Air Marshals Seek a Flight Out of TSA to New Agency

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Air Marshals Seek a Flight Out of TSA to New Agency
By Sara Kehaulani Goo
Washington Post Staff Writer
Thursday, June 19, 2003;

A tug of war has started at the Department of Homeland Security over the
Federal Air Marshal Service, the armed undercover agents assigned to
commercial flights. The air marshals want to leave the Transportation
Security Administration in favor of the new Bureau of Immigration and
Customs Enforcement (BICE). Although both agencies are arms of Homeland
Security, the marshals think they have more in common with the many law
enforcement agents at BICE than with the TSA's army of security workers who
monitor X-ray machines and hand-wand passengers at airport checkpoints. But
the TSA wants the marshals to stay, arguing that the agency would suffer a
"significant adverse effect" without them. The proposed move "reeks of
money," said Ivo H. Daalder, a senior fellow at the Brookings Institution
who has studied the new department. "The real reason why this is happening
is that TSA is under significant pressure from Congress to cut costs and
there is a fear within some units of TSA that they will become the victim.
They have to prove their worthiness."

In a sign of its financial constraints, the TSA has proposed to use funds
targeted for the air marshal program to pay for other needs, according to
the House homeland security appropriations subcommittee. The panel
recommended a separate account for the marshals outside the TSA.  Asa
Hutchinson, Homeland Security's undersecretary for border and
transportation security, convened a "working group" in May with
representatives from both agencies to review the air marshal situation. He
said he and Secretary Tom Ridge will make the decision, and Congress will
be notified and weigh in on the proposed change. He could not provide a
time frame.

There are about 6,000 immigration and customs investigators in the new
immigration bureau. Hutchinson said it might make sense to allow the air
marshals to "rotate out" to work in immigration or customs after a period
of service. Similarly, immigrations and customs agents could train to
become air marshals, if needed, he said. He added that he is not
considering diminishing the role of air marshals. "There's some concern
about availability of a career path for the air marshals," Hutchinson said.
"We want to maintain morale and capability over the long term." Daalder
said the marshals are likely the first of several units in the department
that will be shopping around for a more favorable home. "They merged all
these agencies in this mammoth organization and there's a lot of jockeying
back and forth among units over who gets what power, when," he said.

TSA chief James M. Loy said losing the marshals would "have a significant
adverse effect on aviation security," according to his June 11 memo to
Hutchinson. Loy inherited the marshals program from the Federal Aviation
Administration and oversaw its expansion from a few dozen agents who flew
mostly international routes to the thousands of agents stationed in 21
offices around the country and who fly daily. But Thomas Quinn, director of
the air marshal program, favors moving out of TSA, according to air marshal
sources. Quinn has sparred with TSA officials at times over policy issues.
Several months ago the TSA, under pressure from the airlines, proposed
moving air marshals from first-class to coach seats. Quinn opposed this,
arguing that proximity to the front of the plane is part of the strategy to
protect the cockpit.

In the memo, Loy says the marshals are part of the multilayered "system of
systems" in airport security, and they are "critical to TSA's efforts to
collect intelligence data for aviation security." Air marshals need to be
quickly deployed in response to a terrorist threat and the marshals'
headquarters in Atlantic City monitors the routes of commercial airline
pilots who fly with guns in the cockpit. "The [marshals'] mission is
primarily protecting the integrity of an aircraft and its passengers, while
BICE's role is more focused on complex investigations of border or
immigration offenses against criminal organizations," Loy wrote. "These two
functions are significantly distinct and may be incompatible."


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