TSA announces final rule for watch list screening

The Transportation Security Administration issued a final rule today under which it will take over the job of screening airline passengers against U.S. government terrorist watch lists. The so-called Secure Flight program is expected to reduce the number of airline passengers incorrectly identified as being on the watch lists. Under the final rule, TSA plans to take over screening passengers, which had been done by the airlines, in early 2009.

Comment on this article in The Forum.An exact date was not announced. "Secure Flight is a critical tool that will further improve aviation security and fix the major customer service issue of watch list misidentifications, a frustratingly common occurrence for travelers under the existing airline-based system," said Homeland Security Secretary Chertoff. "We know that threats to our aviation system persist, and Secure Flight will help us better protect the traveling public while creating a more consistent passenger prescreening process, ultimately reducing the number of misidentification issues."

The announcement was met with mixed reaction from critics such as the American Civil Liberties Union, which has been highly skeptical of the Secure Flight program. The ACLU said the department made improvements in privacy protections, such as its decision to not use commercial data to screen passengers or to assign passengers a risk score. But the ACLU added that significant problems remain with the program.

"One problem is the lack of adequate redress for individuals who are mistakenly matched to the secret government watch lists," the organization said. "Another unresolved problem is that Secure Flight is predicated upon secret, inaccurate government watch lists."

It also is not clear how quickly Secure Flight can be implemented. The department said it will implement the program in phases, with the first phase aimed only at domestic flights. But officials with the International Air Transport Association, which represents major domestic and international carriers, previously told CongressDaily it could take major airlines -- including domestic ones -- six months to come into compliance with the final rule. Another industry official also questioned what will happen if somebody shows up at an airline ticket counter unexpectedly and wants to fly.