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Airport Security: AAPD Asks TSA to Uphold Civil Rights

October 6, 2011  |  Power Grid Blog Team

by Jenifer Simpson, AAPD Senior Director for Government Affairs

On October 5, 2011, AAPD met with key staff from the Transportation Security Administration (TSA), the division within the U.S. Department of Homeland Security that focuses on airport security in regard to airline departures. The purpose of the meeting was to learn more about how TSA addresses complaints and concerns by people with disabilities and what is TSA's approach to resolution. AAPD, for instance, has heard several times anecdotal stories about egregious behavior by TSA staff or TSA-contracted staff at some airports and we wanted to learn more how these would be handled now that this office is staffed fully.

Attending the meeting for AAPD were Helena Berger, E.V.P. and Chief Operating Officer and Jenifer Simpson, Senior Director for Government Affairs. Staff from the relatively new TSA Office of Disability Policy and Outreach (ODPO) included Jeremy Buzzell, Senior Policy Advisor (formerly at U.S. Department of Education), Bryan Hudson, Program Analyst (formerly with the Rhode Island Protection & Advocacy Agency for People with Disabilities), and Brewster Thackeray, Senior Policy Advisor (formerly with AARP and NOD).

AAPD learned that ODPO's charge is to address disability policy issues and civil rights/consumer concerns specific to security issues at airports. This would include investigating complaints where people feel wronged or where the rights of people with disabilities have been violated, such as under Section 504 of the Rehabilitation Act or under the Americans with Disabilities Act (ADA).

At the meeting, AAPD learned that TSA's ODPO will resolve complaints and concerns generally within thirty days of receiving a letter, call or email from a consumer. In almost all cases, ODPO will directly respond to the concern and conduct investigatory activities. In some cases, they may forward the concern to the correct legal entity when it is not in their jurisdiction (e.g., it's really a complaint under the Air Carrier Access Act). Where they uncover systemic problems ODPO can advise the appropriate Training, Enforcement or other entities within TSA to take appropriate steps, including working directly with the TSA Customer Service and Support employees at the nation's airports. AAPD was pleased to learn that there is updated Training for TSA employees, with a national curriculum that includes disability topics. AAPD is anticipating a report from TSA-ODPO once it has reviewed the 2010-2011 year of data it has collected about concerns and complaints. We would expect to see description of any steps TSA would take to address the most common concerns – such as about metal implants or about airport practices that generate significant concerns.

Central to TSA ODPO's strategy is to work with disability organizations regularly to provide information – to educate and make aware – about new TSA procedures and technologies used. They are developing more informational Fact Sheets, FAQs and better website information for this purpose. ODPO is also working directly with a coalition of disability organizations which meets quarterly to learn more about how TSA operates and where organizations' can share their concerns directly with TSA officials and with ODPO.

To submit a disability concern, inquiry or complaint to TSA, send an email to TSA.ODPO@TSA.DHS.gov

Or write them directly at Transportation Security Administration, Director, Office of Civil Rights, 601 South 12th Street - West Tower, TSA-6, Arlington, Virginia 20598

When complaining, be sure to include in writing an explanation of the complaint. This should include the name of the airport, your flight information, date/time of the incident, and if possible the name of the employee. The ODPO staff AAPD met with emphasized that the sooner a complaint is made after an incident the better they can resolve it.

For more information on what TSA is saying to people with disabilities, visit http://www.tsa.gov/travelers/airtravel/specialneeds/before_you_go.shtm

Summary information on the Air Carrier Access Act at http://airconsumer.dot.gov/publications/disabled.htm

To file a complaint under the Air Carrier Access Act, go to http://airconsumer.dot.gov/CP_DisabilityandDiscrimination.htm

Lelarn more about TSA's new screening pilot program – PreCheck, a voluntary program to allow expedited security checking -- started Oct. 4 at four pilot airport sites (Hartsfield-Jackson Atlanta International, Detroit Metropolitan Wayne County, Dallas/Fort Worth International and Miami International airports). More on this pilot program at http://www.tsa.gov/press/releases/2011/1004.shtm


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