Supplemental Information
TSA FOIA Request 2012-TSFO-00764
The data provided in response to the FOIA request reflects allegations of misconduct involving
Federal Air Marshals (FAMs) over an approximate ten (10) year period of time from November
2002 to early February 2012. All allegations of misconduct must be reported and investigated
pursuant to Agency policy. Therefore, the data includes minor misconduct of an administrative
nature, as well as more serious misconduct. In reviewing the entries, it is important to note that
the recording of allegations into broad categories of misconduct such as “Absent Without Leave”
or “Loss of Equipment” does not necessarily reflect the seriousness of the offense. After a
comprehensive analysis of the entries, it was determined that:
•

42 percent of these cases were closed with a letter of counseling, verbal counseling, or
letter of guidance and direction, none of which are disciplinary actions.

•

13 percent of these cases were closed with no findings of misconduct.

•

7 percent of these cases involved employees who separated from Federal service.

•

37 percent of these cases resulted in disciplinary actions.

To be clear, the vast majority of FAMs are dedicated law enforcement professionals who
conduct themselves in an exemplary manner. TSA and FAMS have taken numerous proactive
measures to create a workplace model built on professionalism, integrity, and accountability with
no tolerance for misconduct. All TSA employees, including FAMs, are subject to the Standards
of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. Part 2635) as well as the
TSA Management Directive No. 1100.73-5, Employee Responsibilities and Code of Conduct.
Additionally, FAMs are subject to policy OLE 1112, Employee Responsibilities and Conduct.
TSA take all allegations of misconduct seriously. In instances when allegations of misconduct
arise, TSA policy requires the prompt and thorough investigation and adjudication of the
allegations. As Law Enforcement Officers, misconduct by FAMs is adjudicated by the Office of
Professional Responsibility (OPR) which issues adverse, disciplinary, and corrective actions
against TSA employees, up to and including removal, for egregious violations that undermine
security interests, pose a threat to TSA employees, the traveling public, or result in significant
monetary loss. As an independent entity, OPR determines the appropriate level of discipline, if
warranted, and holds employees accountable for misconduct. Additionally, all TSA employees,
including FAMs, are subject to recurrent annual vetting, including criminal checks and periodic
security clearance reviews.
TSA and FAMS continually strive to maintain a culture of accountability within its workforce.
Notably, in 2015, as a direct result of internal initiatives, FAMS has seen a significant reduction
in misconduct cases resulting in disciplinary actions compared to the time period covered in your
request.
Like many agencies, proactive efforts cannot prevent all employee misconduct. There are a
handful of employees who betray the trust bestowed upon them. This small group of employees
should not adversely reflect on the vast majority of FAMs who are dedicated and committed to
performing the FAMS mission to protect the traveling public.