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Airport Screening Policy: Repression or Discretion

By   Follow Me on Twitter     Message William John Cox       (Page 1 of 4 pages)     Permalink    (# of views)   3 comments

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Google "TSA stupidity" and you will find that almost one-and-a-half million websites have something to say about the subject. If the United States is to avoid another major terrorist attack on its air transportation system without placing greater restrictions on the civil liberties of air travelers, the Transportation Security Administration (TSA) had better get smart.

Everyone who travels by air in the United States has a depressing story to tell about airport screening. Media stories of a gravely ill 95-year-old grandmother forced to remove her adult diaper before being allowed on a plane and viral videos showing terrified children being intimately touched by TSA agents are more than depressing. They are a chilling commentary on the police state increasingly accepted by the American public in the name of security.

Air travelers dare not complain. TSA standards focus additional scrutiny on travelers who are "very arrogant" and express "contempt against airport passenger procedures."

Is such repression the only choice? Or, can TSA officers be trained to exercise the necessary discretion to detect would-be terrorists, while allowing innocent travelers to swiftly and safely pass through screening?

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A reasonable and practical balance in airport security screening policy must be obtained before another terrorist attack results in even greater repression.

Today's TSA

Shocked that poorly-trained airport security guards allowed terrorists armed with box cutters to board and use four passenger airplanes as flying missiles of mass destruction, Congress established the TSA two months after 9-11.

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Fifty thousand Transportation Security Officers (TSO) were quickly hired and rushed through one-week training courses. Although these officers are now federal employees and receive improved training, they are still security guards. Even so, as "officers" of Homeland Security, they exercise great power over the flying public.

TSA transformed contract screening guards into quasi-law enforcement officers and provided uniform training and policies; however, the TSA was organized as a top-down directed organization which allows very little discretion to individual officers. It's "one size fits all" approach to screening results in well intended, but outrageous conduct by its agents.

In an attempt to prevent collective bargaining and to avoid adding Democratic-leaning permanent workers to the federal bureaucracy, the Republican-controlled Congress exempted TSA employees from most federal civil service laws. Instead, the Secretary of Homeland Security and the TSA administrator were given virtually unlimited authority to create a personnel system. This action was to have a number of unintended consequences.

Although legislation has been introduced to bring TSA officers into the federal civil service, the TSA administrator retains absolute control over the personnel system. Exercising this power, administrator John Pistole granted some bargaining rights earlier this year.

While Pistole's order provides greater job protection to officers, it does nothing to improve the existing TSA personnel selection system. As presently constituted, the employment process perpetuates mediocrity and limits the ability of TSA managers to hire and promote the most qualified officers.

Currently TSA job applicants primarily use the Internet to identify job announcements for TSA airport operations at more than 450 airports, complete applications and take an online test to measure their ability to operate screening equipment.

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All English-speaking U.S. citizens over the age of 18 with a high school diploma, a GED, or one year of experience as a security officer or x-ray technician, meet the basic requirements for TSA officers, as long as they are current in their payment of income taxes and child support.

The main problem is that, once applicants meet these minimum requirements and pass a physical examination, drug screening and perfunctory background investigation, they are lumped together with all other applicants in a hiring pool for each job site.

Unlike general civil service rules, there are no ranked lists of the most qualified applicants within these pools.

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William John Cox authored the Policy Manual of the Los Angeles Police Department and the Role of the Police in America for a National Advisory Commission during the Nixon administration. As a public interest, pro bono, attorney, he filed a class action lawsuit in 1979 petitioning the Supreme Court to order a National Policy Referendum; he investigated and successfully sued a group of radical (more...)
 

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