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Congressman Burgess responds on TSA's new policies

Michael C. Burgess, the Congressional representative for our little sliver of Texas, has responded to the letter I sent him a week and a half ago expressing my displeasure with the TSA's new imaging and groping "enhanced" pat-down policies. His response is below, in its entirety. I have added emphasis in the fourth paragraph not present in the original.

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Dear Mr. Turner:

Thank you for contacting me to express your concern regarding the security policies of the Transportation Security Administration (TSA). I appreciate hearing from you on this important matter.

As you are aware, the Department of Homeland Security (DHS) recently purchased full body scanners that show the outline of the naked human body and allow TSA to detect high-density bomb-making materials. In response to a large number of complaints from both travelers and employees in the airline industry, DHS instituted a new policy that allows travelers to "opt out" of the digital image scanning. This "opt out" procedure allows for the traveler to step aside and receive a full-body pat-down to check for hidden substances or items on the persons. As a result, TSA and DHS implemented a new "pat-down" procedure that serves as an alternative procedure for those travelers who wish to refuse the full-body scan.

Over the past few weeks, I have received hundreds of phone calls from concerned constituents, and seen news reports of people who are outraged by TSA's invasive full-body scans and "pat-down" procedures that are now used in the name of national security. After recently flying myself and witnessing how invasive these procedures are, as well as the potential for abuse, I am outraged that TSA chose to implement the new rules without consulting with Congress. TSA is charged with protecting our airplanes from the kind of terrorism we saw in the terror attacks on 9/11, but this should not result in an abuse of power and the exploitation of Americans.

Further disconcerting is the fact that Congress voted overwhelmingly to prohibit the TSA's use of full-body scanners as a primary screening method. H.R. 2200, the Transportation Security Administration Authorization Act, contained an amendment to prohibit the TSA's use of full-body scanners as a primary screening method. House Amendment 172 passed overwhelmingly by a vote of 310 to 118, but TSA has ignored this, and plans to deploy over 1,000 machines in use at airports across the country by the end of next year. Although this legislation is awaiting further action in the Senate, the sense of Congress is clear – these invasive methods are not the best use of TSA resources.

In light of our serious concerns regarding the agency's use of invasive tactics, I joined several of my colleagues in Congress to request that the House Homeland Security Committee conduct a hearing on the new TSA procedures. It is unfortunate terrorism from abroad has brought us to this point. Rest assured, I am committed to securing our nations' airlines and preventing another terrorist attack, as well as to protecting your Constitutional rights. Representing an area with several major airports, I have tried to help protect, control, and monitor changes made for better security, without infringing on the very freedoms for which we are fighting. I will continue to support legislation that will strengthen our borders, protect our ports, and help prepare the nation in case of a terror attack.

Again, thank you for taking the time to contact me. I appreciate having the opportunity to represent you in the U.S. House of Representatives. Please feel free to visit my website (www.house.gov/burgess) or contact me with any future concerns.

Sincerely,
Michael C. Burgess, M.D.
Member of Congress