previous and ongoing reviews of Secure Flight. In conducting this work, GAO reviewed TSA security directives and TSA inspections guidance and results, and interviewed officials from 14 of 95 domestic air carriers.
TSA's requirements for domestic air carriers to conduct watch-list matching include a requirement to identify passengers whose names are either identical or similar to those on the No Fly and Selectee lists. Similar-name matching is important because individuals on the watch list may try to avoid detection by making travel reservations using name variations. According to TSA, there have been incidents of air carriers failing to identify potential matches by not successfully conducting similar-name matching. However, until revisions were initiated in April 2008, TSA's security directives did not specify what types of similar-name variations were to be considered. Thus, in interviews with 14 air carriers, GAO found inconsistent approaches to conducting similar-name matching, and not every air carrier reported conducting similar-name comparisons. In January 2008, TSA conducted an evaluation of air carriers and found deficiencies in their capability to conduct similar-name matching. Thus, in April 2008, TSA revised the No Fly List security directive to specify a baseline capability for conducting watch-list matching and reported that it planned to similarly revise the Selectee List security directive. While recognizing that the new baseline capability will not address all vulnerabilities, TSA emphasized that establishing the baseline capability should improve air carriers' performance of watch-list matching and is a good interim solution pending the implementation of Secure Flight. TSA has undertaken various efforts to assess domestic air carriers' compliance with watch-list matching requirements; however, until 2008, TSA had conducted limited testing of air carriers' similar-name-matching capability. In 2005, for instance, TSA evaluated the capability of air carriers to identify names that were identical--but not similar--to those in terrorist watch-list records. Also, TSA's internal guidance did not specifically direct inspectors to test air carriers' similar-name-matching capability, nor did the guidance specify the number or types of name variations to be assessed. Records in TSA's database for regular inspections conducted during 2007 made reference to name-match testing in only 61 of the 1,145 watch-list-related inspections that GAO reviewed. During the course of GAO's review, and prompted by findings of the evaluation conducted in January 2008, TSA reported that its guidance for inspectors would be revised to help ensure air carriers' compliance with security directives. Although TSA has plans to strengthen its oversight efforts, it is too early to determine the extent to which TSA will provide oversight of air carriers' compliance with the revised security directives. In February 2008, GAO reported that TSA has made progress in developing Secure Flight but that challenges remained, including the need to more effectively manage risk and develop more robust cost and schedule estimates (GAO-08-456T). If these challenges are not addressed effectively, the risk of the program not being completed on schedule and within estimated costs is increased, and the chances of it performing as intended are diminished. TSA plans to begin assuming watch-list matching from air carriers in January 2009.
GAO-08-1136T, Aviation Security: TSA Is Enhancing Its Oversight of Air Carrier Efforts to Screen Passengers against Terrorist Watch-List Records, but Expects Ultimate Solution to Be Implementation of Secure Flight
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Testimony:
Before the Subcommittee on Transportation Security and Infrastructure
Protection, Committee on Homeland Security, House of Representatives:
United States Government Accountability Office:
GAO:
For Release on Delivery:
Expected at 2:00 p.m. EDT:
September 9, 2008:
Aviation Security:
TSA Is Enhancing Its Oversight of Air Carrier Efforts to Screen
Passengers against Terrorist Watch-List Records, but Expects Ultimate
Solution to Be Implementation of Secure Flight:
Statement of Cathleen A. Berrick:
Director, Homeland Security and Justice Issues:
GAO-08-1136T:
GAO Highlights:
Highlights of GAO-08-1136T, a testimony before the Subcommittee on
Transportation Security and Infrastructure Protection, Committee on
Homeland Security, House of Representatives.
Why GAO Did This Study:
Domestic air carriers are responsible for checking passenger names
against terrorist watch-list records to identify persons who should be
denied boarding (the No Fly List) or who should undergo additional
security scrutiny (the Selectee List). The Transportation Security
Administration (TSA) is to assume this function through its Secure
Flight program. However, due to program delays, air carriers retain
this role. This testimony discusses (1) TSA‘s requirements for domestic
air carriers to conduct watch-list matching, (2) the extent to which
TSA has assessed compliance with watch-list matching requirements, and
(3) TSA‘s progress in developing Secure Flight. This statement is based
on GAO‘s report on air carrier watch-list matching (GAO-08-992) being
released today and GAO‘s previous and ongoing reviews of Secure Flight.
In conducting this work, GAO reviewed TSA security directives and TSA
inspections guidance and results, and interviewed officials from 14 of
95 domestic air carriers.
What GAO Found:
TSA‘s requirements for domestic air carriers to conduct watch-list
matching include a requirement to identify passengers whose names are
either identical or similar to those on the No Fly and Selectee lists.
Similar-name matching is important because individuals on the watch
list may try to avoid detection by making travel reservations using
name variations. According to TSA, there have been incidents of air
carriers failing to identify potential matches by not successfully
conducting similar-name matching. However, until revisions were
initiated in April 2008, TSA‘s security directives did not specify what
types of similar-name variations were to be considered. Thus, in
interviews with 14 air carriers, GAO found inconsistent approaches to
conducting similar-name matching, and not every air carrier reported
conducting similar-name comparisons. In January 2008, TSA conducted an
evaluation of air carriers and found deficiencies in their capability
to conduct similar-name matching. Thus, in April 2008, TSA revised the
No Fly List security directive to specify a baseline capability for
conducting watch-list matching and reported that it planned to
similarly revise the Selectee List security directive. While
recognizing that the new baseline capability will not address all
vulnerabilities, TSA emphasized that establishing the baseline
capability should improve air carriers‘ performance of watch-list
matching and is a good interim solution pending the implementation of
Secure Flight.
TSA has undertaken various efforts to assess domestic air carriers‘
compliance with watch-list matching requirements; however, until 2008,
TSA had conducted limited testing of air carriers‘ similar-name-
matching capability. In 2005, for instance, TSA evaluated the
capability of air carriers to identify names that were identical”but
not similar”to those in terrorist watch-list records. Also, TSA‘s
internal guidance did not specifically direct inspectors to test air
carriers‘ similar-name-matching capability, nor did the guidance
specify the number or types of name variations to be assessed. Records
in TSA‘s database for regular inspections conducted during 2007 made
reference to name-match testing in only 61 of the 1,145 watch-list-
related inspections that GAO reviewed. During the course of GAO‘s
review, and prompted by findings of the evaluation conducted in January
2008, TSA reported that its guidance for inspectors would be revised to
help ensure air carriers‘ compliance with security directives. Although
TSA has plans to strengthen its oversight efforts, it is too early to
determine the extent to which TSA will provide oversight of air
carriers‘ compliance with the revised security directives.
In February 2008, GAO reported that TSA has made progress in developing
Secure Flight but that challenges remained, including the need to more
effectively manage risk and develop more robust cost and schedule
estimates (GAO-08-456T). If these challenges are not addressed
effectively, the risk of the program not being completed on schedule
and within estimated costs is increased, and the chances of it
performing as intended are diminished. TSA plans to begin assuming
watch-list matching from air carriers in January 2009.
What GAO Recommends:
GAO is not making any recommendations related to air carriers‘ watch-
list matching programs because TSA initiated actions in April 2008 to
strengthen related requirements and its oversight of air carriers‘
implementation of these requirements. Regarding Secure Flight, GAO
previously made recommendations to strengthen the program‘s
development. TSA generally agreed.
To view the full product, including the scope and methodology, click on
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-1136T]. For more
information, contact Cathleen A. Berrick at (202) 512-3404 or
berrickc@gao.gov.
[End of section]
Madam Chairwoman and Members of the Subcommittee:
I am pleased to be here today to discuss GAO's work assessing the
Transportation Security Administration (TSA) and domestic air carrier
efforts in conducting watch-list matching--or the matching of airline
passenger information against terrorist watch-list records--a front-
line defense against acts of terrorism that target the nation's civil
aviation system.[Footnote 1] Domestic air carriers operating to, from,
and within the United States are to conduct watch-list matching in
accordance with requirements set forth by TSA. That is, air carriers
are to conduct preboarding checks by comparing passenger data--most
prominently name and date of birth--against the No Fly List to identify
individuals who should be prevented from boarding an aircraft, and
against the Selectee List to identify individuals who must undergo
enhanced screening at the checkpoint prior to boarding.[Footnote 2] TSA
has responsibility for overseeing how air carriers implement the watch-
list-matching process, consistent with TSA requirements. Critical to
this oversight effort are the agency's inspectors--both the principal
security inspectors who oversee implementation efforts at air carriers'
corporate security offices and the transportation security inspectors
who oversee implementation efforts at airport locations. Beginning in
2009, under a program known as Secure Flight, TSA is to take over from
air carriers the function of watch-list matching for domestic and
ultimately international flights. Pending Secure Flight's
implementation, air carriers continue to have primary responsibility
for conducting watch-list matching. In turn, TSA continues to have an
important oversight responsibility to ensure that air carriers comply
with watch-list-matching requirements.
My testimony today addresses (1) TSA's requirements for domestic air
carriers to conduct watch-list matching for domestic flights, (2) the
extent to which TSA has assessed domestic air carriers' compliance with
watch-list-matching requirements, and (3) TSA's progress in developing
and implementing the Secure Flight program. This statement is based on
a report we released today[Footnote 3] on air carrier watch-list-
matching processes and TSA's oversight of these efforts, as well as
work we conducted on the Secure Flight program from August 2007 to
January 2008,[Footnote 4] with selected updates in September 2008.
Regarding air carrier watch-list matching, we reviewed TSA's security
directives and related guidance applicable to watch-list matching;
interviewed responsible officials at TSA headquarters; conducted
interviews (both in-person and via telephone) with officials from
domestic air carriers to discuss their implementation of watch-list-
matching requirements;[Footnote 5] analyzed watch-list-related
inspections that TSA conducted during fiscal year 2007 to ensure that
air carriers were in compliance with applicable requirements; and
reviewed the results from a special emphasis assessment that TSA
conducted in 2005 and a special emphasis inspection it conducted in
January 2008, both of which addressed air carriers' capability to
conduct watch-list matching.[Footnote 6] Regarding the Secure Flight
program, we reviewed systems development, privacy, and other
documentation, and interviewed Department of Homeland Security (DHS),
TSA, and contractor officials. We conducted these performance audits
from July 2006 to September 2008 in accordance with generally accepted
government auditing standards. Those standards require that we plan and
perform the audit to obtain sufficient, appropriate evidence to provide
a reasonable basis for our findings and conclusions based on the audit
objectives. We believe that the evidence obtained provides a reasonable
basis for our findings and conclusions based on the audit objectives.
Summary:
Through its security directives, TSA has issued requirements for watch-
list matching, which include identifying passengers with names similar
to those on the No Fly and Selectee lists. Before undertaking revisions
of the relevant security directives in 2008, TSA expected air carriers
to conduct similar-name matching but TSA's security directives did not
specify how many and what types of such name variations air carriers
should compare. Consequently, in interviews with 14 air carriers, we
found inconsistent approaches to conducting similar-name matching. Some
carriers compared more name variations than others; in addition, not
every air carrier reported conducting similar-name comparisons. Air
carriers that conduct only exact-name comparisons and carriers that
conduct relatively limited similar-name comparisons are less effective
in identifying watch-listed individuals who travel under name
variations. Also, due to inconsistent air carrier processes, a
passenger could be identified as a match to the watch list by one
carrier and not by another. In April 2008, during the course of our
review, TSA revised and issued the No Fly List security directive to
specify a baseline capability for similar-name matching to which all
air carriers must conform. Also, in August 2008, TSA officials reported
that the agency was in the process of similarly revising the Selectee
List security directive to require the same baseline capability.
[Footnote 7] TSA officials acknowledged that the new baseline
capability will not address all vulnerabilities identified by TSA.
However, the officials stated that the new baseline capability was a
good interim approach for improving air carriers' matching efforts
because, among other reasons, it will strengthen watch-list matching
without requiring investment in a solution that will be replaced when
Secure Flight is implemented.
Although TSA assessed air carriers' compliance with watch-list-matching
requirements through a special emphasis assessment conducted in 2005
and through planned inspections conducted in conjunction with annual
inspection cycles, the agency had tested similar-name matching to only
a limited extent until 2008. For instance, the 2005 special emphasis
assessment focused on air carriers' capability to identify passenger
names that were exact matches with names on the No Fly List, but did
not address the capability to conduct similar-name matching. Also,
during the most recent annual inspection cycle (fiscal year 2007),
although some TSA inspectors tested air carriers' effectiveness in
conducting similar-name matching, the inspectors did so at their own
discretion and without specific evaluation criteria. However, during a
special emphasis inspection conducted in January 2008, TSA found
deficiencies in the capability of air carriers to conduct similar-name
matching.[Footnote 8] Thereafter, following TSA's revision of the No
Fly List security directive in April 2008, officials planned to issue
new guidance for inspectors to better ensure compliance by air carriers
with requirements in the new security directive. Further, in September
2008, TSA updated us on the status of its efforts with watch-list
matching. Specifically, TSA provided us with the results of a May 2008
special emphasis assessment of seven air carriers' compliance with the
revised No Fly List security directive. TSA generally characterized the
results of the May 2008 special emphasis assessment as positive.
Further, TSA officials noted that the agency's internal handbook, which
provides guidance to transportation security inspectors on how to
inspect air carriers' compliance with requirements, including watch-
list-matching requirements, was being revised, and was expected to be
released later this year. Officials indicated that the new inspection
guidance would be used in conjunction with TSA's nationwide regulatory
activities plan for fiscal year 2009. While these actions and plans are
positive developments, it is too early to determine the extent to which
air carriers' compliance with watch-list-matching requirements will be
assessed based on the new security directives since these efforts are
still underway and have not been completed.
Moreover, in February 2008, we reported that TSA has made significant
progress in developing Secure Flight, but that challenges remained in a
number of areas, including the need to more effectively manage risk and
develop more robust cost and schedule estimates. We made a number of
recommendations to strengthen TSA's efforts in these areas, to which
TSA agreed and has begun to take corrective actions. We will continue
to evaluate TSA's efforts to develop and implement Secure Flight and
its progress in addressing these recommendations as part of our ongoing
review.[Footnote 9]
Background:
TSA is responsible for ensuring air carriers' compliance with
regulatory requirements, including requirements reflected in TSA
security directives. Related to watch-list matching, TSA outlines air
carrier requirements in the No Fly List Procedures security directive,
requiring domestic air carriers to conduct checks of passenger
information against the No Fly List to identify individuals who should
be precluded from boarding flights, and the Selectee List Procedures
security directive, directing domestic air carriers to conduct checks
of passenger information against the Selectee List to identify
individuals who should receive enhanced screening (e.g., additional
physical screening or a hand-search of carry-on baggage) before
proceeding through the security checkpoint. Since 2002, TSA has issued
numerous revisions to the No Fly and Selectee list security directives
to strengthen and clarify requirements, and has issued guidance to
assist air carriers in implementing their watch-list-matching
processes.
TSA conducts inspections of air carriers throughout the year as part of
regular inspection cycles based on annual inspection plans to determine
the extent to which air carriers are complying with TSA security
requirements. These inspections are based on inspection guidelines
known as PARIS prompts,[Footnote 10] which address a broad range of
regulatory requirements (including airport perimeter security and cargo
security, as well as screening of employees, baggage, and passengers).
With respect to watch-list matching, inspection guidelines instruct
inspectors regarding the aspects of air carrier watch-list matching
that should be tested, such as whether air carriers are comparing the
names of all passengers against names on the most current No Fly and
Selectee lists in accordance with the procedures outlined in TSA's
security directives.
TSA conducts watch-list-related inspections at air carriers' corporate
security offices (where policies and procedures are established on how
watch-list matching is to be performed) and at airports (where policies
and procedures for responding to a potential match are implemented).
TSA's principal security inspectors are responsible for conducting
inspections at domestic air carriers' corporate headquarters. These
inspectors assess air carriers' compliance with security requirements
and provide direct oversight of air carriers' implementation of and
compliance with TSA-approved security programs. Field inspectors--
known as transportation security inspectors--conduct watch-list-
related inspections at airports. They are responsible for a multitude
of TSA-related activities, including conducting inspections and
investigations of airports and air carriers, monitoring compliance with
applicable civil aviation security policies and regulations, resolving
routine situations that may be encountered during the assessment of
airport security, participating in testing of security systems in
connection with compliance inspections, identifying when enforcement
actions should be initiated, and providing input on the type of action
and level of penalty commensurate with the nature and severity of a
violation that is ultimately recommended to TSA's Office of Chief
Counsel.
To further enhance commercial aviation security and as required by the
Intelligence Reform and Terrorism Prevention Act of 2004, TSA is
developing an advanced passenger prescreening program known as Secure
Flight to assume from air carriers the function of matching passenger
information against government-supplied terrorist watch lists for
domestic, and ultimately international, flights.[Footnote 11] Through
assumption of the watch-list-matching function from the air carriers,
Secure Flight is intended to ensure a higher level of consistency than
current air carrier watch-list matching and also help remedy possible
misidentifications if a passenger's name is similar to one found on a
watch list. According to TSA plans, Secure Flight's benefits, once the
program becomes operational, will include:
* eliminating inconsistencies in current air carrier watch-list
matching procedures;
* decreasing the risk of unauthorized disclosure of sensitive watch-
list information;
* reducing the number of individuals who are misidentified as being on
the No Fly or Selectee lists, and;
* integrating the redress process so that individuals are less likely
to be improperly or unfairly delayed or prohibited from boarding an
aircraft.
TSA expects to begin assuming from air carriers the watch-list matching
function for domestic flights in January 2009, and to assume this
function from U.S. Customs and Border Protection for flights departing
from and to the Unites States by fiscal year 2010.
Prior to April 2008, TSA Watch-List-Matching Requirements Were Broad
and Allowed Air Carriers Discretion in Comparing Name Variations, Which
Resulted in Less Effective Processes:
Since the terrorist attacks of September 11, 2001, TSA has imposed,
through security directives, requirements for watch-list matching,
which include identifying passengers with names similar to those on the
No Fly and Selectee lists--a process TSA refers to as similar-name
matching. Identifying passengers with names similar to those on the No
Fly and Selectee lists is a critical component of watch-list matching
because individuals may travel using abbreviated name forms or other
variations of their names. Therefore, searching for only an exact match
of the passenger's name may not result in identifying all watch-listed
individuals.
Before undertaking revisions of the relevant security directives in
2008, TSA expected air carriers to conduct similar-name matching, but
TSA's security directives did not specify how many and what types of
such name variations air carriers should compare. Consequently, the 14
air carriers we interviewed reported implementing varied approaches to
similar-name matching. Some carriers reported comparing more name
variations than others, and not every air carrier reported conducting
similar-name comparisons. Air carriers that conduct only exact-name
comparisons and carriers that conduct relatively limited similar-name
comparisons are less effective in identifying watch-listed individuals
who travel under name variations. Also, due to inconsistent air carrier
processes, a passenger could be identified as a match to a watch-list
record by one carrier and not by another, which results in uneven
effectiveness of watch-list matching. Moreover, there have been
incidents, based on information provided by TSA's Office of
Intelligence, of air carriers failing to identify potential matches by
not successfully conducting similar-name matching.
Generally, TSA had been aware that air carriers were not using
equivalent processes to compare passenger names with names on the No
Fly and Selectee lists. However, in early 2008 the significance of such
differences was crystallized during the course of our review and
following TSA's special emphasis inspection of air carriers' watch-
list-matching capability. On the basis of these inspection results, in
April 2008, TSA issued a revised security directive governing the use
of the No Fly List to establish a baseline capability for similar-name
matching to which all air carriers must conform. Also, TSA announced
that it planned to similarly revise the Selectee List security
directive to require the new baseline capability.[Footnote 12]
According to TSA officials, the new baseline capability is intended to
improve the effectiveness of watch-list matching, particularly for
those air carriers that had been using less-thorough approaches for
identifying similar-name matches and those air carriers that did not
conduct any similar-name comparisons. However, because the baseline
capability requires that air carriers compare only the types of name
variations specified in the security directive, TSA officials noted
that the new baseline established in the No Fly List security directive
is not intended to address all possible types of name variations and
related security vulnerabilities. Agency officials explained that based
on their analysis of the No Fly and Selectee lists and interviews with
intelligence community officials, the newly established baseline covers
the types of name variations air carriers are most likely to encounter.
TSA officials further stated that these revised requirements were a
good interim solution because, among other reasons, they will
strengthen security while not requiring air carriers to invest in
significant modifications to their watch-list matching processes, given
TSA's expected implementation of Secure Flight beginning in 2009. If
implemented as intended, Secure Flight is expected to better enable the
use of passenger names and other identifying information to more
accurately match passengers to the subjects of watch-list records.
Until a 2008 Special Emphasis Inspection, TSA Had Conducted Limited
Testing of Air Carriers' Capability to Perform Similar-Name Matching:
Until 2008, TSA had conducted limited testing of air carriers' similar-
name-matching capability, although the agency had undertaken various
efforts to assess domestic air carriers' compliance with watch-list
matching requirements in the No Fly and Selectee list security
directives. These efforts included a special emphasis assessment
conducted in 2005 and regular inspections conducted in conjunction with
annual inspection cycles. However, the 2005 special emphasis assessment
focused on air carriers' capability to prescreen passengers for exact-
name matches with the No Fly List, but did not address the air
carriers' capability to conduct similar-name comparisons. Regarding
inspections conducted as part of regular inspection cycles, TSA's
guidance establishes that regulatory requirements encompassing critical
layers of security need intensive oversight, and that testing is the
preferred method for validating compliance. However, before being
revised in 2008, TSA's inspection guidelines for watch-list-related
inspections were broadly stated and did not specifically direct
inspectors to test air carriers' similar-name-matching capability.
Moreover, TSA's guidance provided no baseline criteria or standards
regarding the number or types of such variations that must be assessed.
Thus, although some TSA inspectors tested air carriers' effectiveness
in conducting similar-name matching, the inspectors did so at their own
discretion and without specific evaluation criteria.
In response to our inquiry, six of TSA's nine principal security
inspectors told us that their assessments during annual inspection
cycles have not included examining air carriers' capability to conduct
certain basic types of similar-name comparisons. Also, in reviewing
documentation of the results of the most recent inspection cycle
(fiscal year 2007), we found that available records in TSA's database
made references to name-matching tests in only 6 of the 36 watch-list-
related inspections that principal security inspectors conducted, and
in only 55 of the 1,109 inspections that transportation security
inspectors conducted.[Footnote 13] Without baseline criteria or
standards for air carriers to follow in conducting similar-name
comparisons, TSA has not had a uniform basis for assessing compliance.
Further, without routinely and uniformly testing how effectively air
carriers are conducting similar-name matching, TSA may not have had an
accurate understanding of the quality of air carriers' watch-list-
matching processes.
However, TSA began taking corrective actions during the course of our
review and after it found deficiencies in the capability of air
carriers to conduct similar-name matching during the January 2008
special emphasis inspection.[Footnote 14] More specifically, following
the January 2008 inspection, TSA officials reported that TSA began
working with individual air carriers to address identified
deficiencies. Also, officials reported that, following the issuance of
TSA's revised No Fly List security directive in April 2008, the agency
had plans to assess air carriers' progress in meeting the baseline
capability specified in the new security directive after 30 days, and
that the agency's internal guidance for inspectors would be revised to
help ensure compliance by air carriers with requirements in the new
security directive. Further, in September 2008, TSA updated us on the
status of its efforts with watch-list matching. Specifically, TSA
provided us with the results of a May 2008 special emphasis assessment
of seven air carriers' compliance with the revised No Fly List security
directive. Although the details of this special emphasis assessment are
classified, TSA generally characterized the results as positive. Also,
the TSA noted that it plans to work with individual air carriers, as
applicable, to analyze specific failures, improve system performance,
and conduct follow-up testing as needed. Further, officials noted that
the agency's internal handbook, which provides guidance to
transportation security inspectors on how to inspect air carriers'
compliance with requirements, including watch-list-matching
requirements, was being revised and was expected to be released later
this year. Officials stated that the new inspection guidance would be
used in conjunction with TSA's nationwide regulatory activities plan
for fiscal year 2009. However, while these actions and plans are
positive developments, it is too early to determine the extent to which
TSA will assess air carriers' compliance with watch-list-matching
requirements based on the new security directives since these efforts
are still underway and have not been completed.
DHS Has Made Progress in Developing and Implementing the Secure Flight
Program, but Challenges Remain That May Hinder the Program Moving
Forward:
Over the last 4 years, we have reported that the Secure Flight program
(and its predecessor known as the Computer Assisted Passenger
Prescreening System II or CAPPS II) had not met key milestones or
finalized its goals, objectives, and requirements, and faced
significant development and implementation challenges.[Footnote 15]
Acknowledging the challenges it faced with the program, in February
2006, TSA suspended the development of Secure Flight and initiated a
reassessment, or rebaselining, of the program, which was completed in
January 2007. In February 2008, we reported that TSA had made
substantial progress in instilling more discipline and rigor into
Secure Flight's development and implementation, including preparing key
systems development documentation and strengthening privacy
protections.[Footnote 16] However, we reported that challenges remain
that may hinder the program's progress moving forward. Specifically,
TSA had not (1) developed program cost and schedule estimates
consistent with best practices, (2) fully implemented its risk
management plan, (3) planned for system end-to-end testing in test
plans, and (4) ensured that information-security requirements are fully
implemented. If these challenges are not addressed effectively, the
risk of the program not being completed on schedule and within
estimated costs is increased, and the chances of it performing as
intended are diminished.
To address these challenges, we made several recommendations to DHS and
TSA to incorporate best practices in Secure Flight's cost and schedule
estimates and to fully implement the program's risk-management,
testing, and information-security requirements. DHS and TSA officials
generally agreed to implement the recommendations and reported that
they are making progress doing so. According to TSA officials, the
"initial cutover" or assumption of the watch-list matching function
from one or more air carriers for domestic flights is scheduled to
begin in January 2009. However, as of July 2008, TSA had not developed
detailed plans or time frames for assuming watch-list matching from all
air carriers for domestic flights. We will continue to evaluate TSA's
efforts to develop and implement Secure Flight and its progress in
addressing our prior recommendations as part of our ongoing review.
Concluding Observations:
Until the Secure Flight program is implemented, TSA's oversight of air
carriers' compliance with watch-list-matching requirements remains an
important responsibility. In this regard, TSA's April 2008 revision of
the No Fly List security directive--and a similar revision planned for
the Selectee List security directive--are significant developments. The
April 2008 revision establishes a baseline name-matching capability
applicable to all domestic air carriers. Effective implementation of
the baseline capability should strengthen watch-list-matching
processes, especially for those air carriers that had been using less-
thorough approaches for identifying similar-name matches. Concurrently,
revised internal guidance for TSA's inspectors can help ensure that
compliance inspections of air carriers are conducted using the
standards specified within the security directives as evaluation
criteria. At the time of our review, TSA was in the initial stage of
revising the internal guidance for inspectors. As a result, it is too
early to determine the extent to which updated guidance for principal
security inspectors and transportation security inspectors will
strengthen oversight of air carriers' compliance with the security
directive requirements. Going forward, TSA officials acknowledge that
the baseline capability specified in the revised No Fly List security
directive and the similar revision planned for the Selectee List
security directive--while an improvement--does not address all
vulnerabilities identified by TSA and does not provide the level of
risk mitigation that is expected to be achieved from Secure Flight.
Thus, TSA officials recognize the importance of--and the challenges to-
-ensuring continued progress in developing and deploying the Secure
Flight program as soon as possible.
Madam Chairwoman, this concludes my statement. I would be pleased to
answer any questions that you or other members have at this time.
GAO Contact and Staff Acknowledgments:
For questions regarding this testimony, please contact Cathleen A.
Berrick, Director, Homeland Security and Justice Issues, at (202) 512-
3404 or berrickc@gao.gov.
Other key contributors to this statement were Mona Blake, Danny R.
Burton, Ryan Consaul, R. Eric Erdman, Michele C. Fejfar, Richard B.
Hung, Thomas F. Lombardi, Sara Margraf, Victoria E. Miller, Maria
Soriano, and Margaret Vo.
[End of section]
Footnotes:
[1] For the purposes of this statement, domestic air carriers are those
with operations based in the United States that maintain full security
programs in accordance with 49 C.F.R. part 1544. The number of domestic
air carriers has varied over time, for example, from 95 in 2005 to
about 70 in 2007.
[2] These lists contain applicable records from the Terrorist Screening
Center's consolidated database of known or appropriately suspected
terrorists. Pursuant to Homeland Security Presidential Directive 6,
dated September 16, 2003, the Terrorist Screening Center--an entity
that has been operational since December 2003 under the administration
of the Federal Bureau of Investigation--was established to develop and
maintain the U.S. government's consolidated terrorist screening
database (the watch list) and to provide for the use of watch-list
records during security-related screening processes. See GAO, Terrorist
Watch List Screening: Recommendations to Promote a Comprehensive and
Coordinated Approach to Terrorist-Related Screening, [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-08-253T] (Washington, D.C.: Nov.
8, 2007).
[3] GAO, Aviation Security: TSA Is Enhancing Its Oversight of Air
Carrier Efforts to Identify Passengers on the No Fly and Selectee
Lists, but Expects Ultimate Solution to Be Implementation of Secure
Flight, [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-992]
(Washington, D.C.: Sept. 9, 2008).
[4] GAO, Aviation Security: Transportation Security Administration Has
Strengthened Planning to Guide Investments in Key Aviation Security
Programs, but More Work Remains, [hyperlink, http://www.gao.gov/cgi-
bin/getrpt?GAO-08-456T] (Washington, D.C.: Feb. 28, 2008).
[5] Our selection of the 14 air carriers was based, in part, on
operational size with the goal of obtaining a range of sizes. Although
the 14 air carriers (selected from a total of 95 air carriers required
to perform watch-list matching during calendar year 2005) represent a
range in the types of air carriers that conduct watch-list matching,
and, according to our calculations, accounted for approximately 70
percent of all passengers that boarded domestic flights in 2005, the
results of our interviews are not generalizable to the domestic
operations of all domestic air carriers. However, our selection allowed
us to understand how watch-list matching was performed for the majority
of passengers flying domestically in 2005, although we did not
independently verify each air carrier's reported method of
implementation.
[6] Special emphasis assessments and special emphasis inspections are
nonroutine activities undertaken at the direction of TSA headquarters.
According to TSA, a special emphasis assessment addresses a
vulnerability that generally is not tied to a regulation, while a
special emphasis inspection is tied to a regulatory requirement.
[7] TSA officials did not provide us a targeted issuance date for the
revised Selectee List security directive.
[8] TSA reported that the January 2008 special emphasis inspection
covered 52 domestic air carriers and 31 foreign air carriers.
[9] Our review of TSA's progress with Secure Flight is being conducted
in response to requests from the U.S. Senate (Committee on Commerce,
Science, and Transportation, and its Subcommittee on Aviation
Operations, Safety, and Security; Committee on Appropriations,
Subcommittee on Homeland Security; Committee on Homeland Security and
Governmental Affairs; and Committee on the Judiciary) and the U.S.
House of Representatives (Committee on Transportation and
Infrastructure, Committee on Homeland Security, and Committee on
Oversight and Government Reform). In addition, the Consolidated
Appropriations Act, 2008, requires that we report to the Committees on
Appropriations of the Senate and House of Representatives on DHS's
certification of 10 conditions outlined in section 522(a) of the
Department of Homeland Security Appropriations Act, 2005, related to
the development and implementation of the Secure Flight program. See
Pub. L. No. 110-161, Div. E, § 513, 121 Stat. 1844, 2072-73 (2007).
[10] PARIS is the acronym for the Performance and Results Information
System, which is TSA's inspections database. This database assists TSA
management by providing factual and analytical information on the
compliance of TSA-regulated entities. There are approximately 1,700
PARIS prompts, which serve as guidelines for TSA inspectors.
[11] See Pub. L. No. 108-458, § 4012(a), 118 Stat. 3638, 3714-18 (2004)
(codified at 49 U.S.C. § 44903(j)(2)(C)).
[12] In August 2008, TSA informed us that the revised Selectee List
security directive was still in the agency's internal clearance
process, and did not provide us a targeted issuance date.
[13] According to TSA data, these 1,145 watch-list-related inspections
(36 plus 1,109) covered 60 domestic air carriers, and most of the air
carriers were inspected multiple times.
[14] According to TSA officials, the January 2008 special emphasis
inspection covered 52 domestic air carriers and 31 foreign air
carriers.
[15] See GAO, Aviation Security: Progress Made in Systematic Planning
to Guide Key Investment Decisions, but More Work Remains, [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-07-448T] (Washington, D.C.: Feb.
13, 2007).
[16] See GAO, Aviation Security: Transportation Security Administration
Has Strengthened Planning to Guide Investments in Key Aviation Security
Programs, but More Work Remains, [hyperlink, http://www.gao.gov/cgi-
bin/getrpt?GAO-08-456T] (Washington, D.C.: Feb. 28, 2008).
[End of section]
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