TSA Needs to Better Monitor Misconduct Allegations, Audit Finds

Out of the 56,000 personnel that ensure security at about 450 Transportation Security Administration (TSA) regulated airports nationwide, from fiscal years 2010 through 2012, the annual number of misconduct cases by employees increased from 2,691 to 3,408 -- slightly more than 5 percent, according to a congressional audit report released Tuesday. Approximately 9,600 cases of employee misconduct were investigated and adjudicated.

During the time period audited by the Government Accountability Office (GAO), TSA’s Office of Security Operations grew by about 3,200 employees at airports nationwide.

Two offense categories accounted for about half of all cases, GAO found: attendance and leave, which accounted for 32 percent, and screening and security, which accounted for 20 percent.

According to GAO, “Charges for screening and security related incidents pertain to violating standard operating procedures, including not conducting security or equipment checks and allowing patrons or baggage to bypass screening.”

TSA's guidance delineates common employee charges, along with a suggested range of penalties. Forty-seven percent of the cases analyzed by GAO had resulted in letters of reprimand -- which describe unacceptable conduct that is the basis for a disciplinary action -- while 31 percent resulted in suspensions of a definite duration.

Seventeen percent resulted in the employee's removal from TSA, and “the remaining cases covered a variety of outcomes, including indefinite suspensions,” GAO told lawmakers.

Several lawmakers were quick to respond to the audit’s findings.

“TSA touts ‘integrity’ as one of its core values. Yet, [the] GAO report raises troubling concerns about misconduct at our nation’s airports. The report’s findings show that TSA plays fast and loose with its use of recommended penalties for misconduct,” said Rep. Jeff Duncan (R-SC), chairman of the House Committee on Homeland Security’s Subcommittee on Oversight and Management Efficiency.

The Subcommittee on Oversight and Management Efficiency and Subcommittee on Transportation Security will hold a hearing Wednesday on TSA integrity challenges that will examine misconduct by airport security personnel.

TSA Deputy Administrator John Halinski, Stephen M. Lord, director, Forensic Audits and Investigative Services at GAO, and Department of Homeland Security (DHS) Acting Assistant Inspector General for Inspections, Deborah Outten-Mills, are slated to testify.

“When it comes to sleeping on duty, TSA is more likely to give a slap on the wrist through a reprimand letter than the standard penalty of suspension or termination,” Duncan said in an emailed statement Tuesday. “Despite promises of harsh punishments for stealing, some TSA officers keep their jobs and are let off with a letter. These findings show why many Americans have lost respect for the agency protecting our airports.”

Duncan said “TSA has already been publicly scrutinized for its behavior and treatment of the American public, and when Americans hear about ethical misconduct from TSA employees, whether it be theft, neglect of duty, or even abusive language, it makes the problem even worse. Our citizens deserve to be treated with the highest level of respect and professionalism, and TSA’s actions have called that into question.”

“I look forward to examining the GAO report in depth and hearing from TSA on its plans to regain the confidence of the American people,” Duncan said.

Also weighing in was Rep. Richard Hudson (R-NC), chairman of the Subcommittee on Transportation Security. He said in a statement that “TSA has the important responsibility of securing our nation's aviation systems against terrorism. Unfortunately, its image with the American public has been tarnished by cases of theft, harassment, and other misconduct among its employees.”

“While these instances do not represent the majority of TSA employees,” Hudson acknowledged, “they have a direct impact on TSA's relationship with travelers and the overall screening environment. This hearing will provide the opportunity to hear from TSA and GAO about what steps can be taken to reduce employee misconduct, improve consistency in how these cases are handled, and identify new opportunities to promote integrity and professionalism within the TSA workforce.”

As is routine on the part of GAO, a draft of its audit report was submitted to DHS for review and comment. In written comments to GAO on July 18, 2013, DHS concurred with GAO’s recommendations and identified actions taken, under way or plans to implement.

“While TSA has taken steps to help manage the investigations and adjudication process, such as providing training to TSA staff at airports, additional procedures could help TSA better monitor the investigations and adjudications process,” GAO determined. “For example, TSA does not have a process for conducting reviews of misconduct cases to verify that TSA staff at airports are complying with policies and procedures for adjudicating employee misconduct.”

“Without a review process,” GAO said, “it is difficult to determine the extent to which deficiencies, if any, exist in the adjudications process. Further, TSA does not record all misconduct case outcomes, including cases that resulted in corrective action or no penalty, in its Integrated Database (TSA's centralized case management system) because the agency has not issued guidance requiring the recording of all outcomes. Issuing guidance to TSA staff at airports about recording all case outcomes in the database would emphasize management's view of the importance of staff including such information to provide a more complete record of adjudication decisions.”

Congress’ investigative arm also learned that TSA does not have reconciliation procedures necessary to follow up on completed misconduct investigations to ensure TSA has identified all cases requiring adjudication.

Out of a random sample of 50 allegations referred from DHS’ Office of Inspector General (OIG) to TSA in fiscal year 2012, GAO found two were not adjudicated.

As a result of GAO's discoveries, TSA made adjudication decisions on these allegations, one of which resulted in a 14-day suspension for the employee because of disruptive behavior in the workplace.

GAO noted, though, that the results from its workforce sampling “cannot be generalized to the entire population of over 1,300 allegations [that were] referred from DHS OIG to TSA in fiscal year 2012.”

“However,” GAO added, “they raise questions as to whether there could be additional instances of allegations referred to TSA in this population that the agency has not adjudicated. A senior TSA official agreed that establishing reconciliation procedures would help TSA identify allegations of misconduct that require adjudication.”

Following news media reports of allegations of misconduct by TSA employees, including theft, GAO was asked to review TSA's policies and procedures for addressing employee misconduct.

The audit summarized data on TSA employee misconduct cases and the extent to which TSA has taken actions to manage and oversee its investigations and adjudications process.

GAO recommended that TSA establish a process to conduct reviews of misconduct cases to verify TSA staff at airports are complying with policies and procedures for adjudicating employee misconduct, develop and issue guidance to the field clarifying the need for TSA officials at airports to record all misconduct case outcomes in the Integrated Database and develop reconciliation procedures to identify allegations of employee misconduct not previously addressed through adjudication.

Homeland Security Today, By: Anthony Kimery