DHS told to investigate air marshal’s complaint

The Office of Special Counsel has ordered the Homeland Security Department to investigate allegations that the Federal Air Marshal Service failed to adequately guard the identities of agents assigned to protect flights.

In an Aug. 10 letter, OSC said it had ordered DHS Secretary Michael Chertoff to conduct an investigation into April allegations from Frank Terreri, an air marshal, that FAMS authorities ignored marshals' concerns that their identities were not sufficiently protected. This could make flights more vulnerable to terrorist attack, he claimed.

"We have provided the secretary 60 days to conduct an investigation and report back to us," said Karen Gorman, OSC's disclosure unit attorney, in a letter. Gorman added that the response may be "classified or otherwise not releasable by law" and that "agencies may request an extension of the reporting date."

In his complaint, Terreri alleged that FAMS leadership ignored marshals' concerns that their identities were not sufficiently guarded by policies that require them to board planes with flight crews and pilots instead of waiting in line with the other passengers. Other concerns included routinely placing marshals in seats near the cockpit entry, instead of randomly distributing them among passengers.

FAMS and OSC did not return calls seeking comment.

"We have received and are reviewing the letter," DHS spokesman Jarrod Agen said. "Many of the concerns in the letter are out of date. DHS has already taken several steps to address these issues."

Despite OSC's pressing of Chertoff to provide answers to Terreri's complaint, representatives of the Government Accountability Project, a watchdog group that is assisting Terreri, were skeptical that the agency would ultimately take action in the case.

"Generally, the special counsel doesn't like to make politically tough decisions," said Adam Miles, GAP's legislative representative.