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Aviation Security: Federal Air Marshal Service Has Taken Steps to Address Workforce Issues, but Additional Actions Needed

GAO-20-125 Published: Feb 12, 2020. Publicly Released: Feb 12, 2020.
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Fast Facts

The Federal Air Marshal Service deploys air marshals to help ensure the security of, and to prevent threats to, civil aviation.

We assessed several air marshal workforce issues. Among other things, air marshals have expressed concerns about schedule unpredictability and sleep deprivation. The Service has guidelines for shift lengths and rest periods but doesn’t monitor if they are followed. Also, although the Service has adopted a plan to help prevent discrimination, it hasn’t fully implemented it.

We made 6 recommendations, including assessing workforce health and renewing focus on preventing discrimination.

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Highlights

What GAO Found

Air marshals continue to express concerns about their health, but the Federal Air Marshal Service (FAMS) has not comprehensively assessed the health of its workforce. Air marshals in all six field offices we visited noted health issues, such as sleep deprivation, as a key quality of life concern. FAMS has taken steps to assess air marshals' individual health, such as requiring medical exams, but has not comprehensively assessed the overall health of its workforce and has not developed a plan to do so. FAMS officials stated that it would be difficult to analyze air marshals' medical records because they are not stored electronically, though they are researching options to do so. FAMS could develop and implement a plan to analyze the employee health data it already collects to identify workforce trends, and use this information to better promote employee welfare consistent with Transportation Security Administration (TSA) leadership principles.

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FAMS has taken some steps to address air marshals' concerns about their work schedules. In March 2018, FAMS revised its deployment strategy to expand coverage of certain high risk missions that it typically learns of 72 hours in advance. Following this, changes to air marshals' schedules to accommodate these missions more than doubled. In response, FAMS altered how it staffs these missions and reports that these modifications have reduced schedule changes. FAMS also maintains shift length and rest period guidelines intended to balance mission needs with air marshals' quality of life. However, FAMS does not monitor the extent to which air marshals' actual work hours are consistent with guidelines because it has not identified a need to do so. As a result, it cannot determine how frequently air marshals work beyond guidelines and is not well-positioned to manage risks associated with long work hours.

From fiscal years 2016 through 2018, FAMS employees filed 230 discrimination complaints with TSA's Civil Rights Division, though employees may have reported additional discrimination complaints through other means. In 2012, FAMS adopted an action plan to address discrimination and has taken some steps called for in the plan, such as sustaining a FAMS Ombudsman position. However, due to a loss of management focus on the plan, FAMS has not fully implemented other planned efforts, such as holding diversity focus groups. Taking steps to reaffirm its efforts to prevent discrimination would demonstrate leadership commitment to reducing concerns of discrimination within FAMS.

Why GAO Did This Study

In the wake of 9/11, terrorists continue to target aircraft and airports, underscoring the ongoing threat to civil aviation and the need for effective security measures. FAMS deploys air marshals on selected flights to address such threats and is a key component of TSA's approach to aviation security. However, longstanding challenges faced by FAMS's workforce could impact its ability to carry out its mission.

GAO was asked to review FAMS workforce issues. This report addresses (1) the extent to which FAMS has taken steps to address air marshals' health concerns, (2) the extent to which FAMS has taken steps to address air marshals' concerns about their work schedules, and (3) the number of discrimination complaints FAMS employees have reported and the extent to which FAMS has taken steps to prevent discrimination.

GAO analyzed TSA and FAMS policies; documentation of efforts to address air marshals' quality of life issues; and FAMS data on missions, schedules, and discrimination complaints. GAO also interviewed TSA and FAMS officials, including FAMS management and air marshals in a non-generalizable sample of six FAMS field offices selected to capture a breadth of perspectives.

Recommendations

GAO is making six recommendations to FAMS, including that it implement a plan to assess the health of the FAMS workforce, monitor the extent that air marshals' shifts are consistent with guidelines, and strengthen efforts to prevent discrimination. DHS concurred with all six recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should identify and utilize a suitable system that provides information about air marshals' medical qualification status. (Recommendation 1)
Closed – Implemented
DHS concurred with this recommendation and has taken steps to address it. As of July 2024, FAMS implemented a new system to track air marshals' medical qualification status and FAMS Medical Program Section staff monitor and update information in the system. According to FAMS officials, FAMS leadership can now request and use information about air marshals' medical qualification status. With this information, FAMS management has a better understanding of its workforce's ability to fulfill its duties and FAMS leadership can more readily identify trends among its workforce and address any problems. This recommendation is closed as implemented.
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should develop and implement a plan to assess the health and fitness of the FAMS workforce as a whole, including trends over time. (Recommendation 2)
Closed – Implemented
DHS concurred with this recommendation and has taken steps to address it. As of August 2024, FAMS has developed and implemented methods to assess the health and fitness of the FAMS workforce as a whole, including trends over time. In 2021, FAMS hired a clinical psychologist and surveyed the workforce to identify job stressors affecting the overall wellness of federal air marshals. Using data from the survey, FAMS produced a health and wellness report that included analyses of the survey results and recommendations. In addition, FAMS officials provided documentation of methods they have used since October 2022 to regularly track injuries among the workforce as a whole, including the number, type, and geographic location of injuries. With this information on the overall health and fitness of the FAMS workforce, FAMS management is better positioned to ensure its workforce is capable of fulfilling its national security mission. This recommendation is closed as implemented.
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should identify and implement a means to monitor the extent to which air marshals' actual shifts and rest hours are consistent with scheduling guidelines. (Recommendation 3)
Open – Partially Addressed
DHS concurred with this recommendation and has taken some steps toward implementing it. As of December 2023 FAMS developed a standard report showing the extent to which air marshals' actual work hours and rest hours are consistent with FAMS's scheduling guidelines. The report contains information for FAMS as a whole and by field office. FAMS officials stated that starting in late 2024, they plan to produce the report regularly and provide it to leadership for review and action. To fully address this recommendation, FAMS will need to use this report to monitor the extent that air marshals' actual work hours and rest hours are consistent with FAMS's scheduling guidelines.
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should provide all air marshals access to scheduling guidelines, including workday length and rest periods. (Recommendation 4)
Closed – Implemented
DHS concurred with this recommendation and in June 2020, FAMS management provided the head of each field office with a summary of the scheduling guidelines, including workday length and rest periods. The Director of FAMS then emailed all staff encouraging them to speak with their supervisors to access the summary and stated explicitly that all federal air marshals have access to the document. With access to the scheduling guidelines, air marshals and supervisors may now be better aware of management's intended balance between mission needs and air marshals' quality of life. Further, they may feel more empowered to request schedule changes that may be needed to ensure air marshals are sufficiently rested to carry out their mission. As a result, this recommendation is closed as implemented.
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should disseminate or otherwise provide supervisory air marshals access to guidance that outlines authorities and procedures for changing an air marshal's work schedule. (Recommendation 5)
Closed – Implemented
DHS concurred with this recommendation and in June 2020, FAMS management provided the head of each field office with a document summarizing supervisory air marshals' roles in the scheduling process. The Director of FAMS then emailed all staff stating that all federal air marshals, including supervisory air marshals, have access to the document. Providing access to these guidelines should improve the ability of air marshals and their supervisors to address quality of life issues related to long shifts and inadequate rest. As a result, this recommendation is closed as implemented.
Office of Law Enforcement - Federal Air Marshal Service The Executive Assistant Administrator / Director of FAMS should take steps to reaffirm and strengthen efforts to prevent discrimination by, for example, updating and following through on its 2012 action plan and renewing leadership commitment to the plan's goals. (Recommendation 6)
Closed – Implemented
DHS concurred with this recommendation and FAMS officials have told us and provided documentation showing steps they have taken to reaffirm and strengthen their efforts to prevent discrimination over a 3 and half year period. For example, in 2020, three FAMS executives and managers joined TSA's 9-person Inclusion Action Committee with the goal of building a more inclusive and diverse TSA workforce. In fall 2020, this committee surveyed TSA employees and held listening sessions to inform a Diversity and Inclusion Roadmap to identify and implement solutions and ensure efforts are sustained. FAMS officials also told us that in January 2020, FAMS created a new position--a Diversity and Inclusion National Coordinator--to assist in building a more inclusive environment by communicating regularly with diversity and inclusion liaisons in all FAMS field offices and headquarters units about training and events related to topics including sexual orientation, race, and gender. A total of 54 FAMS staff from 28 field offices serve as diversity and inclusion liaisons. FAMS's Diversity and Inclusion National Coordinator has developed communications and initiatives to promote diversity and prevent discrimination. Further, as of December 2023, FAMS's performance requirements for all staff include diversity and inclusion elements-such as leadership promoting diversity. Finally, the FAMS Director has held quarterly meetings with law enforcement organizations such as the National Organization of Black Women in Law Enforcement, National Native American Law Enforcement, and Middle Eastern Law Enforcement Officers Association. As a result of these sustained efforts, this recommendation is closed as implemented.

Full Report

GAO Contacts

William Russell
Director
Contracting and National Security Acquisitions

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Sarah Kaczmarek
Managing Director
Office of Public Affairs

Topics

Air marshalsHealth careAviation securityFederal workforceLaw enforcementDiscrimination complaintsQuality of lifeLabor forceEqual employment opportunityDeathsConcept of operationsHomeland securityAviationTransportation securityPhysical fitnessHuman capital managementEmployment discriminationWorkersWorkforce issuesCompensation claimsEqual employment opportunity complaintsCivil rightsPersonnel managementFederal law enforcementAirportsTerrorists