SoCal, very interesting. Didn't know that. But if you're ab-initio, you're not only training towards your JAA PPL, but simulatenously for your FAA student pilot license as well, aren't you? Wouldn't that close the loophole that you described?
It would be very welcome if you are right, because getting TSA clearance, even if you're only a "category 3 alien" is a hassle, particularly the thing about getting your fingerprints taken at an authorized facility, as there are only four authorized locations in the whole of Europe (or at least there were only four when I had to go through this). You can NOT (or at least, then, could NOT) get this done at a US embassy or consulate, despite the fact that they do have fingerprinting equipment. State Department wouldn't cooperate with Homeland Security. Really. I e-mailed back and forth with the TSA about this but nothing could be done about it. They suggested that I simply drove to Paris (from Amsterdam) to get my prints taken there, as that was the nearest facility. (Amsterdam-Paris is a good five-hour drive, one-way!)
I had my fingerprints taken upon arrival in the US and as a category 3 alien, I was able to start training as soon as the TSA confirmed that they received them. But as a category 1 alien (MTOW >= 12.500 lbs), you can only start training when TSA has cleared you - which might take up to 30 days!