Security Chief Shows Whistleblower Support

Lawmaker Admonishes Top TSA Administrator

Wednesday, October 17, 2007
BY RON MARSICO
Star-Ledger Staff

WASHINGTON -- Under intense grilling from a member of Congress, the head of the U.S. Transportation Security Administration yesterday said agency employees who disclose security problems at the nation's airports should be protected from retaliation by their bosses.

TSA Administrator Kip Hawley insisted his agency encourages its employees to come forward about problems, despite sharp skepticism from Rep. William Pascrell (D-8th Dist.), who said a history of TSA retaliation against its employees showed a need for stronger protections.

The congressman questioned Hawley at a hearing of the House Homeland Security Committee's subcommittee on transportation security, citing cases outlined this weekend in The Sunday Star-Ledger.

Hawley stopped short of endorsing pending legislation that would extend protections under the federal Whistleblower Protection Act to the nation's 43,000 checkpoint and baggage screeners. Currently, they have only limited protections.

"We need to be open and transparent with our work force about our vulnerabilities," said Hawley, who has headed TSA since mid-2005. "Workplace intimidation ... is a sickness, a vulnerability that has to be stopped."

But Pascrell chided Hawley, growing frustrated as the TSA chief pronounced himself unfamiliar with the details of specific cases Pascrell asked about, including a Las Vegas air marshal fired in 2006 for alerting the media to a cost-saving directive that would have reduced the number of marshals on cross-country flights.

"Get familiar with these cases and get back to us. ... This is unacceptable," Pascrell said. "You're supposed to know these things."

Although Pascrell peppered the TSA chief, other members of the committee failed to jump in.

Pascrell also said he was unhappy the agency sent internal affairs agents to Newark Liberty International Airport in October 2006 in an unsuccessful effort to determine the sources of a story that screeners there missed 20 of 22 covert tests.

"The public needs to know, has a right to know what's going on in any airport in this country," Pascrell said. "Don't you agree with that?"

Hawley said he agreed on policy issues, but not test results that could show vulnerabilities at specific airports. He said that is "classified information" that brings the agency's response "into a different realm."

Asked by a reporter after the hearing whether he would seek a review of the cases listed by Pascrell, Hawley responded, "Of course." Pressed about what such a review would entail and how long it might take, Hawley did not respond and walked away.

Pascrell also asked Hawley about legislation by Rep. Henry Waxman (D-Calif.) to cover TSA's 43,000 baggage and checkpoint screeners under the federal Whistleblower Protection Act, while also strengthening limitations in the act itself.

TSA administrative staff, high-level officials and air marshals are covered by the act, while screeners have only limited protection through the U.S. Office of Special Counsel.

"Don't you think they should be protected?" Pascrell asked Hawley, referring to the screeners.

"Yes, no question. We have those protections today," Hawley said.

In an interview during a break prior to Pascrell's questioning, Hawley said TSA has made efforts to let its employees know they can disclose agency shortcomings, noting there are listings on its Web sites about how and to whom official reports may be made.

"You can't do this job if the work force is not trusting of the leadership team," Hawley said. "Chasing after leaks is not a productive activity."

But he said it was important to keep test results like those revealed at Newark Liberty secret. Each day, he said, some 2,500 covert tests are conducted at the nation's airports.

"It would indicate some vulnerability" to terrorists if the results become public, he said. "Our job is to attack the vulnerability before they do and close it."

Ron Marsico may be reached at rmarsico@starledger.com or (973) 392-7860.)
© 2007 The Star Ledger