On Thursday, November 29th, consumers had, for the first time, an opportunity to speak to Congress about the Transportation Security Administration (TSA) in front of a formal committee hearing.

Charles Leocha, Director, Consumer Travel Alliance, had the opportunity to speak about the topic, “How best to Improve our Nation’s Airport Passenger Security System Through Common Sense Solutions.” Consumers were represented alongside the Inspector General of the Department of Homeland Security, the General Accountability Office, the International Air Transport Association and the Association of Flight Attendants.

The hearing was before the House Transportation and Infrastructure Committee, Subcommittee on Aviation. Here is Mr. Leocha’s opening statement. There are links to video of the hearing and to the written Consumer Travel Alliance testimony at the end of these remarks.

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Thank you, Chairman Petri, for giving passengers a seat at this hearing.

I will present recommendations that take into account three significant changes in the security landscape since 9/11.

1. Our terrorism watchlist capabilities have improved dramatically. Every American traveler is now screened for every flight. For all intents and purposes, we all should be considered members of PreCheck.
2. All airplane cockpits have been hardened, locked and fortified — even a .44 Magnum shot will not penetrate cockpit doors
3. Passengers, now aware of the possibility of having their plane used as a missile, will not allow terrorists to take over an aircraft.

My name is Charlie Leocha. I am the director of the Consumer Travel Alliance. I have also been appointed to the DOT Passenger Protection Advisory Committee by Secretary LaHood and to TSA’s Consumer Advocacy Subcommittee by Administrator Pistole.

TSA is, frankly speaking, a boogeyman. Checkpoints, intimidating screeners, strip-search machines and pat-downs with no probable cause are dreaded.

Newspaper editors report vitriolic reactions to stories about TSA from the public. Comments go through the roof. A recent story on Huffington Post by Christopher Elliott, our ombudsman, generated more than a thousand comments — a record for his columns.

Worse, TSA is the butt of countless jokes.

Even President Obama joked about TSA pat-downs in the State of the Union address. Last Friday, I heard the Capitol Steps, a popular comedy group in D.C.; perform a parody about how good the “government is about anticipating terrorist events … after they occur.”

TSA is set up like the Maginot Line. This defensive system became a poster child about generals fighting the last war. Plus, it consumed such a large budget that other facets of the defense were underfunded.

Today, TSA finds itself in a similar position — defending against old threats, in some cases threats that no longer exist. In addition, the focus on passenger screening has reduced funding to secure the vulnerable back ends of U.S. airports.

The futility of searches at the airport is best demonstrated by looking at the problems of drugs and weapons in prisons. Even our best efforts at Federal and State maximum-security prisons fail.

If maximum-security prisons can’t do it, it is folly to expect TSA to effectively interdict weapons and explosives from dedicated, trained terrorists.

Here are several of our recommendations. The rest are included in the written testimony.

#1 — Revise the forbidden items list, focus on explosives
Pocket-knives, box cutters, tools, and so on, are no threat and cannot be used to break into the cockpit.

#2 — Decommission all whole-body scanners and go back to metal detectors for primary screening
Radiation effects are not documented and half of the privacy protection software does not function according to TSA itself. These machines have not proven to be better than metal detectors. In fact, they are considered by some to be worse — taking more space and slowing security.

#3 — Dress TSA security screeners in non-threatening uniforms, perhaps, pastel polo shirts.
They are security assistants, not law enforcement officers. Their job is to check identification and make sure the traveling public is safe, not to force citizens into submission. Get rid of the starched shirts, badges and bling.

#4 — The terrorist watchlist already covers all travelers. All names are checked every time we fly.

The new world of total passenger intelligence screening combined with big data make the current invasive and intrusive TSA searches unnecessary. A metal detector will do.

If a terrorist makes it to the airport, with bomb materials, intent on taking down a plane, more than a dozen layers of intelligence have failed.

Years from now, when historians look back at our current TSA experience, they will ask, “What the heck were they thinking?”

Just like overreactions such as the internment of the Japanese during WWII and McCarthyism in the 50s, subjecting the flying public to TSA’s invasive searches will seem unnecessary, unwise and unAmerican.

I welcome any questions.
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Click here for Consumer Travel Alliance written testimony.

Click here more hearing information and the video. Leocha’s five-minute statement and following testimony starts at 1:18:48.

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