Reports: Whistleblower claims TSA botched response to coronavirus

DHS has opened an investigation into some of his allegations.

WASHINGTON — An independent federal watchdog has ordered an investigation into the Transportation Security Administration’s response to the coronavirus, after a whistleblower alleged the agency botched its initial handling of the pandemic when millions of people continued to fly each day, and it is still doing too little to protect travelers and its employees.

The whistleblower, Jay Brainard, the top TSA manager in Kansas, filed his complaint with the Office of Special Counsel, saying the agency’s failures amounted to “gross mismanagement.”

“I and my counterparts have tried to convince them to do what’s necessary to protect the public,” Brainard said in an interview. “I don’t know why they haven’t done it.”

According to a letter shared with the Washington Post, the special counsel’s office told Brainard and his lawyers Thursday it had directed the Department of Homeland Security to open an investigation into some of his allegations, meaning it has determined they are credible.

The TSA has issued new standard operating procedures for protecting against the virus that went into effect last week and has publicly announced changes to its screening procedures. But Brainard and his lawyers at the Government Accountability Project say they contain gaps, including no procedures for handling travelers who appear to be sick, leaving the public in danger.

“We’re very concerned that they’re so weak and incomplete,” said Tom Devine, legal director for the Government Accountability Project. “They’re going to institutionalize the TSA workforce as a major threat for spreading the pandemic.”

The Office of Special Counsel does not conduct its investigations. But once the DHS internal investigation is complete, the office will review it and determine whether the review and any corrective action was reasonable. The office will then share its findings with the president, Congress and the public.

“While OSC has found a substantial likelihood of wrongdoing based on the information you submitted in support of your allegations, our referral to the Secretary for investigation is not a final determination that the allegations are substantiated,” the office wrote to Brainard on Thursday.

Zachary Kurz, a spokesman for the special counsel’s office, said he could not confirm or comment on open investigations. DHS did not respond to a request for comment.

“All guidance from TSA has been in accordance with CDC guidelines,” Lisa Farbstein, a spokeswoman for the TSA, said in an email.

In Brainard’s complaint, memos he sent members of Congress during the spring, and other documents shared with The Washington Post, he describes how the TSA struggled to respond to the coronavirus even as it rapidly spread through its workforce. As early as March 23, agency employees in 11 states had fallen ill and workers in another 30 states were in quarantine, according to a map the agency produced.

As the virus continues to spread, 695 TSA employees have fallen ill; five have died, as has a contractor, the agency says.

In its referral to DHS, the special counsel’s office said the department should investigate Brainard’s allegations the TSA has not provided pandemic-related training, the new procedures don’t require officers to use protective eyeware or use hand sanitizer between passengers, and the agency has not installed plastic barriers to separate officers and passengers.