Aviation Security: TSA Should Assess Potential for Discrimination and Better Inform Passengers of the Complaint Process
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.
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) |
According to TSA officials, the agency completed deployment of its new algorithm for advanced imaging technology (AIT) scanners in June 2023. 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 plans to collect data at 20 selected airports from May 2023 through July 2023 during its annual resource planning assessment to verify that the update is working as intended. In addition, the agency plans to collect data at airports where the AIT update has been deployed using a new form that captures information on the passenger's experience during checkpoint screening. According to officials, the new form will capture (1) the total screening time from travel document verification through checkpoint exit; (2) the cause of any additional screening; (3) the duration of any additional screening; and (4) any qualifiers including risk status, use of wheelchair, and number of traveling companions. Furthermore, in October 2022, TSA completed data collection from focus groups assessing the pat-down process. According to TSA officials, the agency issued a report in May 2023 on the results of the focus groups that specifically addressed gender-related screening issues. TSA anticipates completing its planned actions to implement this recommendation by September 29, 2023. We believe these actions would help address our recommendation and 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) |
As of May 2023, TSA officials said that the agency will continue to use existing mechanisms, such as reviewing screening procedures and conducting annual performance reviews, to help ensure compliance with civil rights and civil liberties. In addition, officials stated that monthly reports on complaints filed are uploaded to an internal customer service site to enhance the sharing of current trends. According to officials, TSA security operations and training leadership plan to meet in the third quarter of FY2023 to review the report and ensure they are promoting its use in their areas of responsibility. While these are positive steps, it is unclear how such steps will help TSA evaluate the extent to which its screening practices may result in referrals of certain passengers for additional screening more often than others. According to TSA officials, the agency also plans to analyze the data collected in the first recommendation 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 used to support further development of AIT algorithms. In conducting the assessments we recommended, it will be important for TSA to use these and other data on passenger referrals collected in the first recommendation to help determine whether its passenger screening practices comply with agency non-discrimination policies and identify any needed improvements to technology and screening procedures. 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) |
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 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. Furthermore, officials stated that TSA has secured funding for 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. The virtual assistant will serve as an additional communication channel for the TSA Contact Center. According to officials, TSA has conducted initial market research and established a working group with the goal to complete market research, finalize requirements, and identify a contract vehicle by the end of FY 2023. We believe these actions would help address our recommendation and will continue to monitor TSA's efforts in this area.
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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) |
According to TSA officials, on March 31, 2023, TSA completed a study to determine the feasibility of funding a platform to enhance TSA Contact Center system capabilities. Officials stated that the enhancements are 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, along with 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. TSA officials expect the TSA Contact Center system's enhanced platform to be operational six months after the funding has been identified and secured, with a planned completion date of April 30, 2024. 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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