Terrorist Watchlist: Routinely Assessing Impacts of Agency Actions since the December 25, 2009, Attempted Attack Could Help Inform Future Efforts
Published: 2012-05-31T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: The December 25, 2009, attempted bombing of Northwest Flight 253 exposed weaknesses in how the federal government nominated individuals to the terrorist watchlist and gaps in how agencies used the list to screen individuals to determine if they posed a security threat. In response, the President tasked agencies to take corrective actions. GAO was asked to assess (1) government actions since the incident to strengthen the nominations process, (2) how the composition of the watchlist has changed based on these actions, and (3) how agencies are addressing gaps in screening processes. GAO analyzed government reports, the guidance used by agencies to nominate individuals to the watchlist, data on the volumes of nominations from January 2009 through May 2011, the composition of the list, and the outcomes of screening agency programs. GAO also interviewed officials from intelligence, law enforcement, and screening agencies to discuss changes to policies, guidance, and processes and related impacts on agency operations and the traveling public, among other things. This report is a public version of the classified report that GAO issued in December 2011 and omits certain information, such as details on the nominations guidance and the specific outcomes of screening processes.
section_title: What GAO Found
paragraphs: In July 2010, the federal government finalized guidance to address weaknesses in the watchlist nominations process that were exposed by the December 2009 attempted attack and to clarify how agencies are to nominate individuals to the watchlist. The nominating agencies GAO contacted expressed concerns about the increasing volumes of information and related challenges in processing this information. Nevertheless, nominating agencies are sending more information for inclusion in the terrorist watchlist after the attempted attack than before the attempted attack. Agencies are also pursuing staffing, technology, and other solutions to address challenges in processing the volumes of information. In 2011, an interagency policy committee began an initiative to assess the initial impacts the guidance has had on nominating agencies, but did not provide details on whether such assessments would be routinely conducted in the future. Routine assessments could help the government determine the extent to which impacts are acceptable and manageable from a policy perspective and inform future efforts to strengthen the nominations process.
After the attempted attack, federal agencies took steps to reassess the threat posed by certain individuals already identified in government databases and either add them to the watchlist or change their watchlist status, which included adding individuals to the watchlist’s aviation-related subset lists. For example, the number of U.S. persons (U.S. citizens and lawful permanent residents) on the subset No Fly List the government uses to deny individuals the boarding of aircraft more than doubled after the attempted attack.
Screening agencies are addressing gaps in processes that were exposed by the attempted attack. For example, based on the growth of lists used to screen aviation passengers and continued implementation of Secure Flight—which enabled the Transportation Security Administration to assume direct responsibility for conducting watchlist screening from air carriers—more individuals have been denied boarding aircraft or subjected to additional physical screening before boarding. Secure Flight has also reduced the likelihood of passengers being misidentified as being on the watchlist and has allowed agencies to use a broader set of watchlist records during screening. U.S. Customs and Border Protection has built upon its practice of evaluating individuals before they board flights to the United States, resulting in hundreds more non-U.S. persons on the watchlist being kept off flights because the agency determined they would likely be deemed inadmissible upon arrival at a U.S. airport. The Department of State revoked hundreds of visas shortly after the attempted attack because it determined that the individuals could present an immediate threat to the United States. These actions are intended to enhance homeland security, but have also impacted agency resources and the traveling public. An interagency policy committee is also assessing the outcomes and impacts of these actions, but it did not provide details on this effort. Routine assessments could help decision makers and Congress determine if the watchlist is achieving its intended outcomes and help information future efforts.
section_title: What GAO Recommends
paragraphs: GAO recommends that the Assistant to the President for Homeland Security and Counterterrorism ensure that the outcomes and impacts of agencies’ actions to strengthen nominations and screening processes are routinely assessed. Technical comments were provided and incorporated.

section_title: Letter
paragraphs: The attempt on December 25, 2009, to detonate a concealed explosive  on board a U.S.-bound aircraft raised questions as to why warnings about  the attempted bomber did not result in the U.S. government including him  on its consolidated terrorist watchlist. The Terrorist Screening Center  (TSC)—administered by the Federal Bureau of Investigation (FBI)—is  responsible for maintaining this list of known or suspected terrorists and  making records from the watchlist database available as appropriate to  agencies that screen individuals for possible threats. For instance,  subsets of the watchlist are used by the Transportation Security  Administration (TSA) to screen individuals before they board an aircraft,  by U.S. Customs and Border Protection (CBP) to inspect or vet  individuals traveling to and from the United States, and by the  Department of State (State) to screen visa applicants.
The Executive Office of the President’s review of the attempted attack  found that the U.S. government had sufficient information to have  uncovered and potentially disrupted the attack, but shortcomings in the  watchlisting process prevented the attempted bomber—Umar Farouk  Abdulmutallab—from being nominated for inclusion on the watchlist.  Thus, screening agencies that could have identified him as a potential  threat were unable to identify him and take action. The Executive Office of  the President tasked departments and agencies to undertake a number of  corrective actions to help ensure that known or suspected terrorists are  identified and nominated to the watchlist and that agencies can use the  list to screen individuals for potential links to terrorism.
We have been monitoring the government’s efforts to improve its ability to  share terrorism-related information to further homeland security. In  January 2005, we designated information sharing a high-risk area  because the federal government faced formidable challenges in analyzing  and disseminating this information in a timely, accurate, and useful  manner. The federal government’s sharing of terrorism-related  information remained a high-risk area in our biennial update that we  issued in February 2011. Also, in October 2007, we reported on how the  watchlist is created and maintained and how federal, state, and local  security partners use the list to screen individuals for potential threats to  the homeland. We identified potential vulnerabilities—including ones  created because agencies were not screening against all watchlist  records—and concluded that an up-to-date strategy could help the  government optimize use of the watchlist. We made recommendations to  enhance the effectiveness of the watchlisting and screening processes,  which agencies implemented or have actions under way to address.  Further, after the attempted attack, we reported that weighing and  responding to the potential impacts that changes to the criteria used to  nominate individuals to the terrorist watchlist would have on the traveling  public will be an important consideration in determining what changes  may be needed.
In response to your request, we issued a classified report in December  2011 that addressed the following questions:
What actions has the federal government taken since the December  25, 2009, attempted attack to strengthen the watchlist nominations  process, and to what extent are departments and agencies  experiencing challenges implementing these actions and assessing  impacts of the actions they have taken?
How did the composition of the watchlist change as a result of actions  taken by departments and agencies after the attempted attack?
How are screening agencies addressing vulnerabilities exposed by  the attempted attack, what have been the outcomes of related  screening since the incident, and to what extent are federal agencies  assessing the impacts of this screening?
This report is a public version of the classified report that we provided to  you. The various departments and agencies we reviewed deemed some  of the information in the restricted report as classified or sensitive (e.g.,  Sensitive Security Information or For Official Use Only), which must be  protected from public disclosure. Therefore, this report omits certain  information associated with vulnerabilities in watchlisting and screening  processes that were exposed by the December 25, 2009, attempted  attack and government actions to address these vulnerabilities. This  report also omits key details regarding (1) certain policies and procedures  associated with the development and use of the terrorist watchlist and (2)  specific outcomes of encounters with individuals who were positively  matched to the watchlist. Although the information provided in this report  is more limited in scope, it addresses the same questions as the  restricted report. Also, the overall methodology used for both reports is  the same.
To determine federal government actions to strengthen the watchlist  nominations process and related challenges, we analyzed postattack  government reports issued by the Executive Office of the President and  the Senate Select Committee on Intelligence. We also compared the  July 2010 Watchlisting Guidance—issued by the TSC to standardize  watchlisting policies and processes—to the 2009 watchlisting protocol  (the most recent operational policy before the December 2009 attempted  attack) to identify changes that were intended to strengthen agencies’  abilities to nominate known or suspected terrorist to the watchlist. To  help us determine how postattack changes in the watchlisting guidance  have affected the volume of nominations and any resulting impacts, we  obtained data for the period January 2009 through May 2011 from seven  federal entities involved in the nominations process. Specifically, we  obtained data from five entities that nominate individuals for inclusion on  the terrorist watchlist (nominating agencies). We also obtained  information from the National Counterterrorism Center (NCTC), an entity  that processes these nominations and submits them to TSC, as does the  FBI, and TSC.nominations process and interviewed agency officials—including the  Director of TSC, NCTC’s Deputy Director for Terrorist Identities, and  agency watchlisting program officials—to discuss nomination processes,  how changes instituted as a result of the July 2010 Watchlisting Guidance  have impacted agencies, and related challenges.
Further, we analyzed documentation on the watchlisting  To identify how the composition of the watchlist has changed since the  December 2009 attempted attack, we analyzed agency documents and  TSC data for 2009 and 2010 on the number of individuals on the terrorist  watchlist and its subset No Fly and Selectee lists, and on the number of  U.S. persons (U.S. citizens and lawful permanent residents) on these  lists. We also analyzed the July 2010 Watchlisting Guidance and interviewed the TSC Director and other center officials to obtain their  perspectives on the reasons for changes in the size and composition of  the watchlist and subset lists.
To identify how screening and law enforcement agencies are addressing  vulnerabilities exposed by the attempted attack, the outcomes and  impacts of agency actions, and the extent to which agencies are  assessing the outcomes and impacts, we focused on screening,  inspection, and vetting conducted by the Department of Homeland  Security’s (DHS) TSA and CBP, and State. These are the primary  agencies that use the watchlist to screen and vet individuals traveling to  the United States. We obtained data—generally for 2009 and 2010 but in  some cases through May 2011—on how often these agencies have  encountered individuals on the watchlist and the outcomes of these  encounters to help determine what impact changes in agency screening  or vetting procedures have had on the traveling public and agency  operations, among other things. We also interviewed officials from each  agency to discuss how their screening and vetting procedures have  changed since the attempted attack and how they are assessing the  impacts of the changes. Further, to better understand the impacts of  watchlist screening on the traveling public, we analyzed data for 2009 and  2010 on individuals who had inquiries or sought resolution regarding  difficulties they experienced during their travel screening and interviewed  DHS officials who are responsible for providing redress for these  individuals.
To assess the reliability of data on watchlist nominations, number of  watchlist records, and screening outcomes, we questioned  knowledgeable officials about the data and the systems that produced the  data, reviewed relevant documentation, examined data for obvious errors,  and (when possible) corroborated the data among the different agencies.  We determined that the data were sufficiently reliable for the purposes of  this report. We conducted this performance audit from February 2010 to  May 2012 in accordance with generally accepted government auditing  standards. to obtain sufficient, appropriate evidence to provide a reasonable basis  for our findings and conclusions based on our audit objectives. We  believe that the evidence obtained provides a reasonable basis for our  findings and conclusions based on our audit objectives. Appendix I  contains more details about our objectives, scope, and methodology.
We issued a classified report on this work in December 2011.
subsections: section_title: Background
subsections: section_title: Overview of the Watchlisting and Screening Processes
paragraphs: Pursuant to Homeland Security Presidential Directive 6, TSC was  established to create and maintain the U.S. government’s consolidated  watchlist—the Terrorist Screening Database (TSDB)—and to provide for  the use of watchlist records during security-related and other screening  processes. The watchlisting and screening processes are intended to  support the U.S. government’s efforts to combat terrorism by  consolidating the terrorist watchlist and providing screening and law  enforcement agencies with information to help them respond  appropriately during encounters with known or suspected terrorists,  among other things.
TSC receives watchlist information for inclusion in the TSDB from two  sources: NCTC and the FBI. TSC receives the vast majority of its  watchlist information from NCTC, which compiles information on known or  suspected international terrorists. NCTC receives this information from  executive branch departments and agencies—such as the Central  Intelligence Agency (CIA), State, and the FBI—and maintains the  information in its Terrorist Identities Datamart Environment (TIDE)  database. Agencies that submit nominations to NCTC are to include  pertinent derogatory information and any biographic information—such as  name and date of birth—needed to establish the identity of individuals on  the watchlist. The FBI provides TSC with information about known or  suspected domestic terrorists.who are subjects of ongoing FBI counterterrorism investigations to TSC  for inclusion in the TSDB, including persons the FBI is preliminarily  investigating to determine if they have links to terrorism.
In general, the FBI nominates individuals  In accordance with Homeland Security Presidential Directive 6—and built  upon through Homeland Security Presidential Directives 11 and 24—the  TSDB is to contain information about individuals known or suspected to  be or have been engaged in conduct constituting, in preparation for, in aid   Nominating agencies,  of, or related to terrorism and terrorist activities. NCTC, and the FBI apply a reasonable-suspicion standard to determine  which individuals are appropriate for inclusion in the TSDB. NCTC and  the FBI are to consider information from all available sources to  determine if there is a reasonable suspicion of links to terrorism that  warrants a nomination. Once NCTC and the FBI determine that an  individual meets the reasonable-suspicion standard and that minimum  biographic information exists, they extract sensitive but unclassified  information on the individual’s identity—such as name and date of birth— from their classified databases and send the information to TSC. TSC  reviews these nominations—evaluating the derogatory and biographic  information—to decide whether to add nominated individuals to the  TSDB. Appendix II contains additional information on the watchlist  nominations process.
To support agency screening processes, TSC sends applicable records  from the TSDB to screening and law enforcement agency systems based  on the agency’s mission responsibilities and other factors. For instance,  applicable TSC records are provided to TSA for use in screening airline  passengers, to CBP for use in inspecting and vetting persons traveling to  and from the United States, and to State for use in screening visa  applicants. Regarding individuals who are not citizens or nationals of the  United States seeking to travel to and lawfully enter the United States,  screening and law enforcement agencies rely on immigration laws that  specify criteria for determining whether to issue visas to individuals and  whether to admit them into the country. In many instances, individuals  who are not citizens or nationals of the United States who have engaged  in or are likely to engage in terrorist-related activities may be ineligible to  receive visas or inadmissible for entry to the United States, or both. U.S.  citizens returning to the United States from abroad are not subject to the  admissibility requirements of the Immigration and Nationality Act,  regardless of whether they are subjects of watchlist records. In general,  these individuals only need to establish their U.S. citizenship to the  satisfaction of the examining officer—by, for example, presenting a U.S.  passport—to obtain entry into the United States. U.S. citizens are  subjected to inspection by CBP before being permitted to enter and  additional actions may be taken, as appropriate.
section_title: Weaknesses Exposed by the December 2009 Attempted Attack
paragraphs: On December 25, 2009, Umar Farouk Abdulmutallab, a 23-year old  Nigerian man, attempted to detonate a concealed explosive device on  Northwest Airlines Flight 253 en route from Amsterdam to Detroit as the  plane descended into the Detroit Metropolitan Wayne County Airport.
According to the Executive Office of the President’s and Senate Select  Committee on Intelligence’s inquiries into events that led to the attempted  attack, failures across the intelligence community—including human  errors, technical problems, and analytic misjudgments—contributed to the  government’s failure to identify the subject as a threat that would qualify  him for inclusion on the terrorist watchlist. The inquiries concluded that  the intelligence community held information on Mr. Abdulmutallab—he  was included in TIDE at the time of the attempted attack—but that it was  fragmentary and ultimately not pieced together to form a coherent picture  of the threat he posed (see fig. 1).
The government inquiries also raised issues regarding how agencies  used and interpreted the 2009 watchlisting protocol for nominating  individuals to the watchlist. For example, according to the Executive  Office of the President’s review, although Mr. Abdulmutallab was entered  into TIDE in November 2009, NCTC determined that the associated  derogatory information did not meet the criteria for nominating him to the  terrorist watchlist. Therefore, NCTC did not send the nomination to TSC.  Also, according to the Senate Select Committee on Intelligence report,  agencies may have interpreted the 2009 watchlisting protocol’s standards  for placing individuals on the watchlist too rigidly, thereby preventing Mr.  Abdulmutallab from being nominated for inclusion on the watchlist.
Under the auspices of the Information Sharing and Access Interagency  Policy Committee, TSC—in coordination with watchlisting and screening  agencies—reviewed the 2009 watchlisting protocol and made  recommendations regarding whether adjustments to the protocol were  warranted. The Deputies Committee—a senior interagency forum that  considers policy issues affecting national security—initially approved new  watchlisting guidance for issuance to the watchlisting and screening  communities in May 2010. After a multiagency classification review was  completed, the Deputies Committee approved a final version of the  Watchlisting Guidance in July 2010, which TSC issued to the watchlisting  and screening communities.
section_title: 2010 Guidance Addresses Weaknesses in Nominations Process, but Agencies Face Challenges in Managing Increased Volumes of Information
subsections: section_title: Changes to Watchlisting Guidance and Impacts on Agencies
paragraphs: The July 2010 Watchlisting Guidance includes changes that were  intended to address weaknesses in the nominations process that were  exposed by the December 2009 attempted attack and to clarify how  agencies are to nominate individuals to the watchlist. Since the  guidance was approved, nominating agencies have expressed concerns  about the increasing volumes of information and related challenges in  processing this information and noted that the long-term impacts of the  revisions may not be known for some time. For example, the watchlisting  unit director from one agency reported that the agency is experiencing an  increasing intake of information from its sources, which has impacted its  analysts’ reviews of this information. Also, officials from some agencies  reported that at times they have had to temporarily add personnel to  review and process the large volumes of information.
Data from the nominating agencies we contacted show that the agencies  sent more nominations-related information to NCTC after the attempted  attack than before the attack. According to NCTC officials, the center  experienced receiving an increase in nominations beginning in February  2010. The officials noted that in May 2010, the volume of incoming  nominations exceeded NCTC’s ability to process it, resulting in a backlog.  NCTC has applied additional resources—both staffing and  technological—to address its backlog. As a result, in October 2011,  NCTC officials noted that the center had virtually eliminated its backlog.  Moreover, unless TSC has the ability to process the information it  receives, it cannot add information to the TSDB for use by screening and  law enforcement agencies. Overall, the volume of nominations TSC is  receiving from the FBI and NCTC has generally increased since the  attempted attack. According to TSC officials, the center has avoided  backlogs by employing a variety of strategies to address its workload,  including management of personnel resources and use of more advanced  technology.
Since the December 25, 2009, attempted attack, agencies involved in the  watchlist nominations process have pursued staffing, technology, working  groups, and other solutions to strengthen the process and manage  increasing volumes of information. Specifically, officials from four of the  seven agencies we contacted reported that they are in the process of  developing and implementing certain technological solutions to address  watchlisting issues. For example, NCTC, in consultation with other  members of the intelligence community, reported that it is developing  information technology tools to strengthen analysts’ abilities to identify  potential links to terrorism. The government has also created interagency  working groups to address watchlist-related issues. Further, NCTC  reported that training programs have been developed and administered to  its watchlisting analysts, as well as nominating and screening agency  personnel.
Our review of the July 2010 Watchlisting Guidance and discussions with  relevant agency officials indicated that in drafting the guidance, the  watchlist community emphasized quality-assurance mechanisms as well  as civil rights and civil liberties protections that should be considered  when nominating individuals.
section_title: Assessing Impacts of Guidance Could Help Ensure That Challenges Are Resolved and Inform Future Efforts to Strengthen the Watchlisting Process
paragraphs: While agencies are pursuing actions to strengthen the watchlisting  process, no single entity is accountable for routinely assessing the overall  impacts the July 2010 Watchlisting Guidance is having on the watchlisting  community, the extent to which these impacts are acceptable and  manageable from a policy perspective, and if the impacts indicate the  need for any adjustments. Further, no entity is routinely collecting and  analyzing data needed to conduct such governmentwide assessments  over time. In general, officials from the nominating agencies we contacted  and from NCTC and TSC said that they participated in developing the  July 2010 Watchlisting Guidance and agreed with the changes, but noted  that they did not know at the time how changes implemented through the  2010 guidance would impact them. Routinely assessing these impacts  could help agencies address any challenges they are having in  implementing the watchlisting guidance.
Agencies involved in the nominations process are taking actions to  address challenges related to implementing the 2010 guidance. For  example, officials from the Information Sharing and Access Interagency  Policy Committee’s Subcommittee on Watchlisting noted that  departments and agencies within the watchlisting community are  responsible for assessing the impacts of their individual watchlisting  efforts and for bringing issues, as needed, to the subcommittee. They  explained that agencies react to and address issues and challenges as  they arise. However, this approach has not allowed them to proactively  and systematically assess the watchlisting process and identify emerging  issues; achieve consensus on solutions to potential challenges before  they manifest themselves; and determine if adjustments to the  watchlisting guidance are needed.
Because of the collaborative nature of the watchlisting process, any  assessment of impacts must be an interagency effort. However, none of  the interagency entities we contacted were routinely performing these  assessment functions. In February 2011, officials from the Subcommittee  on Watchlisting noted that the subcommittee was preparing a report on  watchlisting efforts since the December 2009 attempted attack and had  requested that subcommittee members provide input. At that time, the  subcommittee officials noted that the Information Sharing and Access  Interagency Policy Committee did not plan to conduct routine  assessments of the watchlisting processes. In August 2011, a  representative of the National Security Staff informed us that the  Information Sharing and Access Interagency Policy Committee recently  began performing an assessment function related to the July 2010  Watchlisting Guidance. The representative noted that the depth and  frequency of specific reviews will vary as necessary and appropriate. The  staff did not provide us details on these efforts, so we could not determine  to what extent the assessments will be routine or involve collecting and  analyzing data needed to conduct such assessments over time.
Since we found no single entity that is responsible and accountable for  routinely assessing the overall impacts the 2010 guidance is having on  the watchlisting community—and collecting the data needed to conduct  such assessments—the Assistant to the President for Homeland Security  and Counterterrorism may be best positioned to ensure that  governmentwide assessments are conducted. The President tasked this  individual to be responsible and accountable for ensuring that agencies  carry out actions to strengthen the watchlisting process after the  December 2009 attempted attack. Thus, it likewise follows that this  individual could be responsible and accountable for ensuring that the  impacts from these actions are routinely assessed and that the results of  the assessments are used to inform future watchlisting changes.
According to Standards for Internal Control in the Federal Government,  ongoing monitoring of programs and activities should occur during the  course of normal operations.appropriate agencies routinely evaluate or assess the impact of the 2010  guidance on the watchlisting community could help decision makers  determine if the guidance is achieving its intended outcomes or needs  any adjustments, and help inform future efforts to strengthen the  watchlisting process. Such assessments could also help the Information  Sharing and Access Interagency Policy Committee and the watchlisting  community understand longer-term impacts of changes to the watchlisting  guidance, such as how increasing volumes of information are creating  resource demands. Finally, such assessments could help to improve  transparency and provide an accurate accounting to the Executive Office  of the President and other stakeholders, including Congress, for the  resources invested in the watchlisting process.
section_title: The Number of Individuals on the Watchlist and Aviation-Related Subsets Increased after the Attempted Attack
paragraphs: Immediately after the December 2009 attempted attack, federal agencies  took steps that resulted in an increase in the number of individuals in the  TSDB and its aviation-related subsets—the No Fly and Selectee lists— based on new intelligence and threat information. Specifically, in the  months following the attempted attack, agencies added these individuals  to the TSDB from TIDE or from the TSDB to the No Fly or Selectee lists.  Also, upon completion of this initiative, the number of U.S. persons on the  No Fly List more than doubled and the number of U.S. persons on the  Selectee List increased by about 10 percent. According to TSC data, the  number of individuals on the No Fly List generally continued to increase  during the remainder of 2010, while the number of individuals on the  Selectee List remained relatively constant.
To carry out these upgrades, TSC and NCTC—at the direction of the  Deputies Committee and in consultation with other intelligence  agencies—reviewed available intelligence and threat information that  existed on certain individuals. At the same time, TSC worked with NCTC  and intelligence community agencies to ensure that (1) the information  that supported changing the watchlist status of the individuals was as  complete and accurate as possible and (2) the individuals were placed in  the TSDB and, when applicable, on the No Fly or Selectee lists, in  accordance with standards and criteria for inclusion on these lists.
section_title: Screening Agencies Are Addressing Vulnerabilities Exposed by the Attempted Attack, but Assessing Their Impacts Could Help Inform Future Efforts
paragraphs: Agencies that screen individuals against TSDB records are addressing  vulnerabilities and gaps in processes that were exposed by the December  2009 attempted attack to enhance homeland security. For example, TSA  actions have resulted in more individuals being denied boarding aircraft or  subjected to enhanced screening before boarding. The number of U.S.  persons (U.S. citizens and lawful permanent residents) denied boarding  has also increased and, for such persons abroad, required the  government to develop procedures to facilitate their return. TSA is also  screening airline passengers against additional TSDB records to mitigate  risks. CBP has implemented a program to build upon its practice of  evaluating the risk posed by individuals attempting to enter the United  States before they board flights bound for the United States. As a result,  air carriers have permitted fewer individuals in the TSDB to board such  flights, particularly nonimmigrant aliens. State took actions to revoke  hundreds of U.S. visas immediately after the attempted attack because it  determined that the individuals could present an immediate threat. These  and other agency actions are intended to enhance homeland security, but  no entity is routinely assessing governmentwide issues, such as how the  changes have impacted agency resources and the traveling public,  whether watchlist screening is achieving intended results, or if  adjustments to agency programs or the watchlisting guidance are  needed.
subsections: section_title: TSA Has Encountered More Individuals on the No Fly and Selectee Lists and Is Screening against More Watchlist Records
subsections: section_title: No Fly and Selectee List Encounters
paragraphs: After the attempted attack, TSA continued implementation of the Secure  Flight program, which enabled TSA to assume direct responsibility for  determining if individuals are matches to the No Fly or Selectee lists from  air carriers. Secure Flight requires that air carriers collect—and that  passengers provide—full name and date-of-birth and gender information,  thereby improving TSA’s ability to correctly determine whether individuals  are on these lists. Before Secure Flight, air carriers were not required to  collect date-of-birth and gender information, and each airline conducted  watchlist matching differently with varying effectiveness. According to  TSA, the increase in individuals added to the No Fly and Selectee lists,  combined with the implementation of Secure Flight, resulted in an  increase in the number of times airlines encountered individuals on these  lists. TSA data show that the encounters involved both domestic flights  (flights to and from locations within the United States) and international  flights (flights to or from the United States or over U.S. air space).
Since the December 2009 attempted attack and subsequent increase in  the number of U.S. persons nominated to and placed on the No Fly List,  there have been instances when U.S. persons abroad have been unable  to board an aircraft bound for the United States. Any individual— regardless of nationality—can be prohibited from boarding an aircraft if  the threat represented by the individual meets the criteria for inclusion on  the No Fly List. In general, however, U.S. citizens are permitted to enter  the United States at a U.S. port of entry if they prove to the satisfaction of  a CBP officer that they are in fact U.S. citizens. Lawful permanent  residents, who in limited circumstances independent of the No Fly List  may be rendered an applicant for admission, are usually entitled to  removal proceedings prior to having their status as a lawful permanent  resident terminated for immigration purposes.
In our October 2007 watchlist report, we recommended that DHS assess  to what extent security risks exist by not screening against more watchlist  records and what actions, if any, should be taken in response. DHS  generally agreed with our recommendation but noted that increasing the  number of records that air carriers used to screen passengers would  expand the number of misidentifications to unjustifiable proportions  without a measurable increase in security. In general, misidentifications  occur when a passenger’s name is identical or similar to a name in the  TSDB but the passenger is not the individual on the watchlist. Since then,  TSA assumed direct responsibility for this screening function through  implementation of the Secure Flight program for all flights traveling to,  from, or within the United States. According to TSA, Secure Flight’s full  assumption of this function from air carriers and its use of more  biographic data for screening have improved watchlist matching. This  includes TSA’s ability to correctly match passenger data against TSDB  records to confirm if individuals match someone on the watchlist and  reduce the number of misidentifications. Appendix III contains additional  information on how Secure Flight has reduced the likelihood of  passengers being misidentified as being on the watchlist and related  inconveniences.
TSA’s actions discussed below fully respond to the recommendation we  made in our October 2007 report. Specifically, TSA has implemented  Secure Flight such that as circumstances warrant, it may expand the  scope of its screening beyond the No Fly and Selectee lists to the entire  TSDB. According to the program’s final rule, in general, Secure Flight is to compare passenger information only to the No Fly and Selectee lists  because, during normal security circumstances, screening against these  components of the TSDB will be satisfactory to counter the security  threat. However, the rule also provides that TSA may use the larger set of  “watch lists” maintained by the federal government when warranted by  security considerations, such as if TSA learns that flights on a particular  route may be subject to increased security risk.
Also, after the attempted bombing in December 2009, DHS proposed and  the Deputies Committee approved the Secure Flight program’s expanded  use of TSDB records on a routine basis to screen passengers before they  board flights. In April 2011, TSA completed the transition of the Secure  Flight program to conduct watchlist matching against this greater subset  of TSDB records and notify air carriers that those passengers who are  determined to be a match should be designated for enhanced screening  prior to boarding a flight. According to TSA, the impact on screening  operations has been minimal given the relatively low volume of matches  against these additional records each day.
TSA noted that the entire TSDB is not used for screening since matching  passenger data against TSDB records that contain only partial data could  result in a significant increase in the number of passengers who are  misidentified as being on the watchlist and potentially cause unwarranted  delay or inconvenience to travelers. TSA also noted that as with potential  misidentifications to the No Fly and Selectee lists, passengers who feel  that they have been incorrectly delayed or inconvenienced can apply for  redress through the DHS Traveler Redress Inquiry Program (DHS  TRIP). DHS noted that TSA regularly monitors the Secure Flight  program and processes and makes adjustments as needed.
In fiscal year 2011, TSA reprogrammed $15.9 million into Secure Flight to  begin screening against the additional TSDB records. TSA’s fiscal year  2012 budget request proposed funding to make screening against the  additional records permanent. According to TSA, for fiscal year 2012,  Secure Flight requested an increase of $8.9 million and 38 full-time  personnel to continue supporting this expanded screening effort.  According to TSA, the funding will be used for information technology  enhancements that will be required to implement this expanded screening  and will allow TSA to handle the increased workload.
section_title: CBP Expansion of PreDeparture Vetting Has Kept Hundreds More Aliens in the TSDB off Airplanes Bound for the United States
paragraphs: For individuals traveling by air to the United States, CBP has established  programs whereby it assesses individuals before they board an aircraft to  determine whether it is likely they will be found inadmissible at a port of  entry. The following sections discuss how CBP’s Pre-Departure Targeting  Program and Immigration Advisory Program handle the subset of  travelers who are in the TSDB. Other high-risk and improperly  documented passengers handled by these programs include passengers  who have criminal histories; have had their visas revoked; are in  possession of fraudulent, lost, or stolen passports; or otherwise appear to  be inadmissible.
In response to the attempted attack in December 2009, and as part of its  border and immigration security mission, CBP implemented the Pre- Departure Targeting Program in January 2010 to build upon its process of  assessing if individuals would likely be found inadmissible at a port of  entry before they board an aircraft to cover all airports worldwide with  direct flights to the United States. Before the attempted attack, CBP  assessed individuals who were departing from airports that had CBP  Immigration Advisory Program officers on site. At airports without such a  program, passengers in the TSDB but not on the No Fly List generally  were allowed to board flights and travel to U.S. airports. Upon arrival at a  U.S. port of entry, CBP would inspect the passengers and determine their  admissibility. CBP continues to assess passengers through the  Immigration Advisory Program for flights departing from airports that have  a program presence.
For both the Pre-Departure Targeting Program and the Immigration  Advisory Program, if CBP determines that a passenger would likely be  deemed inadmissible upon arrival at a U.S. airport, it recommends that  the air carrier not board that passenger (that is, it makes a no board  recommendation). CBP generally makes these no board  recommendations based on provisions for admissibility found in the  Immigration and Nationality Act. U.S. citizens are generally not subject  to these recommendations since they are generally permitted to enter the  United States at a U.S. port of entry if they prove to the satisfaction of a  CBP officer that they are in fact U.S. citizens. CBP may also decide to not  issue such recommendations for aliens in the TSDB if, for example (1)  CBP officers determine that, based on a review of all available  information, the individual is not likely to be denied admission to the  United States, or (2) the individual was granted a waiver of inadmissibility  by DHS, if such a waiver is available.
For flights departing from airports without an Immigration Advisory  Program officer on site, CBP is leveraging the capabilities of its officers  within its Regional Carrier Liaison Groups to issue no board  recommendations to air carriers. These groups were established in 2006  to assist air carriers with U.S. entry-related matters—with a primary focus  on verifying the authenticity of travel documents—and to work directly  with commercial air carriers on security-related matters. Regional Carrier  Liaison Group staff who are located in the United States handle Pre- Departure Targeting Program no board recommendations to air carriers remotely by delivering the recommendations via phone, fax, or e-mail. CBP policy instructs staff to give no board recommendations priority over  other duties, given the time and security sensitivities involved.
There are three Regional Carrier Liaison Groups, which are located in Honolulu, Hawaii;  Miami, Florida; and New York City, New York. Each of the three locations has authority  over a region of the world, with the Honolulu location covering U.S.-bound flights from  Asia and the Pacific; the New York City location covering flights from Africa, Europe, and  the Middle East; and the Miami location covering flights from Latin America and the  Caribbean.
United States who does not have a valid passport and visa, if a visa is  required. When CBP does not recommend that an individual in the  TSDB be denied boarding and the passenger boards a flight bound for  the United States, CBP inspects the passenger upon arrival at a U.S.  airport. For aliens seeking admission to the United States, determinations  on admissibility are generally made by CBP officers during this inspection  in accordance with applicable provisions of the Immigration and  Nationality Act. In general, aliens who are deemed inadmissible are  detained by DHS until the individual can board a return flight home.
Since the attempted attack, CBP predeparture vetting programs—the  Pre-Departure Targeting Program and the Immigration Advisory  Program—have resulted in hundreds more aliens being kept off flights  bound for the United States because CBP determined that they likely  would be deemed inadmissible upon arrival at a U.S. airport and made  corresponding no board recommendations to air carriers. In addition to  the increase in no board recommendations that resulted from  implementing the Pre-Departure Targeting Program in January 2010, the  increase during 2010 was in response to the new threats made evident by  the attempted attack, according to CBP officials. CBP data also show that  there have been instances when individuals have boarded flights bound  for the United States and arrived at U.S. airports. According to CBP  officials, the vast majority of these cases involved either (1) U.S. citizens  and lawful permanent residents who generally may enter the United  States, and therefore, CBP generally does not recommend that air  carriers not board these passengers, or (2) aliens in the TSDB who were  deemed inadmissible but were granted temporary admission into the  United States under certain circumstances, such as DHS granting a  waiver of inadmissibility.
At the time of our review, CBP did not have readily available data on how  often aliens in the TSDB boarded flights bound for the United States— information that could help CBP assess how its predeparture programs  are working and provide transparency over program results, among other  things. According to CBP officials, the agency was working on adding  data fields to CBP systems to capture more information related to these  programs. The officials noted that these changes will allow CBP to break  down and retrieve data by U.S. citizens, lawful permanent residents, and  aliens, and that related reports will be produced. At our request, CBP  conducted a manual review of data it compiled on the results of its  processing of passengers at U.S. airports from April 2010 through  September 2010. During this period, CBP data show that there were  instances when aliens in the TSDB boarded flights bound for the United  States and were admitted into the country. These occurrences are in  addition to instances where aliens in the TSDB were able to board flights  bound for and enter the United States because they had been granted  admission to the country on a temporary basis under certain  circumstances, such as by DHS granting a waiver of inadmissibility.  According to CBP officials, for each of these occurrences, CBP officers  determined—based on a review of all available and relevant  information—that the derogatory information on the individual was not  sufficient to render that person inadmissible under the Immigration and  Nationality Act.
CBP officials stated that the Pre-Departure Targeting Program increased  the workload for Regional Carrier Liaison Group staff and that two of the  three groups increased the number of CBP officers assigned to handle  this workload. facility that supports these programs experienced increased workloads,  which they handled through additional hiring, overtime hours, and  assignment of temporary duty personnel.
Regional Carrier Liaison Group positions are not specifically funded but are staffed from  existing CBP port personnel, with CBP port management determining the staffing levels  required at each location. individual any law enforcement sensitive information. Rather, the CBP  officers or air carrier personnel are to advise the individual to go to the  U.S. consulate or the person’s home country passport office, as  appropriate, to address the issue. CBP officials also noted that individuals  who have travel-related concerns are advised to file an inquiry through  DHS TRIP. According to DHS TRIP officials, about 20 percent of all  requests for redress that it receives involve CBP inspections conducted at  land, sea, or air ports of entry.
section_title: State Revoked Hundreds of Visas Held by Individuals on the Watchlist after the Attempted Attack
subsections: section_title: State Revoked Hundreds of Visas after Attempted Attack
paragraphs: After the December 2009 attempted attack, the Executive Office of the  President directed TSC to determine the visa status of all known or  suspected terrorists in the TSDB. TSC then worked with State to  determine whether individuals who held U.S. visas should continue  holding them in light of new threats made evident by the incident.  Specifically, in January 2010, State revoked hundreds of visas because it  determined that the individuals could present an immediate threat to the  United States. State officials noted that these revocations were largely  related to individuals who were added to the TSDB—or moved to the No  Fly or Selectee lists—after the attempted attack based on new  intelligence and threat information.
In March 2010, TSC and State initiated another review and identified  hundreds of cases in which individuals in the TSDB held U.S. visas.  These cases included individuals who were in the TSDB at the time of the  December 2009 attempted attack but did not have their visas revoked  during the January 2010 review. According to State officials, all  individuals who could present an immediate threat to the United States  had their visas revoked within 24 hours. In cases involving a less clear  nexus to terrorism, the officials noted that visas were not immediately  revoked. The officials explained that investigating these cases can take  several months and involve extensive coordination with law enforcement  and intelligence officials. According to State officials, of these remaining  cases, the department revoked a number of visas based on intelligence  community recommendations and determined that other visas had been  issued properly following the completion of an interagency review process  and, in applicable cases, ineligibility waivers provided by DHS.
Regarding the cases in which State determined that individuals could  continue to hold visas, State officials noted that an individual’s presence  in the TSDB does not itself render that person ineligible for a visa. For  example, State will issue a visa if it determines that the available  information supporting the TSDB record does not meet the statutory  conditions under which an individual may be deemed ineligible for a visa  to the United States, and the individual is not otherwise ineligible for a  visa. The officials added that in those instances where State finds that  an individual is ineligible for a visa—based on provisions in the  Immigration and Nationality Act that define terrorist activities—the  department may still, in certain circumstances, issue a visa if DHS agrees  to grant a waiver of inadmissibility, if such a waiver is available.  According to State officials, reasons an individual found ineligible for a  visa may receive a waiver include significant or compelling U.S.  government interests or humanitarian concerns. According to State  officials, while the department consulted with law enforcement and  intelligence community officials regarding whether to revoke the visas,  State has final authority over all visa decisions.
In addition to the hundreds of visa revocations involving individuals in the  TSDB that were related to the reviews directed by the Executive Office of  the President, State data show that the department revoked hundreds  more visas based on terrorism-related grounds during 2010. The total  number of visas State revoked during 2010 was more than double the  number of visas the department revoked based on terrorism-related  grounds during 2009. According to State, as of May 2011, a number of  individuals in the TSDB continued to hold U.S. visas because the  department found that (1) they were ineligible to hold a visa under the  terrorism-related provisions of the Immigration and Nationality Act but  received waivers of that ineligibility or (2) they were not ineligible to hold  visas under the terrorism-related provisions of the act following standard  interagency processing of the visa applications.
Under current procedures, State screens visa applicant data against  sensitive but unclassified extracts of biographical information drawn from  TSDB records as part of its evaluation process for issuing U.S. visas. If  an applicant for a visa is identified as a possible match with a TSDB  record, consular officers are to initiate a process to obtain additional  information on the individual’s links to terrorism, including information  maintained by law enforcement and intelligence agencies. State data  show that the department denied about 55 percent more nonimmigrant  visas based on terrorism-related grounds during 2010 than it did during  2009, which includes denials involving individuals in the TSDB. Further,  State found that in cases where individuals were ineligible to hold  nonimmigrant visas based on terrorism-related grounds—but evinced  significant or compelling U.S. government interest or humanitarian  concern—the department recommended, and DHS granted, waivers of  ineligibility.
According to State officials, the department’s automated systems do not  capture data on the number of individuals in the TSDB who applied for  visas—or the related outcomes of these applications (e.g., issued or  denied)—because this information is not needed to support the  department’s mission. State officials noted that it would be costly to  change department databases to collect information specific to individuals  applying for visas who are in the TSDB, but the department is working  with TSC on a process to make these data more readily available through  other means. State is also partnering with other agencies to develop a  new, more automated process for reviewing visa applications that is  intended to be more efficient than the current process. The new process  is also intended to help minimize the inconvenience of protracted visa  processing times for applicants incorrectly matched to TSDB records,  among other things.
section_title: Assessing Outcomes and Impacts of Screening and Vetting Agency Programs Could Help Ensure That the Watchlist Is Achieving Intended Results
paragraphs: Since the December 2009 attempted attack, agencies have taken actions  to strengthen their respective processes for screening and vetting  individuals against TSDB records. However, no entity has acknowledged  that it is responsible and accountable for routinely conducting  governmentwide assessments of how agencies are using the watchlist to  make screening or vetting decisions and related outcomes or the overall  impact screening or vetting programs are having on agency resources  and the traveling public. Also, no entity is assessing whether watchlist- related screening or vetting is achieving intended results from a policy  perspective, or if adjustments to agency programs or the watchlisting  guidance are needed. Further, no entity is routinely collecting and  analyzing data needed to conduct such governmentwide assessments  over time. According to the TSC Director, conducting such assessments  and developing related metrics will be important in the future.
The actions screening and law enforcement agencies have taken since  the attempted attack have resulted in more individuals in the TSDB being  denied boarding flights, being deemed inadmissible to enter the United  States, and having their U.S. visas revoked, among other things. These  outcomes demonstrate the homeland security benefits of watchlist-related  screening or vetting, but such screening or vetting and related actions  have also had impacts on agency resources and the traveling public. For  example, new or expanded screening and vetting programs have required  agencies to dedicate more staff to check traveler information against  TSDB records and take related law enforcement actions. Also, any new  or future uses of the watchlist for screening or vetting may result in more  individuals being misidentified as the subject of a TSDB record, which can  cause traveler delays and other inconveniences. Agencies are  independently taking actions to collect information and data on the  outcomes of their screening or vetting programs that check against TSDB  records, but no entity is routinely assessing governmentwide issues, such  as how U.S. citizens and lawful permanent residents are being affected  by screening or the overall levels of misidentifications that are occurring.  Routinely assessing these outcomes and impacts governmentwide could  help decision makers determine if the watchlist is achieving its intended  results without having unintended consequences or needs further  revisions.
Because watchlist-related screening or vetting is a governmentwide  function, any effort to assess the overall outcomes and impacts must be  an interagency effort. The federal government has established  interagency working groups to address screening and related issues.  However, according to agency officials we contacted, these groups have  not conducted governmentwide assessments because they have been  focused on implementing new or expanding screening or vetting  programs and revising related policies and procedures, among other  things.
Similar to watchlisting issues, in August 2011, a representative of the  National Security Staff informed us that the Information Sharing and  Access Interagency Policy Committee recently began performing an  assessment to support its oversight of new screening processes. The  representative noted that the depth and frequency of specific reviews will  vary as necessary and appropriate. The staff did not provide us details on  these efforts, so we could not determine to what extent the assessments  will be routine or involve collecting and analyzing data needed to conduct  such governmentwide assessments over time. As discussed previously,  the President tasked the Assistant to the President for Homeland Security  and Counterterrorism to be responsible and accountable for ensuring that  agencies carry out actions to strengthen the watchlisting process after the  December 2009 attempted attack. As such, the Assistant to the President  may be best positioned to ensure that governmentwide assessments of  the outcomes and impacts of agency screening programs are conducted.
According to Standards for Internal Control in the Federal Government,  ongoing monitoring of programs and activities should occur during the  course of normal operations. These standards also note that performance  data on agency programs be available as a means to hold public service  organizations accountable for their decisions and actions, including  stewardship of public funds, fairness, and all aspects of performance.
Routine, governmentwide assessments of screening agency programs  could help the government determine if the watchlist is achieving its  intended results, identify broader issues that require attention, and  improve transparency and provide an accurate accounting to the  Executive Office of the President and other stakeholders, including  Congress, for the resources invested in screening processes.
section_title: Conclusions
paragraphs: The attempt on December 25, 2009, to detonate a concealed explosive  on board a U.S.-bound aircraft highlights the importance of the U.S.  government placing individuals with known or suspected ties to terrorism  on its watchlist. The Executive Office of the President’s review of the  attempted attack found that the U.S. government had sufficient  information to have uncovered and potentially disrupted the attempted  attack, but shortcomings in the watchlisting process prevented the  attempted bomber from being nominated for inclusion on the watchlist.  The July 2010 Watchlisting Guidance includes changes that were  intended to address weaknesses in the nominations process. Since the  guidance was approved, agencies have expressed concerns about the  increasing volumes of information and related challenges in processing  this information. The federal entities involved in the nominations process  are taking actions to address challenges related to implementing the  guidance. However, no single entity is routinely assessing the overall  impacts of the watchlisting guidance or the steps taken to strengthen the  nominations process. Working collaboratively to ensure that the  watchlisting community periodically evaluates or assesses the impacts of  the revised guidance on the watchlisting community could (1) help  decision makers determine if the guidance is achieving its intended  outcomes or needs any adjustments, (2) inform future efforts to  strengthen the watchlisting process, (3) help the watchlisting community  understand longer-term impacts of changes to the watchlisting guidance,  and (4) improve transparency and provide an accurate accounting to the  Executive Office of the President and other stakeholders, including  Congress, for the resources invested in the watchlisting process.
Just as agencies are not routinely assessing the impacts of the revisions  made to the watchlisting guidance or the steps taken to strengthen the  nominations process, no single entity is routinely assessing information or  data on the collective outcomes or impacts of agencies’ watchlist  screening operations to determine the effectiveness of changes made to  strengthen screening since the attempted attack or how changes to the  watchlisting guidance have affected screening operations. Routine,  governmentwide assessments of the outcomes and impacts of agencies’  watchlist screening or vetting programs could help ensure that these  programs are achieving their intended results or identify if revisions are  needed. Such assessments could also help identify broader issues that  require attention, determine if impacts on agency resources and the  traveling public are acceptable, and communicate to key stakeholders  how the nation’s investment in the watchlist screening or vetting  processes is enhancing security of the nation’s borders, commercial  aviation, and other security-related activities.
section_title: Recommendations for Executive Action
paragraphs: To help inform future efforts to strengthen watchlisting and screening  processes, we recommend that the Assistant to the President for  Homeland Security and Counterterrorism establish mechanisms or use  existing interagency bodies to routinely assess how the watchlisting guidance has impacted the watchlisting  community—including its capacity to submit and process nominations  in accordance with provisions in the guidance—and whether any  adjustments to agency programs or the guidance are needed, and whether use of the watchlist during agency screening processes is  achieving intended results, including whether the overall outcomes  and impacts of screening on agency resources and the traveling  public are acceptable and manageable or if adjustments to agency  programs or the watchlisting guidance are needed.
section_title: Agency Comments
paragraphs: We provided a draft of the classified version of this report for comment to  the National Security Staff; the Office of the Director of National  Intelligence; the Departments of Defense, Homeland Security, Justice,  and State; and the CIA. In its written comments, DHS noted that it  appreciated the report’s identification of enhancements the department  has made to several screening programs to address vulnerabilities  exposed by the December 25, 2009, attempted attack, including actions  taken by CBP and TSA. DHS also noted that it is committed to working  with interagency stakeholders, including the Interagency Policy  Committee, to ensure that its use of the watchlist in its screening  programs is achieving intended results. DHS also provided technical  comments, in addition to its written comments. National Security Staff; the  Office of the Director of National Intelligence; and the Departments of  Defense, Justice, and State did not provide written comments to include  in this report, but provided technical comments, which we have  incorporated in this report where appropriate. The CIA did not provide any  comments.
We are sending copies of this report to National Security Staff; the  Attorney General; the Secretaries of the Departments of Defense,  Homeland Security, and State; the Directors of National Intelligence and  Central Intelligence; and appropriate congressional committees. This  report is also available at no charge on the GAO website at  http://www.gao.gov.
Should you or your staff have any questions about this report, please  contact Eileen R. Larence at (202) 512-6510 or larencee@gao.gov. Key  contributors to this report are acknowledged in appendix V. Contact  points for our Offices of Congressional Relations and Public Affairs may  be found on the last page of this report.
section_title: Appendix I: Objectives, Scope, and Methodology
subsections: section_title: Objectives
paragraphs: Our reporting objectives were to determine (1) the actions the federal  government has taken since the December 25, 2009, attempted attack to  strengthen the watchlist nominations process, the extent to which  departments and agencies are experiencing challenges in implementing  revised watchlisting guidance, and the extent to which agencies are  assessing impacts of the actions they have taken; (2) how the  composition of the watchlist has changed as a result of actions taken by  departments and agencies after the attempted attack; and (3) how  screening and law enforcement agencies are addressing vulnerabilities  exposed by the attempted attack as well as the outcomes of related  screening, and to what extent federal agencies are assessing the impacts  of this screening.
section_title: Scope and Methodology
paragraphs: In general, we focused on the federal entities that were tasked by the  Executive Office of the President to take corrective actions after the  attempted attack: the Department of Homeland Security (DHS);  Department of Justice’s Federal Bureau of Investigation (FBI) and  Terrorist Screening Center (TSC); Department of State (State);  Department of Defense; Office of the Director of National Intelligence’s  National Counterterrorism Center (NCTC); Central Intelligence Agency  (CIA); and Executive Office of the President’s National Security Staff.
subsections: section_title: Watchlist Nominations Process
paragraphs: To determine actions the federal government has taken to strengthen the  watchlist nominations process, we analyzed postattack government  reports, including reports issued by the Executive Office of the President  and the Senate Select Committee on Intelligence. We analyzed the  Watchlisting Guidance that was approved in July 2010 and compared it to  the February 2009 watchlisting protocol—the last version that was  published before the attempted attack—to identify changes that were  intended to strengthen agencies’ abilities to nominate known or  suspected terrorist to the watchlist. We interviewed officials from five  entities that nominate individuals for inclusion on the terrorist watchlist, as  well as NCTC’s Deputy Director for the Terrorist Identities and TSC’s  Director. We also met with officials from the Executive Office of the  President’s Information Sharing and Access Interagency Policy  Committee and its Subcommittee on Watchlisting, which provides an  interagency forum to which agencies can bring watchlist-related issues for  discussion and resolution.
To identify to what extent agencies are experiencing challenges  implementing changes to the watchlisting guidance, we analyzed data  and documentation provided by seven federal entities involved in the  nominations process—such as nominations data for the period January  2009 through May 2011—as well as the congressional testimony of  NCTC, TSC, and FBI leadership and program directors. We also interviewed the watchlisting unit directors and program staff at each of the  five nominating agencies, NCTC’s Deputy Director for the Terrorist  Identities, and the TSC Director to discuss their nominations processes,  the number of nominations they send to NCTC, and how, if at all, the  changes to the nominations process have created challenges for each  agency.
To determine to what extent agencies are assessing for the impacts of  the actions they have taken, we interviewed officials from five federal  entities who participate in the Information Sharing and Access  Interagency Policy Committee’s Subcommittee on Watchlisting and  related working groups.
section_title: Composition of the Watchlist
paragraphs: To identify how the composition of the watchlist has changed since the  attempted attack, we reviewed TSC data from late December 2009  through March 2010 on the number of individuals who were added to  TSC’s Terrorist Screening Database and its subset No Fly and Selectee  lists that are used to screen airline passengers before boarding, and  related efforts to determine whether the individuals should remain on  these lists. To identify broader trends in the size and composition of the  watchlist and subset lists, we reviewed TSC monthly data for 2009 and  2010 on the number of individuals on these lists, including U.S. citizens  and lawful permanent residents. We also determined how the revised  watchlisting guidance has impacted the size of these lists. Further, we  interviewed senior-level officials from TSC and NCTC to identify factors  that contributed to trends in the size of the lists during 2009 and 2010,  and to obtain their perspectives on how changes in the watchlist guidance  had impacted growth in the lists.
section_title: Screening and Law Enforcement Agency Actions
paragraphs: To identify how screening and law enforcement agencies have addressed  vulnerabilities exposed by the attempted attack and how they are  assessing the outcomes and impacts of screening or vetting, we focused  on the departments and agencies that use the watchlist to screen  individuals traveling to the United States—the Transportation Security  Administration (TSA), which screens passengers before they board  aircraft; U.S. Customs and Border Protection (CBP), which inspects  travelers to determine their admissibility into the United States; and State,  which screens individuals who apply for U.S. visas.
To determine agency actions to address vulnerabilities in screening or  vetting and related outcomes, we analyzed TSA, CBP, and State  documentation—such as documents that discuss new or expanded  screening programs—as well as testimonies and inspector general  reports. We obtained data—generally for 2009 and 2010 but in some  cases through May 2011—on how often these agencies have  encountered individuals on the watchlist and the outcomes of these  encounters to help determine what impact changes in agency screening  or vetting procedures has had on operations and the traveling public,  among other things. We also interviewed senior-level officials from these  agencies; these interviews included discussions about how agencies’  screening or vetting procedures have changed since the attempted attack  and how they are assessing the impacts of the changes. Further, to better  understand the impacts of watchlist screening or vetting on the traveling  public, we analyzed data for 2009 and 2010 on individuals who had  inquiries or sought resolution regarding difficulties they experienced  during their travel-related screening or inspection and interviewed DHS  officials who are responsible for providing redress for these individuals.  Regarding federal government efforts to assess the outcomes and  impacts of actions agencies have taken to strengthen screening or vetting  processes since the December 2009 attempted attack, we obtained  information on the extent to which federal monitoring activities and  practices are consistent with GAO’s Standards for Internal Control in the  Federal Government.
To assess the reliability of data on watchlist nominations, number of  watchlist records in databases, and screening outcomes, we interviewed  knowledgeable officials about the data and the systems that produced the  data, reviewed relevant documentation, examined data for obvious errors,  and (when possible) corroborated the data among the different agencies.  We determined that the data were sufficiently reliable for the purposes of  this report. We conducted this performance audit from February 2010 to  May 2012 in accordance with generally accepted government auditing  standards.  to obtain sufficient, appropriate evidence to provide a reasonable basis  for our findings and conclusions based on our audit objectives. We  believe that the evidence obtained provides a reasonable basis for our  findings and conclusions based on our audit objectives.
We issued a classified report on this work in December 2011.
section_title: Appendix II: Overview of the Watchlist Nominations Process
paragraphs: Pursuant to Homeland Security Presidential Directive 6, the Terrorist  Screening Center (TSC) was established to develop and maintain the  U.S. government’s consolidated watchlist—the Terrorist Screening  Database (TSDB)—and to provide for the use of watchlist records during  security-related screening processes. The watchlisting and screening  processes are intended to support the U.S. government’s efforts to  combat terrorism by consolidating the terrorist watchlist and providing  screening and law enforcement agencies with information to help them  respond appropriately during encounters with known or suspected  terrorists, among other things.
TIDE is the U.S. government’s central repository of information on known or suspected  international terrorists and is maintained by NCTC. benefit, false documentation or identification, weapons, explosives, or  training; or are members of or represent a foreign terrorist organization.
In general, nominating agencies submit terrorism-related information to  NCTC to add information to existing records in TIDE as well as to  nominate new individuals to be included in TIDE, with the additional  purpose of nominating known or suspected terrorists to the TSDB.  Nominations are to include pertinent derogatory information and any  biographic information—such as name and date of birth—needed to  establish the identity of individuals on the watchlist.
The FBI provides TSC with information about known or suspected  domestic terrorists. According to the FBI’s Domestic Terrorist Operations  Unit, domestic terrorists engage in activities that (1) involve acts  dangerous to human life that are a violation of the criminal laws of the  United States or any state; (2) appear to be intended to intimidate or  coerce a civilian population, influence the policy of a government by  intimidation or coercion, or affect the conduct of a government by mass  destruction, assassination, or kidnapping; and (3) occur primarily within  the jurisdiction of the United States.
In general, the FBI nominates individuals who are subjects of ongoing FBI  counterterrorism investigations to TSC for inclusion in the TSDB,  including persons the FBI is preliminarily investigating to determine if they  have links to terrorism. In determining whether to open an investigation,  the FBI uses guidelines established by the Attorney General, which  contain specific standards for opening investigations. The FBI also has a  process for submitting requests to NCTC to nominate known or  suspected international terrorists who are not subjects of FBI  investigations.
In accordance with Homeland Security Presidential Directive 6—and built  upon through Homeland Security Presidential Directives 11 and 24—the  TSDB is to contain information about individuals known or suspected to  be or have been engaged in conduct constituting, in preparation for, in aid  of, or related to terrorism and terrorist activities. NCTC and the FBI apply  a reasonable-suspicion standard to determine which individuals are  appropriate for inclusion in the TSDB. Determining whether individuals  meet this standard, however, can involve some level of subjectivity.  NCTC and the FBI are to consider information from all available sources  and databases—including information forwarded by nominating agencies  as well as information in their own holdings—to determine if there is a  reasonable suspicion of links to terrorism that warrants a nomination.
Once NCTC and the FBI determine that an individual meets the  reasonable-suspicion standard and that minimum biographic information  exists, they extract sensitive but unclassified information on the  individual’s identity—such as name and date of birth—from their classified  databases and send the information to TSC. TSC reviews these  nominations—evaluating the derogatory and biographic information, in  accordance with the watchlisting guidance—to determine whether to add  nominated individuals to the TSDB. As TSC adds individuals to the  watchlist, the list may include persons with possible ties to terrorism in  addition to people with known links, thereby establishing a broad  spectrum of individuals who are considered known or suspected  terrorists. Figure 2 provides an overview of the process used to nominate  individuals for inclusion in the TSDB.
Consistent with Homeland Security Presidential Directive 6, to ensure that  watchlist information is current, accurate, and complete, nominating  agencies generally are to provide information to remove an individual  from the watchlist when it is determined that no nexus to terrorism exists.
To support agency screening or law enforcement processes, TSC sends  applicable records from the TSDB to screening or law enforcement  agency systems for use in efforts to deter or detect the movement of  known or suspected terrorists. For instance, applicable TSC records are  provided to TSA for use in screening airline passengers, to U.S. Customs  and Border Protection (CBP) for use in vetting and inspecting persons  traveling to and from the United States, and to State for use in screening  visa applicants. Regarding individuals who are not citizens or nationals of  the United States seeking travel to and entry into the United States,  screening and law enforcement agencies rely on immigration laws that  specify criteria and rules for deciding whether to issue visas to individuals  or to admit them into the country. In many instances, individuals who are  not citizens or nationals of the United States who have engaged in or are  likely to engage in terrorist-related activities may be ineligible to receive  visas or inadmissible for entry to the United States, or both. If a foreign  citizen is lawfully admitted into the United States—either permanently or  temporarily—and subsequently engages in or is likely to engage in a  terrorist activity, the individual, in certain circumstances, may be removed  to his or her country of citizenship. U.S. citizens returning to the United  States from abroad are not subject to the admissibility requirements of the  Immigration and Nationality Act, regardless of whether they are subjects  of watchlist records. In general, these individuals only need to establish  their U.S. citizenship to the satisfaction of the examining officer—by, for  example, presenting a U.S. passport—to obtain entry into the United  States. U.S. Citizens are subject to inspection by CBP before being  permitted to enter, and additional actions may be taken, as appropriate.
section_title: Appendix III: Transportation Security Administration’s Secure Flight Program and Related Activities
paragraphs: This appendix presents an overview of the Transportation Security  Administration’s (TSA) Secure Flight program, which began  implementation before the December 25, 2009, attempted attack and is a  key part of TSA’s efforts to address vulnerabilities that were exposed by  the incident. This appendix also discusses how the program has reduced  the likelihood of passengers misidentified as being on the watchlist and  provides an update on the status of TSA efforts to validate the information  that passengers report when making a reservation that is used in the  watchlist-matching process.
subsections: section_title: Secure Flight Overview
paragraphs: The matching of airline passenger information against terrorist watchlist  records is a frontline defense against acts of terrorism that target the  nation’s civil aviation system. In general, passengers identified by the  TSA as a match to the No Fly List are prohibited from boarding flights to,  from, and within the United States, while those matched to the Selectee  List are required to undergo additional screening prior to boarding such  flights. Historically, airline passenger prescreening was performed by air  carriers pursuant to federal requirements. However, in accordance with  the Intelligence Reform and Terrorism Prevention Act of 2004, TSA  developed an advanced passenger prescreening program known as  Secure Flight that enabled TSA to assume from air carriers the function of  watchlist matching.
Secure Flight is intended to eliminate inconsistencies in passenger watchlist matching procedures  conducted by air carriers and use a larger set of watchlist records  when warranted,  reduce the number of individuals who are misidentified as being on  the No Fly or Selectee lists,  reduce the risk of unauthorized disclosure of sensitive watchlist  information, and  integrate information from DHS’s redress process into watchlist  matching so that individuals are less likely to be improperly or unfairly  delayed or prohibited from boarding an aircraft.
In January 2009, the Secure Flight program began initial operations— assuming the watchlist-matching function for a limited number of  domestic flights for one airline—and subsequently phased in additional  flights and airlines. TSA completed assumption of this function for all  domestic and international flights operated by U.S. air carriers in June  2010 and completed assumption of this function for covered foreign air  carriers flying to and from the United States in November 2010.
section_title: Secure Flight Has Reduced Misidentifications
paragraphs: Since the December 2009 attempted attack, TSA has completed its  assumption of the watchlist-matching function from air carriers—under the  Secure Flight program—which has reduced the likelihood of passengers  misidentified as being on the watchlist. According to TSA data, Secure  Flight is consistently clearing over 99 percent of passengers automatically  (less than 1 percent of passengers are being misidentified as being on  the No Fly List or Selectee List). When misidentifications occur, a  passenger may not be able to print a boarding pass from a computer or  an airport kiosk. Rather, the individual may have to go to the airline ticket  counter to provide identifying information that is used to determine if the  person is a positive match to the No Fly List or Selectee List. Before  Secure Flight, more passengers had to go through this process to verify  their identities, since each airline conducted watchlist matching differently  with varying effectiveness.
The Secure Flight program increases the effectiveness of watchlist  matching, applying an enhanced watchlist-matching system and process  consistently across the airline industry. Under Secure Flight, air carriers  are required to (1) collect full name and date-of-birth and gender  information from airline passengers and (2) be capable of collecting  redress control numbers from passengers.helps reduce misidentifications. According to TSA, Secure Flight is  required to submit an annual report to the Office of Management and  Budget certifying that the program has met its baseline goal for reducing  misidentifications.
Further, people who have been denied or delayed airline boarding, have  been denied or delayed entry into or exit from the United States at a port  of entry or border crossing; or have been repeatedly referred to additional  (secondary) inspection can file an inquiry to seek redress. After  completing the redress process—which includes submitting all applicable  documents—an individual will receive a redress control number that may  facilitate future travel. For example, airline passengers who have  completed the redress process and are determined by DHS as not being  the subject of a watchlist record are put on the department’s list of  individuals who are “cleared” to travel. Using the redress control number  when making reservations for future travel may help to prevent  misidentifications.
To mitigate future risks of performance shortfalls and strengthen  management of the Secure Flight program moving forward, in May 2009,  we recommended that TSA periodically assess the performance of the  Secure Flight system’s matching capabilities and results to determine  whether the system is accurately matching watchlisted individuals while  minimizing the number of false positives, consistent with the goals of the  program; document how this assessment will be conducted and how its  results will be measured; and use these results to determine whether the  system settings should be modified. TSA’s actions discussed below fully  respond to the recommendation we made in our May 2009 report.
TSA has developed performance measures to report on and monitor  Secure Flight’s name matching capabilities. According to TSA, Secure  Flight leadership reviews the daily reports, which reflect quality, match  rate, false positive rates, and other metrics. Reviews are to include  analysis, discussion with program leadership, and identification of  process and data quality improvements to increase efficiency and reduce  possible false positive matches to the watchlist. In addition, DHS  established a multidepartmental Match Review Board Working Group and  a Match Review Board to, among other things, review the performance  measures and recommend changes to improve system performance.  According to TSA, the working group meets on a biweekly basis and the  board meets monthly, or as required, to review working group findings  and to make system change recommendations. For example, the board  has recommended changes in the threshold used for determining whether  an individual is a match to a watchlist record and has decided to  implement additional search tools to enhance Secure Flight’s automated  name-matching capabilities. Furthermore, TSA plans to periodically  assess the extent to which the Secure Flight program fails to identify  individuals who are actual matches to the watchlist.
section_title: Appendix IV: Redress Process for Individuals Experiencing Difficulties during Travel- Related Screening and Inspection
paragraphs: The DHS Traveler Redress Inquiry Program (DHS TRIP) is a single point  of contact for individuals who have inquiries or seek resolution regarding  difficulties they experienced during their travel screening at transportation  hubs—like airports and train stations—or crossing U.S. borders, including watchlist issues; inspection problems at ports of entry; and  situations where travelers believe they have been unfairly or  incorrectly delayed, denied boarding, or identified for additional  screening or inspection at our nation’s transportation hubs.
While serving as the point of contact for the receipt, tracking, and  response to redress applications, DHS TRIP generally refers cases to the  appropriate screening agency for review and adjudication.
subsections: section_title: Changes to DHS TRIP Watchlist-Related Procedures since the Attempted Attack
paragraphs: According to DHS TRIP officials, since the December 2009 attempted  attack, the office implemented a new procedure to ensure that (1) the  office is promptly notified when an individual who is determined by DHS  TRIP as not being the subject a watchlist record—and, therefore, has  been put on the department’s list of individuals who are “cleared” to  travel—is subsequently added to the watchlist and (2) redress applicants  are provided additional information regarding the resolution of their cases.  Prior to the attempted attack, DHS TRIP would conduct electronic  comparisons once each day to ensure that someone who had been  cleared as a result of the redress process had not subsequently been  added to the watchlist. Since the attempted attack, DHS TRIP now  conducts continuous checks (on a 24/7 basis) of cleared individuals  against the watchlist every time the watchlist is updated. According to  DHS TRIP officials, this change provides the office immediate notification  if an individual who is cleared through the redress process is  subsequently added to the watchlist. In turn, DHS TRIP officials can alert  screening agencies more quickly that an individual should not be cleared  if encountered during screening.
Separately, DHS TRIP—at the direction of the Secretary of Homeland  Security and in partnership with the Terrorist Screening Center (TSC),  Departments of Justice and State, Federal Bureau of Investigation (FBI),  and other members of the interagency redress community—has taken  steps intended to help provide transparency to redress applicants  regarding the resolution of their cases.
section_title: DHS TRIP Redress Data and Related Information
paragraphs: According to DHS TRIP data, individuals submitted approximately 32,000  applications for redress during 2009 and 36,000 applications during  2010. The DHS TRIP redress application asks travelers to identify their  areas of concern, but the information collected generally does not allow  DHS TRIP officials to determine if individuals were misidentified as being  on the watchlist. DHS TRIP officials explained that since the application  allows travelers to list multiple reasons for applying—and the individuals  generally do not know why they were subject to additional screening,  inspection, or delay—the office cannot conclude with certainty that being  misidentified as being on the watchlist was the cause of an applicant’s  inconvenience. In late 2009, as part of the rollout of TSA’s Secure Flight  program, several air carriers instituted a public awareness campaign  encouraging travelers to submit redress inquiries if they believed that they  have been misidentified in the past. Finally, DHS TRIP officials noted that  individual screening and law enforcement agencies are in the best  position to understand if their screening and law enforcement systems  and procedures incorrectly identify individuals as matches with watchlist  records. The officials explained that these agencies have access to more  detailed records that would identify reasons for a delay or inconvenience,  including a misidentification to the watchlist.
According to DHS TRIP, less than 1 percent of individuals who apply for  redress have been confirmed matches to the watchlist or have identifying  information (e.g., name and date of birth) that closely matches someone  on the watchlist. In such cases, DHS TRIP forwards the inquiry to TSC for  resolution. TSC data show that the government has procedures in place  to review the information that supports a watchlist record upon receipt of  a redress inquiry and has revised the watchlist status of individuals based  on these reviews. We did not review the effectiveness of these  procedures.
section_title: Appendix V: GAO Contact and Staff Acknowledgments
subsections: section_title: GAO Contact
section_title: Staff Acknowledgments
paragraphs: In addition to the contact named above, Eric Erdman, Assistant Director;  Mona Blake; Jeffrey DeMarco; Michele Fejfar; Lisa Humphrey; Richard  Hung; Thomas Lombardi; Linda Miller; Victoria Miller; Jan Montgomery;  Timothy Persons; and Michelle Woods made key contributions to this  report.