Congress calls on TSA to review pat-downs as agency backs off crew screening

The days of the Transportation Security Administration’s controversial “enhanced” pat-downs may be numbered.

TSA Administrator John Pistole this morning said airline pilots will be exempted from physical checks at security checkpoints, bowing to pressure from pilot unions and several lawsuits by crewmembers. Earlier this week, the agency modified its pat-downs for children 12 and under after coming under fire from passengers.

Now, in a move that could prompt the TSA to further modify its screening practices, Congress is asking for a time-out.

In a letter to TSA Administrator John Pistole, Transportation and Infrastructure Committee Republican leader John Mica and Aviation Subcommittee top Republican Tom Petri called for a review of the pat-down procedures.

Here’s the letter in its entirety.

Dear Administrator Pistole:

We are writing to express our concerns relating to the Transportation Security Administration’s (TSA) new standard pat down procedures and use of advanced imaging technology (AIT).

While the purpose behind the recent change in procedures is understandable, we have concerns that TSA is not achieving the proper balance between aviation security and the privacy rights of United States citizens.

The new pat down procedures are overly intrusive especially if a legitimate reason for the more probing search has not been established. The use of these procedures should be limited to secondary screening for alarm or anomaly resolution, or for those who have been identified by a Behavior Detection Officer (BDO).

This very invasive process should not be used for primary or random screening ofpassengers and should not be used on children. The TSA’s use of the BDOs also needs to be revamped to more closely resemble the Israeli model; the observation should be conducted up close by those inspecting travel documents and interacting with passengers.

Unfortunately, this is another example of TSA’s reactive, as opposed to proactive, approach to aviation security. TSA is always addressing the last terrorist plot, whether shoe bombs, liquid explosives, computer or toner cartridge bombs, or underwear bombs.

These pat down procedures have been adopted eleven months after the last terrorist incident while alternative plots are being schemed, such as detonating explosives in the hulls of air cargo planes over populated areas. The entire focus of TSA’s efforts to improve aviation security needs to be revisited.

We have received calls from constituents, U.S. citizens, pilots, and airport directors all expressing great concern and opposition to the TSA’s new pat down procedures. The level of public angst is a clear indication that TSA has missed the mark on properly balancing the rights of citizens with the need to screen travelers.

Therefore, we urge you to reconsider the current application of the new screening procedures to ensure proper focus, attention and resources, including technology, are directed to the relatively small number of individuals who pose a tln’eat to aviation security.

While physical screening may be necessary in some cases it is not the only measure to detect threats to aviation security. We need better intelligence; thorough threat analysis; reform of behavior detection processes, beginning with properly trained document checkers; and after numerous Congressional directives, biometric identification must be developed to reduce the number of people requiring physical screening and a more focused physical screening protocol needs to be instituted. Treating every passenger as a suspect or criminal is an inefficient use of scarce resources.

We stand ready to work with the Administration and appropriate Congressional Committees to ensure that TSA refocuses and improves its performance. It is vitally important that aviation be kept secure and safe and civil rights and liberties are protected.

I don’t know if enhanced pat-downs will survive the weekend. What do you think?

Update (1 p.m.): I asked TSA what it thought of the letter. In response, a representative sent me this exchange from Wednesday’s Congressional hearing:

JOHANNS: OK. What’s your next step on this? I must admit, I get the impression that you’re expressing your understanding. I’m thinking nothing’s going to change.

PISTOLE: Well, so if your question is, do I understand the sensitivities of people? Yes. If you’re asking, am I going to change the policies? No, because I think that is what being informed by the latest intelligence, the latest efforts by terrorists to kill our people in the air, no, I’m not going to change those policies.

OK, then.

(Photo: silas 216/Flickr Creative Commons)

  • Erika

    “We have concerns that TSA is not achieving the proper balance between aviation security and the privacy rights of United States citizens.”

    They took the words right out of my mouth.

  • cjr

    I don’t know how you can put it any other way: Pistole is one dumb SOB.

    He sees common sense *now* for not doing this to pilots, but only after defending it several times when there was an uproar?

    This guy isn’t fit for flipping burgers, much less a branch of government.

    I think there’s a good chance the pat downs are gone before National Opt-Out Day. As for the scanners, I expect resistance by TSA to continue.

  • Jennifer Hanuschak

    I hope they do not survive much longer!! There are so many reasons. First of all, the more media coverage about the details of them, the more likely actual terrorists are going to find someway around them anyway. Secondly, what about the people who cannot opt for the body scan (e.g. those in wheelchairs) and have to face those invasive and humiliating pat-downs? Why is there no other option, when able-bodied people have the choice to be scanned? I’ll fly again only when this has come to an end!

  • Sarah Di

    That’s bright. Congress is reasonable and tells them they’re out of hand and he basically ignores everything. TSA has always been more reactive than proactive so it’s nice to see Congress recognizing it for once.

    The fact that airport directors were contacting Congress about the topic could bode very badly for TSA.

  • Chicky

    Ah, I smell desperate bravado in the air in the TSA’s response. They’re on the ropes and they know it. They’re just not going to admit it.
    Pistole needs to remember he is not an island. He answers to other people, and if a senior senator drops a word in the president’s ear and the president, in turn, tells Janet N. to back off, well, Mr. Pistole and his department can just swallow their overinflated egos, drop the “more powerful than thou” attitude and stop groping people in the airports. I can’t wait.

  • frostysnowman

    I’m surprised the airlines aren’t also taking issue with these new procedures. So many people say they’d rather not fly than be subjected to such invasive screening; it could have a direct effect on their bottom lines.

    Good for Congress and power to the people!

  • dvdexter

    I am proud that my Congressman sent this letter to Mr. Pistole. Why doesn’t everyone who reads this ask their own Congressional representatives to do the same?

  • Leslie

    That letter was fantastic. It described the current situation quite accurately. I agree with Chicky – I think Pistole’s days are numbered with this much backlash from the public, especially if Congress gets involved.

  • ruby

    “Unfortunately, this is another example of TSA’s reactive, as opposed to proactive, approach to aviation security.”

    Boo-ya! I’ve always thought this too! Their whole system needs to be revised so that it is, indeed, a proactive one.

  • Zahava Koren

    In response to cjr – Pistole is an SOB, but not dumb. He stands to gain a lot of money when he steps down – see Michael Chertoff.

  • Roger

    Mr. Pistole is stuck in the classic catch 22 – darned if you do, darned if you don’t.

    If another air-related terrorist attack happens, then he will be crucified for not doing enough to stop it. Currently, he’s doing something to help stop it, and he’s being crucified.

    Talk about a crappy job to have.

    As for the dream of a national opt-out day, forget about it. Who is going to voluntarily cause themselves more delay at an airport? Not many.

    Sure, some people traveling for business who aren’t accountable for a wasted ticket when you miss the plane might try it, but those people will cause a back-up that will entice the average Joe to just get in the scanner line because he CAN’T absorb a wasted ticket.

  • DJP

    Remember those Congressman who wrote the letter have their own agenda.

    John Mica has gotten significant contributions from various security firms who would likly get the jobs as screeners if they do as Mica wants and privatise the airport screeners.

    The problem is the policy wont change the system and it makes legal action against a private company as opposed to federal government all that more difficult to do anything.

    If its an agency then they answer to the President, Congress, and more scrutiny by the press. If its a contractor then the only ones they need to answer to are the heads of the House and Senate committees who provide funding for these contracts.

  • http://www.virtualsanity.com/ John Brayton

    I don’t think either the pat-downs or Pistole’s employment will make it far past the weekend.

  • Joe R

    But isn’t it great that we’ve given one man so much power that he can unilaterally stomp on privacy rights, flip off Congress, and still say it’s all for our own good?

    The man has some, that’s for sure!

  • larry

    frostysnowman, regarding your surprise that airlines aren’t expressing their concern, I just saw an interview with Robert Crandall, former CEO of AMR, parent company of American Airlines, and he was none too happy about this situation and explained in great detail why he thinks this policy is extremely stupid and what he thinks would be a better approach to security. Of course, he has always been the one blunt talking airline exec.

  • Joe Farrell

    Both Pistole and Napolitano need to take a real good look around . . . .their boss – the President – the man who controls their employment and at whose pleasure they serve- has not said a thing about this. He has not said that TSA is doing a good job, he has not said that he full supports the TSA’s efforts at airport security – he has not said ** a ** word.

    If my boss was dead silent over a such an obviously detailed and comprehenisve press feeding frenzy over my core role – I’d be more than a little worried . . . .

  • Jeanne in NE

    I’m going to write again to my senator, Mike Johanns, and tell him THANK YOU! for representing my interests.

  • http://www.courier-mta.org Sam Varshavchik

    I’m sure the enhanced pat-downs will survive the weekend. Next week too. The following month too.

    I’m not going to go over my previous rant on this topic; let’s just consider it said again. The current administration is too invested in this security theater. They cannot back down without losing face. The latest development, the exception that’s in the works for the flight crew, will be as far as they will back down.

    The other argument is that the TSA refuses to back down because if they do, and there’s a successful attack, they’ll end up taking the blame for relaxing the security. The problem with that is that nothing that TSA is doing right now is proactive. It’s purely reactive. And not only it is purely reactive, it’s purely theater-reactive. Neither the undie-bomber, nor the shoe-bomber, could’ve possibly been detected by TSA’s new pornoscanners. They only show the exterior outline of your flabby body. It doesn’t take much imagination to figure out where the evidence could possibly be stashed, to avoid any possibility of being detected by the pornoscanners. The groping won’t be able to make much headway, either.

    I just watched Juan Williams grill Pistole on this very subject, a few hours ago. He pretty much asked the same thing, and Pistole had no answer, except the same, rote, talking points how the pornoscanners are the leading edge of technology, blah blah. He was unable to come out and say that the pornoscanners could’ve detected anything, just that there was really really really really really really really really good chance that they would’ve. That’s basically what he said.

    Get used to it. The pornoscanners and the gropers are here to stay. They’re for your own good, you know. For your own safety and security.

    This is a joke, and the joke’s on us. The only possible way to get rid of the pornoscanners and the gropers is a massive boycott. A boycoot as in “not flying”. Only if it starts hitting the bottom lines of the surviving airlines, would sufficient stink be raised and pressure applied by those who have the weight to throw around: the airlines themselves. You, and I, and the rest of the great unwashed; our opinions don’t matter.

  • cjr

    “Currently, he’s doing something to help stop it, and he’s being crucified.”

    If your house is burning down, and you’re dumping buckets of water on the street, you’re not actually doing something to help stop the fire, are you?

    These scans and pat downs are not helping stop terrorist attacks. Not when we TSA spends all of their time and money turning little old ladies and children into sexual assault victims.

  • Janet

    Does anyone remember when the scan machines were supposed to be used only when someone did not not clear the magnetometer? They were supposed to be used as a secondary form of security, not primary. How long did that last? A week? No matter what the TSA does, terrorists will find a way to get around it and then it just makes the rest of us jump through hoops. The first time I saw a police officer frisk a person in the street, I was grateful that I was a law abiding citizen and that I would never have to go through that. Now I feel like a suspect every time I go to the airport. How many middle-aged women 100k flyers have been terror suspects? Grandmas with canes? 87 year old WWII veterans?

  • Deborah

    Kudos to the representatives who wrote and sent that letter. The pressure is on and Pistole will have to back down. The fact that he thinks he doesn’t have to shows he has no regard for authority other than his own.

  • Thomas

    Just read this in the morning paper.

    “WASHINGTON No airport pat-down for the incoming House speaker.

    Today, the GOP’s John Boehner was guided past the metal detectors and hand inspections given to other passengers on his flight home to Ohio.

    Boehner’s spokesman Michael Steel said his boss followed procedures set by Capitol Police and the Transportation Security Administration. Steel said the same rules apply to other congressional leaders.”

    BS !!!!!!!!!

  • Robert

    So, let me get this straight….The TSA Administrator testified in front of a congressional hearing that “no one” is immune from the full body scanner or enhanced pat downs; however, Mr. Boehner is allowed to skirt the safety procedures on his way out of DC. I must conclude that our elected and appointed officials have a “magic Pass”. Where can I get one! Hey Elliott…..this should merit an entirely new discussion on your board. What say you?

  • Christopher Elliott

    @Robert, I agree. Pistole has contradicted himself on numerous occasions. I’d like a magic pass, too.

  • Tom Brollini

    I just posted this on CEs other question about the OPT out day. But, absolutely germain here.

    Ben Franklin said: “Those willing to give up freedom for security will have neither” (or something like that)

    I will NEVER go thru the scanner, & I will vociferously protest ANY search!

    I spent 28 years in the military & was a Marine combat vet in VN. I’m a 63yo fat ol white guy, not a 20 something radical looking arab type. This is BS!!!!

    Here is what needs to be done.

    Profile like Israel!

    Put the military in charge of all security (the Coast Guard is best, they already provide Port Security for the US). It will be cheaper than private firms or the TSA mess. Plus they will be motivated! Also, using the Coast Guard will not violate the Posse Comitatus. Just a slight change to allow non coastal authority.

    Use dogs! They just need to walk up & down the line & can easily pick out any explosive…even stuck up a terrorists butt!(there are some ways to maybe hide some of the smell but to do it they couldn’t carry much, given how much room is in your a..

    ANY, repeat any senior NCO could run any of these security check points better than any one I have seen & I fly quite a bit.

    This government is taking constitutional rights away from us on an ongoing basis, this is the “unlawful” search & seizure right. What’s next?

    The problem is the people are letting them!

    So, this protest, because it is protesting a unconstitutional search, IS A GOOD THING!

    Not only should “everyone” opt out, everyone should be taking pictures of their sexual mollestation searchs.

    Start taking them to court & try to get them prosecuted for mollestation.

    Enough protest & they will back off. Hopefully to initiate some meaningful procedures.

    Let us try to get America back from the socialist left power grabbers.

    SEMPER FI

  • http://www.thetravelinggiraffe.com Crissy

    Initially I was on the fence with the enhanced pat downs. But the more I think about the more outrageous I think they are. First, I think it’s the TSA’s way of getting back at people who are refusing to use the scanners that they think are a solution. Not the screeners actions, but the people at the top of the TSA.

    Next, if you look at what the Supreme Court says is an authorized reason to search someone so invasively it’s when you’re arrested. If you’re suspected of a crime and that you might have a weapon a police officer can check only the area that is deemed threatening, not a full body search. But by refusing these new scanners you’re not a criminal, you’re just treated like one.

    Will the enhanced searches go away this week? I don’t think so, but if this holiday weekend goes badly then I think the uproar will get worse and it will be over soon, as will Mr. Pistole’s career at the TSA. He’s too stubborn to change his mind without finding a new reason to.

  • Mike in NC

    @Tom Brollini

    Bravo sir! Besides the motivation, the military would provide courteous service, and understand what the Constitution means, since they swore to protect it against all enemies, foreign and domestic.

    This former Army Soldier is with this Marine 100%

    Semper Fi! to you. Thank you for your service.

  • frostysnowman

    Larry – thanks for the info about the interview with Robert Crandall. Now the rest of the airline CEO’s need to get on board.

    How does the TSA figure the Speaker of the House or any member of congress is less of a security threat than me? What hypocrites!! That’s a great discussion topic. I hope someone like Anderson Cooper will pick up on it and do some type of special report about it. Either we ALL have to deal with this or NONE of us should have to.

  • http://www.AppelLawOffice.com DebbyNYC

    @ Frostysnowman ..my favorite subject: Hypocrisy! In 1995 after the Murrah Building bombing, they set up metal detectors in all federal bldgs (I was in OKC @ the time and I’m pretty sure McVeigh used a TRUCK to blow up the Murrah bldg, not a Swiss army knife but I digress).. The people who WORK in the bldgs were/are exempt from the scans when they go in and out but us poor visiting attorneys (and this one had at one time a Secret clearance-vetted by the FBi & everything ) had to be checked each and every time. Of course it makes no sense! It didn’t make sense in 1995 and it doesn’t 15 years later. And I predict that in 2025 we’ll be having this same argument but on a different level. Sigh. So long as people with police mentality run the system we will always have a “police state.”

  • Cliff Woodrick

    If the law REQUIRED J. D. Rockefeller, all members of Congress and all TSA members to be patted down – I feel that these gropngs would cease. If fact, after a TSA member feels you up then you get the chance to return the favor.

    I too am a senior citizen having been retired in 1981 from the Navy as a senior Naval Officer after 26 years because I had a heart attack so I agree that it is rather stupid to spend 15 – 20 minutes each time I fly because my new hip and two knees set off the machine.

    I am considering putting on a bathing suit under my clothing and shedding all clothing except for the bathing suit just before the scanner. I wonder if I would still be groped?

    Have a wonderful day – Cliff

  • Duke Nukem

    John Pistole is an idiot! Admittedly it doesnt have the same flair as “Kip Hawley is an idiot”, but otherwise it’d be “John Pistole is an ****ole!!!” It rhymes, LOL!

  • http://futuresentry.com John Ribbler

    Here’s the opinion of Stephen Whitten who is the expert on Interactive Security Technology: “Techno-physiology can stop terrorists NOW!” http://ow.ly/3eo4I

  • Frosty

    John Pistole and TSA is willing to molest americans and even practice pedaphila in order to protect the financial interest of investors who have poured millions into full body scanners, americans have to look no further then michael chertoff former head of TSA who promoted the use of those scanners and is now making millions with the help of john pistole, their is a scandal brewing at TSA which will cost the democratic party dearly in 2012 and republicans as well unless they come clean.