Aviation Security: TSA Should Assess Potential for Discrimination and Better Inform Passengers of the Complaint Process
Fast Facts
TSA—which screens over 1.5 million airline passengers daily—has faced allegations that some of its screening practices may negatively affect certain passengers.
Stakeholder groups and TSA officials said that TSA's advanced imaging technology and other practices could result in certain passengers—like people who are transgender, wear religious headwear, or have disabilities—being referred more frequently for additional screening. But TSA hasn't collected data on these referrals or assessed frequency. Also, stakeholders said that passengers are often unaware of how to file discrimination complaints.
We recommended TSA address these issues.
Highlights
What GAO Found
The Department of Homeland Security's (DHS) Transportation Security Administration (TSA) has taken actions, such as establishing procedures and training, that can help to prevent the potential for discrimination in its airline passenger screening practices. However, it has not assessed the extent to which these practices may result in certain passengers being referred for additional screening more often than others. For example, TSA officials in all four airports GAO visited and representatives from the seven stakeholder organizations GAO interviewed stated that TSA's advanced imaging technology or other practices could result in certain passengers being referred for additional screening more frequently than others. These include transgender passengers or those who wear religious headwear or have disabilities. TSA has not collected data on referrals for additional screening and conducted assessments to determine the extent to which this occurs. Such data collection and assessments could help TSA identify any actions needed to better comply with agency policies that prohibit discrimination.
Examples of TSA Passenger Screening Practices at Airport Checkpoints That Can Result in Referrals for Additional Screening
TSA has a process for addressing passenger complaints alleging discrimination, but could improve how it informs passengers about this process. For example, representatives from all seven stakeholder organizations stated that passengers are often unaware of how to file discrimination complaints. While TSA provides signs for airports to place at checkpoints that include contact information for questions about screening, most do not explicitly cite complaints. Taking additional steps to better inform the public about the discrimination complaint process could help ensure any issues are identified and addressed. Further, TSA's data systems and collection practices limit its ability to fully analyze discrimination complaints. For example, TSA is unable to analyze the number of complaints that were found to have merit or resulted in disciplinary actions because the data are stored in different systems that lack specific fields to collect this information. Improving TSA's analyses of discrimination complaint data could better inform training and other initiatives to help prevent discrimination.
Why GAO Did This Study
TSA screened over 1.5 million airline passengers per day in 2021 as part of its mission to protect the nation's transportation systems. However, TSA has faced allegations that some of its screening practices may negatively affect certain passengers and has received discrimination complaints.
GAO was asked to review the potential for discrimination in TSA's screening practices. This report addresses (1) how TSA helps ensure that its airline passenger screening practices do not result in discrimination and (2) the extent to which TSA has established and informed passengers about its complaint process for allegations of discrimination. GAO analyzed documents and data on TSA's screening practices and complaints process and interviewed TSA officials in headquarters and four airports, selected based on size, complaints filed, and other factors. GAO also interviewed seven stakeholder organizations, including those representing religious groups and persons with disabilities, selected based on their work on airline security screening.
Recommendations
GAO is making four recommendations to TSA to (1) collect data on passenger referrals for additional screening, (2) conduct assessments to determine the extent to which its screening practices comply with agency non-discrimination policies, (3) take additional actions to better inform passengers about its discrimination complaint process, and (4) strengthen its ability to analyze discrimination complaints. DHS concurred with these recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Transportation Security Administration | The Administrator of TSA should collect additional data on passenger referrals for additional screening. (Recommendation 1) |
Open – Partially Addressed
According to TSA officials, the agency completed deployment of its new algorithm for advanced imaging technology (AIT) scanners in June 2023. The algorithm was deployed to scanners in about 340 airports. As mentioned in our report, this update is intended to increase detection rates and reduce false alarm rates and pat downs for the traveling public, and also remove the need for gender-identifying buttons on the scanners. TSA collected data at about 20 selected airports from May 2023 through June 2023 during its fiscal year 2023 annual resource planning assessment to verify that the update is working as intended. TSA reported that approximately 27 percent of passengers received a pat-down when using the updated machines at the selected airports. Officials stated that about 52 percent of passengers received a pat-down in fiscal year 2022. As part of its fiscal year 2023 annual resource assessment, TSA also collected data using an updated form that captures information on the passenger's experience during checkpoint screening. According to officials, the updated form captures information on (1) the total screening time from travel document verification through checkpoint exit; (2) cause of any additional screening; (3) the duration of such screening, and (4) any qualifiers including wearing head coverings or the use of a wheelchair. Furthermore, TSA has conducted focus groups with Transportation Security Officers to assess the pat-down process and issued a report summarizing the topics discussed in July 2023. We believe these actions would help address our recommendation and are awaiting additional documentation to clarify what new data were collected since our report was issued. We will continue to monitor TSA's efforts in this area.
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| Transportation Security Administration | The Administrator of TSA should conduct assessments to determine the extent to which TSA's passenger screening practices comply with agency non-discrimination policies to identify any needed actions to improve compliance. (Recommendation 2) |
Open
As of October 2023, TSA officials stated that the agency plans to analyze the data collected on referrals for additional screening to identify the (1) rate that passengers alarm, (2) percentage of false alarms; and (3) causes of false alarms. They noted that the results of this study will be cross referenced with complaint data and used to identify whether there is a need to improve TSA security policies and procedures or to develop requirements for enhancements of security technology, including advanced imaging technology. Officials also stated that TSA would also use the results of its focus groups with Transportation Security Officers and passenger experience surveys to help ensure its operational policies and procedures do not violate agency non-discrimination policies. In addition to its data collection and analysis efforts, TSA reviewed literature on passenger experiences and potential bias in on-person screening and issued a briefing on its findings in March 2023. The briefing summarizes common factors associated with additional screening and potential strategies for using technology and procedures to help mitigate or prevent unintended bias. We will continue to monitor TSA's efforts to address this recommendation.
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| Transportation Security Administration | The Administrator of TSA should take additional actions to better inform passengers about TSA's discrimination complaint process. (Recommendation 3) |
Closed – Implemented
In November 2022, we found that the Transportation Security Administration (TSA) had taken limited steps to proactively inform passengers about their ability to file complaints, including those alleging discrimination, and the process for doing so. For example, TSA provided signs for airports to place at checkpoints that included general contact information for questions about airport security or assistance, but most of the signs did not specifically inform passengers about how to file complaints or the discrimination complaint process. In addition, representatives from all seven stakeholder organizations we interviewed stated that passengers are often unaware of how to file discrimination complaints. We recommended that TSA take additional actions to better inform passengers about its discrimination complaint process. In response, in March 2023, the agency sent a message to leadership at all airports with instructions on the use and placement of required and updated checkpoint signs. As part of updating its signage, TSA expanded its Equal Opportunity Notice to provide information on who may file a discrimination complaint and how the complaint can be filed. In addition, TSA added a QR code to the notice that takes the visitor directly to the online civil rights complaint form. Further, in October 2023, officials stated that TSA has obtained funding to develop and procure a virtual assistant on www.tsa.gov to allow its online visitors to connect with the agency to obtain information, file complaints, and share feedback. According to officials, TSA anticipates implementing this capability in December 2024. As a result of these actions, TSA could improve the extent to which passengers report cases of alleged discrimination and the extent to which issues and trends are readily identified and addressed.
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| Transportation Security Administration | The Administrator of TSA should strengthen TSA's ability to analyze passenger discrimination complaints, including improving the collection and tracking of complaints data, to help inform training, procedures, and other initiatives. (Recommendation 4) |
Open
According to TSA officials, in September 2023, the Customer Service Branch and Disabilities and Multicultural Branch received funding and approval to develop a new complaint case management system and procure licenses and cloud storage needed to support the new users and additional data associated with moving the current complaint management system to the new one. Officials stated that this effort will also allow the customer service points of contact at airports across the country to utilize the same system to provide necessary information for complaint cases, including resolution actions. TSA anticipates launching this capability in Fall 2024. Officials stated that this enhancement is intended to improve TSA's ability to perform data analysis on complaints, gain full lifecycle visibility into complaints, and expedite information sharing between headquarters and the field, among other benefits. For example, TSA officials said that the proposed features for the updated system will establish interoperability between the TSA Contact Center system and the Airport Information Management system, which is the database used by local TSA management at airports. According to TSA officials, this will help case managers in the Multicultural and Disability Branches and customer service managers in the field have a more holistic view of each complaint. In addition, officials said that the updated system would allow all pertinent parties across TSA to access and document complaints. We believe these actions would help address our recommendation, provided they result in improving TSA's ability to analyze discrimination complaints to inform training, procedures, and other initiatives. We will continue to monitor TSA's efforts in this area.
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