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Reid wants to expand whistle-blowers' rights

Senate Majority Leader Harry Reid has called on the Transportation Security Administration to investigate whether Las Vegas-assigned air marshals have been appropriately sanctioned for acts including drunken driving and reckless use of weapons.

Reid, D-Nev., also said he plans to advance legislation strengthening the rights of whistle-blowers in the air marshal service and other federal agencies.


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  • Reid's statements were prompted by a Review-Journal story earlier this month about the Federal Air Marshal Service's Las Vegas office. The story contrasted the apparently light punishments given to misbehaving agents with the severe discipline handed down to marshals critical of agency policy.

    "I believe it is very important for the Transportation Security Administration to fully examine these allegations," the Nevada senator said.

    The Federal Air Marshal Service is the primary law enforcement entity within the TSA.

    Its armed agents help protect commercial flights against terrorist attacks.

    TSA spokesman Nelson Minerly said his agency responds promptly to concerns from Congress, but he said incidents highlighted in the Review-Journal were "the isolated actions of a very few over the course of many years."

    The newspaper found that, since 2001, at least six air marshals assigned to Las Vegas have been criminally or internally investigated for misconduct.

    Minerly said all the situations cited by the newspaper were thoroughly investigated and properly resolved.

    He denied that his agency has mistreated whistle-blowers: "The Federal Air Marshal Service maintains a policy of zero tolerance of retaliation in the workplace against an employee for raising a concern or complaint through any established formal or informal process.

    "Any Federal Air Marshal Service employee who in good faith reports waste, fraud, abuse, mismanagement, or a violation of the law or agency policy shall not be subjected to any form of harassment, adverse employment consequences or other form of retaliation."

    P. Jeffrey Black, a Las Vegas air marshal, said he filed 15 whistle-blower complaints against the air marshal service between August 2004 and April 2007.

    "For years, TSA has been telling its employees there is a zero-tolerance policy against whistle-blower retaliation, but for the past four years, I have received nonstop retaliation for my whistle-blower disclosures," Black said.

    Black said things got so bad at one point that he was ordered by his superiors to paint walls and have cars washed at the agency's local field office.

    Last month, Black, who is president of the Nevada chapter of the Federal Law Enforcement Officers Association, met with Reid on Capitol Hill to discuss whistle-blower protection legislation.

    Danielle Brian, executive director of the Project on Government Oversight, a Washington-based advocacy group, said the Review-Journal story about the air marshal service "demonstrates that whistle-blower protections don't really exist for federal employees."

    That's why POGO and more than 100 other groups are urging Congress to finalize new laws that would add teeth to the 1994 Whistleblower Protection Act.

    The House and Senate have been trying to resolve differences in separate bipartisan bills that each chamber overwhelmingly passed last year. The goal is to come up with a compromise bill that could be voted on before Congress adjourns this fall.

    Advocates of the legislation say the House bill has elements lacking in the Senate version, including the guarantee of a jury trial for whistle-blowers and whistle-blower protections for FBI and intelligence employees.

    Federal employees who appeal dismissals by claiming whistle-blower protection have their cases heard by the U.S. Merit Systems Protection Board, a quasi-judicial agency that critics say lacks the resources to appropriately rule on often complex matters.

    Very few rulings in recent years have gone in favor of whistle-blowers at any federal agency, according to Rep. Todd Platts, a Pennsylvania Republican who co-sponsored the House whistle-blower protection bill.

    "Unfortunately, we are once again largely back to where we started," Platts said on the House floor last year. "Since the 1994 amendments, 177 whistle-blower cases have come before the federal circuit court; however, only two whistle-blowers have prevailed."

    Tom Devine, legal director of the Government Accountability Project, a Washington-based government watchdog group, said no agency better illustrates the need for stronger whistle-blower protections than the Federal Air Marshal Service.

    He called the agency's management "a lowest common denominator in bureaucratic incompetence."

    "Hopefully, the House and Senate will roll up their sleeves and iron out their differences to get a final bill," Devine said.

    As Senate majority leader, Reid will play a key role in determining the fate of the legislation.

    Reid said he is committed to seeing it pass.

    "I will determine when to bring this important legislation before the Senate, in consultation with Senate sponsors of the legislation and leading whistle-blower advocates," he said.

    President Bush has vowed to veto the bill.

    A statement of Bush administration policy from March 2007 said the House bill "could compromise national security, is unconstitutional, and is overly burdensome and unnecessary."

    It takes a two-thirds vote of both houses to override a presidential veto.

    The House whistle-blower bill passed last year by a vote of 331-94 with Nevada's three representatives all voting in favor of it. The Senate bill passed unanimously.

    Former air marshals who filed whistle-blower complaints are keeping a close eye on what Congress does.

    Robert MacLean was fired from the air marshal service's Las Vegas office for going public in 2003 about TSA plans to temporarily remove agents from cross-country and international flights. He said the American public deserves to know when the government makes bad decisions.

    Following MacLean's disclosure, the plan to cut back on air marshal assignments was scrapped. But MacLean was later fired for revealing what the government deemed to be sensitive security information. He is appealing his dismissal with the Merit Systems Protection Board.

    "I believe I did the right thing," he said. "But until the laws are improved and there are more protections for whistle-blowers, everybody will be afraid to step forward."

    Contact reporter Alan Maimon at amaimon@reviewjournal.com or 702-383-0404.

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    Report abuse

    Sitting-Duck Las Vegas FAM wrote on August 18, 2008 03:47 AM: Black has been an air marshal here in Las Vegas since early 2002, so he should be toward the top of his band (I band) - then factor in the automatic 25% overtime us FAMs get which is called "Law Enforcement Availability Pay (LEAP)"

    $80K - $100K is what the average FAM gets paid here who has over 6 years in:

    http://www.tsa.gov/join/careers/pay_scales.shtm

    FYI: Black is a legend in our office...he fights for us when no one else has the balls to. Speak up around here and you end up flying Southwest Airlines legs all day between California and Arizona or getting fired.

    Lord help us before a terrorist takes out my obese former federal prison guard partner or my useless former screener partner...


    Report abuse

    james wrote on August 17, 2008 11:29 PM: The only thing dingy Harry Reid favors is himself. He should be ashamed to be called a majority leader as he could not lead a pack of wild dogs but then again he may be able to lead Nancy Pelosi around by the nose.. Its way past time for him to retire back in Searchlight if they will have him. That's right Harry blame everyone but yourself for your miserable failures. Drill and drill now.


    Report abuse

    Fellow Patriot wrote on August 17, 2008 11:13 PM: Congratulations Jeffrey and kudo's for Senator Reid for being a strong supporter.

    TSA just lost in a jury trial if I am selected.


    Report abuse

    William Stone and RJReader wrote on August 17, 2008 09:50 PM: William Stone: where on earth did you get your figure for "$90,000+ salaried federal agents" in the TSA painting and washing cars.

    Please provide as much detail as possible.

    Please cite all AM radio references.

    RJReader sez:

    "If you spend as much time at airports as I do, you'll know the substance behind TSA, both literally and figuratively. And since the only radio I listen to is NPR, I didn't hear it there but from gate agents at the airport in San Diego about 6 years ago."

    6 year old hearsay. Very impressive in the objective and researched tradition that Public Radio aspires to.

    If you've spent as much time eating at McDonalds as I have, you'll understand I don't pretend to know what's really going on underneath the Golden Arches.


    Report abuse

    William Stone wrote on August 17, 2008 08:07 PM: <<<[TSA FAMS Spokesman Nelson Minerly] denied that his agency has mistreated whistle-blowers: "The Federal Air Marshal Service maintains a policy of zero tolerance of retaliation in the workplace against an employee for raising a concern or complaint through any established formal or informal process.

    "Any Federal Air Marshal Service employee who in good faith reports waste, fraud, abuse, mismanagement, or a violation of the law or agency policy shall not be subjected to any form of harassment, adverse employment consequences or other form of retaliation.">>>

    <<<[CURRENT Federal Air Marshal] Black said things got so bad at one point that he was ordered by his superiors to paint walls and have cars washed at the agency's local field office.>>>

    I'm glad my tax dollars are being used to have $90,000+ salaried federal agents paint and wash cars...classic.


    Report abuse

    Diogenes wrote on August 17, 2008 07:07 PM: Look in the mirror, Tim.

    By the way, it is spelled video. As I said elsewhere, I correct only those who really show signs of needing help. As for your pitiful efforts to refute me, the Greeks had a word for it, and it involves what comes out of a bull's back end.


    Report abuse

    Tim wrote on August 17, 2008 03:57 PM: diogenie,you hurt my feelings.are you going postal anytime soon?please vidio tape it,so i can see what a loon looks like.


    Report abuse

    RJReader wrote on August 17, 2008 03:49 PM: Hey Thinking for Oneself,

    If you spend as much time at airports as I do, you'll know the substance behind TSA, both literally and figuratively. And since the only radio I listen to is NPR, I didn't hear it there but from gate agents at the airport in San Diego about 6 years ago.


    Report abuse

    Diogenes wrote on August 17, 2008 02:25 PM: Yeah, that's the solution. Get more great public servants like John Ensign, Jon Porter, Jim Gibbons--I'd call them the Three Stooges, but that would insult the memory of three guys far smarter than these three have even dreamed of being.


    Report abuse

    charlie wrote on August 17, 2008 01:07 PM: Las Vegas seems to attract the worst of the worst.
    Harry Reid and Tom Collins are proof enough of that.


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