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DIA and TSA – What We Can Do, and What We Can’t

by | 4:30 pm, November 18, 2010 | 6 Comments

I just got off the phone with Holly Woodruff Lyons, who’s a staffer with the US House Transportation Committee.  She was kind enough to spend about 15 minutes with me, discussing Rep. Mica’s letter, and the opt-out program, and was extremely helpful given that she didn’t know me from Adam.

It turns out that private contractors, while quite popular in the places where they are used, still have to obey TSA screening policies, and if TSA decides to put electronic strip-searchers at DIA, there’s no mechanism for DIA to resist.  TSA is responsible for security, not DIA.  This also means that the private contractors almost always are contracted to TSA, not to the local airport authority.  The airport applies for an opt-out, after which the Feds put out an RFP and go through the normal contracting processes.  There are some other models, where the private contractors work for the airports, but they still have to operates federal processes under federal supervision.

The innovations that Mica refers to are operational, not policy, but Mrs. Lyons did note that (not surprisingly) the private companies tend to be more responsive, more willing to open new lines, and more concerned about their public perception that the TSA.  For instance, the handling of heavy bags has led to a higher rate of injury for security workers, and many have subcontracted out baggage-handing to cut down on injuries.  In other instances, the turnover rate at private companies is far lower, further reducing operating costs.

When the TSA tried to run through a study comparing itself to its competition, and – surprise! – found that the competition was less efficient and more expensive, the GAO called them out on it, showing that the cost savings generally resulted from not counting federal pensions, and that sort of thing.  In fact, there’s every reason to believe that operationally, contractors do save money.  Mrs. Lyons has promised to pass along the relevant GAO reports and the studies that validate Rep. Mica’s statements.

We need to remember that the opt-out is a program that was written into the original TSA law, but that Rep. Mica is obviously a strong supporter of it.  Rep. Rogers, who currently heads the Transportation subcommittee of the Appropriations Committee, and it challenging earmark baron Jerry “The Minority-Maker” Lewis (R-CA) for the chairmanship of the whole committee, is also a strong supporter.

Remember, Rep. Mica’s letter was sent before these procedures starting causing a public sensation, so he’s really not referring to them in his letter.  Of course, that doesn’t mean we can’t use the opt-out to reduce the number of TSA employees, and thus its budget, and therefore its bureaucratic position.  Bureaucrats never like to be on the defensive, never like to be in the public eye, and their employees certainly don’t like being The Enemy.

Whether or not this is enough to get them to stop treating us as The Enemy remains to be seen.

Comments

  1.   Sorry, No, Airports Can NOT Opt Out of the TSA | We Won't Fly
      November 19th, 2010 @ 8:21 am

    [...] Joshua at People’s Press talked to a staffer with the US House Transportation Committee. She says that the airport opt out option is not really that. It just means the TSA will subcontract for the employees that work in the given airport. The machines and the procedures will not change. This is privatization, as we currently know it. The government hires a crony to do its job and the crony is even less accountable than the government. [...]

  2.   George Donnelly
      November 19th, 2010 @ 8:30 am

    This was an important piece of investigative work. Thank you. I blogged about it here:

    http://wewontfly.com/sorry-no-airports-can-not-opt-out-of-the-tsa

  3.   NewYorkDan
      November 19th, 2010 @ 11:11 am

    This is why the laws need to be changed. The right legislators need to be convinced to do the right thing. We have an individual vote here. We can vote at the ballot box every few years, or we can vote with our credit cards whenever we travel. Go by Amtrak instead of USAirways.

  4.   Chris Maj
      November 19th, 2010 @ 3:30 pm

    If the goal is to reduce the size of the TSA bureaucracy, then end it altogether, great!

    Another opt-out method is found in H.R. 6416, introduced this week by Republican Rep. Dr. Ron Paul of Texas, for Congress “to ensure that certain Federal employees cannot hide behind immunity.”

    Effectively, this two-page bill, if made law, would opt-out TSA agents and their assignees from federal government immunity, opening the opportunity for local governments to arrest and prosecute those violating the Fourth Amendment as course of their daily employment (as well as other laws regarding sexual molestation, child pornography, personal and confidential medical information, i.e. the same laws everybody else has to follow.)

    The larger concept of immunity as legalized lawlessness can be quite liberating during these dark times in the struggle of the individual against the state.

    Anyhow, I hope you enjoy this practical 4-up PDF flyer I created to help support the “American Traveler Dignity Act of 2010″ (HR 6416): http://www.freedomcorpse.com/flyers/qp_yes_on_hr_6416.pdf

    (It would fit great in the PPC red fist rocket.)

  5.   Sean Paige
      November 20th, 2010 @ 10:19 am

    My name is Sean Paige and I’m a Colorado Springs City Councilman. Readers might be interested in the following press advisory, which I sent our earlier today.

    Press Advisory
    Nov 20, 2010
    Councilman seeks options for replacing TSA at Colorado Springs Airport

    City Councilman Sean Paige on Monday will ask Colorado Springs Airport director Mark Earle to report back on options for using non-TSA security screeners at the city-owned facility.

    “Airports have the options of using non-TSA personnel to perform these functions,” Paige said. “Given the growing public frustration with federal screeners, I think Colorado Springs ought to seriously study the pros and cons of replacing TSA at our airport. I’m not supportive of any change that would in any way jeopardize passenger safety, obviously. But if we can get the same or better security with more people-friendly service, and less TSA attitude, I think we should consider replacing TSA. Other airports have done it, or are thinking of doing it, and I believe we should too.”

    Among the issues Paige will want studied:

    • An objective report on how private screening has functioned at other airports.

    • A closer look at how many U.S. airports have opted out of TSA, and why they’ve done so.

    • How do private sector alternatives work, and what do they cost?

    • The costs versus benefits of opting out.

    • Can COS say “no” to full body scan machines? What are consequences if we do? What sorts of work-arounds exist?

    • Any data available on the effectiveness and attitudes of TSA personnel at COS. Have there been passenger complaints, and what is the nature of those complaints?

    If he can get support for this request from a majority of colleagues, Paige will ask the airport director to report back to City Council with answers and options as soon as possible. Contact Sean Paige at 719-337-0355 or spaige@springsgov.com if you have questions or would like to arrange an interview.

  6.   The TSA, full body scanners, and pat down stories so far - Loss of Privacy
      November 21st, 2010 @ 6:05 am

    [...] and using common sense in the matter. The TSA has always been about the illusion of security and not actually providing any better security. We shouldn’t let our privacy slip away just so a few men can make a couple of bucks off an [...]

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