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tv   US Senate  CSPAN  July 8, 2016 6:00pm-8:01pm EDT

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announce a unitary time to review the final conference report without objection and staffing is authorized to make changes to the legislation and without objection in the committee stands adjourned. [inaudible conversations]
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if
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ron [inaudible conversations]
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>> if we invest in a commonwealth the to change the way to deliver education >> there is of body of literature there are certain courses to take that should be in place to be successful in college and that is something i support.
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>> the committee on homeland's security on an oversight and management efficiency in transportation and will come to order the purpose is to examine the findings of the investigation related to misconduct known as uh tsa to be included in the hearing record the chair now recognizes himself for an opening statement. in may 2016 secretary johnson released a new mission statement with honor and integrity to safeguard the american people, our homeland and values i think most would agree this is an unreasonable expectation the american people and expect
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all federal employees especially those charged with the homeland to protect themselves with the integrity of that investigation has found tsa violates the word and the spirit to the degree that is a largely and unconscionable here are the facts of the investigation egregious misconduct of all levels from the bottom to the top that those investigations and the resulting penalties have decreased specifically we found tsa contact with true -- rebels 29% from fiscal year 201335% of airports has increased numbers of allegations
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summer nearly 40 times in fiscal year 2013 we saw a significant increases of integrity and ethics including sexual misconduct these allegations nearly doubled through this period as a 70% jump feeling to follow instructions a 17% jump to facilitate drug and human smuggling we cannot imagine that to this day were sexually assaulting travelers and those her more days supported it that he had a romantic relationship every american should be of rage we're in the highest
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credit environment since then 11 our citizens are under attack from radical islamist terrorist. the terrorist groups remain assessed with civil aviation and just last month the director testified that isis is exploring a variety of means to infiltrate the last thing they need to to be corrupt with airport screeners as it increases. to increase 15% by the very same period use of non disciplinary actions jumped
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80% all disciplinary actions including letters of reprimand increased by 14 percent including termination inclined -- tsa has not this conduct seriously and it's no wonder why employee morale is among the worst we have literally had hearings on the act if they are engaged in adverse contact that reduces their pride and incentive to do the right thing. what tsa has done is a bloated bureaucracy they have related to miss contact
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so what we say is there are multiple offices not like somebody at the top of overseas the whole thing there is a series of different offices for different styles of management and nobody off that seems to be working in control some have staff will devoted to this and others do not think some are engaged in others only stepped in with needed. the metrics show this is a networking. and they are disregarded so
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tsa bureaucratic response has failed and it's failed the american public and the taxpayers we recommend several common-sense that could improve misconduct issues. there cannot be let service and we talked about this to address these findings there needs to be a significant lasted a meaningful reform from the top to bottom you must be placed them every moment they will handle misconduct but there
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safeguarding the lives of travelers and are counting on you answer us to succeed in your mission. that is my statement. >> the key for holding today's hearing talent to make it known we our receiving a copy that the majority staff did without our input for opportunity to see perhaps that could have been helpful but nonetheless i want to think the witnesses for being here and for your testimony will be
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giving the tsa provides security at airports at 450 airports in fiscal year 2015 and 700 million passengers and checked bags it is a significant increase of passenger traffic. to decrease appropriation for transportation security officers and changing procedures with the shortfalls in the nation's airports have increased recently has come under fire in the extravagant bonuses
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paid to those that oversaw security operations while tsa was known to have a lapse high-profile incidents for the front line personnel have day devastating effect that serves the public on a daily basis mitt should be of utmost importance. with the transportation security officers are short staffed and often asked to work multiple shifts. weld they are employees they're not subject to those provisions that include collective bargaining rights and the whistle-blower protection i believe those
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engaged in security screening that is why i never original sponsor the right for transportation and security officers act as has the screening workforce the saving rate setter afforded to most under title five and the gao had examined allegations of misconduct those true offenses account for more than half and screening and security gao found it did not have that
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process to verify if they were qualified with policies and procedures by eight increase by almost 30 percent and i would be interested to understanding the explanation. alone they received approximately from or about the related to allegations of misconduct in included retaliation against whistle-blowers and security failures it is also reported the personnel are afraid to speak up of problems to be unfairly punished or to be reassigned and has been
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described as the biggest bully of the federal government allocations drastically impact though workplace although rank-and-file personnel are disciplined at a much higher rate or with media attention that brings negative attention to the tsa. for six years in a row they saw an overall drop in employee engagement that was ranked one of the worst places to work in the federal government coming in 313 add of 320. dr., to tell the court to hearing from you how tsa plans on better managing the work force starting from the
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top period the changes tsa has implemented particularly the of mechanisms implemented by ross so like to think those zero on the front line every day with the pressure during the july 4th holiday period tsa screened those traveling work times in less than 10 minutes things to program funding tsa can those to address the shortage is i yield back the balance of my time.
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>> said gentleman from new york. >> i do want to applaud those efforts of the tsa front line efforts of course, we cannot stand on the performance that is my hero is on the drive to be the greatest. >> since the creation after the terror attacks as it fails to manage personnel this has included callous allegations of misconduct from the top to bottom as a subcommittee i've invested in and concerned about ensuring that good men and women that protector critical systems every day but only provide with the resources they need with the
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ethical work culture that does not exist in tsa a number of disturbing accounts up for contact with tsa officials as well as front line workers and air marshals have contributed jury discouraging picture struggling to meet the demands for all this at a time we want to face unprecedented threats terrorists have bombed two or three aircraft and their likely inside jobs and of orchestrated frankly this is not the time to be dealing with corruption the administrator for his part instituted the reforms to right the ship.
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the absolute definition of insanity have never had spent is beyond me to see if that has actually stopped despite these efforts more needs to be done to give the american people the response to the reforms if we are entrusting them unfortunately it has pitted it factions of those plaguing the agency mrs. is unacceptable covering up more discouraging perpetuate day dash culture as a direct
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result of the employee's overall those that compromise days security must not be permitted to continue because of this conducting a joint investigation across of tsa workforce of the challenges facing of mismanagement that sufferers of satisfaction levels those ripped end allegations no doubt serve as a contributing factor to low employee morale of those efforts to improve the culture must start with employee misconduct i am
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thoroughly convinced individuals with access is directly tied to the public. those that have excepted drives and smuggle drugs is of serious concern bear on the front lines to improve access controls to ensure their own house is in order held to the high standards. of 42 continuing to work together into the accountable organization. it is with the american people expect and demand that we can create the
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better security of the travelling public. >> the chair acknowledges the absence of the ranking member she cannot be with us if she can attend we will defer to her at that time in opening statements may be submitted for the record weirdest have a distinguished panel of records and statements we have introduced all the witnesses first and then recognize each review for your testimony. >> prior to her appointment two months ago director of domestic nuclear detection of misleading the efforts of nuclear detection m
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beginning her federal career in 2000 working on aviation security technology policy the graduate of university of alabama congratulations. from the ida chest's office of inspector general with allegations of administrative misconduct involving ths employees previously at the criminal division and was assistant united states attorney for the southern district of florida welcome to the committee thinks for being here today that chairmen
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recognizes the doctor for opening statements. >> good morning chairman and the ranking member distinguished members of the subcommittee thank you for the opportunity we appreciate your support to maintain the highest professional standards for the work force to as evidence by the recent attacks with those ted attacks against a gold bull transportation system and is well as extremist by messages of hatred these threats are challenging with the utmost dedication with the front-line officers to senior leaders we're dedicated to giving a supportive environment with
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an emphasis on value and accountability taken into values innovation into the agency core principles focusing on mission to protect the transportation network of highly capable individuals reinvest in their trading to ensure fair personnel practices to identify and hold accountable to see the best individuals but from the terrorist watch list. to ensure though work force continues at security
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mission and a professional foundation we have increased our investments of training and education in program but common foundation will connect the work force through unified culture to strengthen the focus on our mission we have expanded the leadership development opportunities with the executive leadership program .
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>> and appropriate conduct is the responsibility of every employee. all employees are responsible for reporting any suspected violation of law, rule or policy. we investigate all allegations of employee misconduct and show appropriate disposition. our disciplinary policy hold accountability individuals who engage in misconduct by with holding due process rightsand making sure there is equitable treatment. we are exploring ways to improve the practices and reviewing bonus payment procedures for front line officers and have imposed new strict controls on bonuses for senior executives. our approach to leadership is driven by our dedication to our security mission. we are holding our severals accountable it to effectiveness and supporting officers. every day the men and women of
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t.s.a. display passion, patriotism and a sense of duty while performing demanding tasks under difficult circumstances. i thank you for the opportunity to appear before you today and close on the personal request i would like to "ecstatic nation: confidence, crisis, and compromise, 1848-1877" -- eco the shoutouts to the t.s.a. and that is if you would stop and say thank you next time you encounter one i know your your kindness would be appreciated. >> thank you mr. gowadia. the chair recognizes mr. oosterbaan. >> good morning, thank you very much for inviting me to testify about t.s.a. misconduct. my testimony today will focus on the office thereof inspector general's role in investigating misconduct at the t.s.a. and i will discuss examples of our investigations and highlight the importance of whistle blowers to
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our mission. weare charged with detecting fraud and abuse and conducting investigations and audits and recommending policies to promote efficiency and effectiveness. we play a critical role to make sure there is an accountability government. the personal and organizational independence of the investigators free to carry out work out agency officials is essential to maintaining the trust in the ig's work and the workforce of dhs as whole. the american public must fundamentally trust government employees will be held accountable for crimes or misconduct by an independent fact finder. i lead more than 200 criminal investigators in our office of investigations. we investigate acts of criminal, civil and administrative misconduct ininvolving dhs employees, contractors, grantees and programs. they can result in criminal
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prosecution, fines, civil monetary penalties, sanctionss and personal action. we provide oversight and monitor the investigative activity of dhs' internal affairs offices. we receive al gagszs of misconduct through our hot line, website or another component. after sensing an allegation we decide whether to investigate it or refer to the internal affairs office or another agency for thir decision to investigate or take no action. if we decide to investigate we develop evidence seeking to substantiate or not and write a report. we provide our findings to the effective component regarding disciplinary action but we are not involved in that decision. for criminal matters, oig presents investigative findings to the department of justice to determine if judicial action will be pursued.
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in to15, we received 18,000 complaints and initiated 664 investigations resulting in a 104 criminal convictions and 37 personal actions and we are on pace to ix seed these numbers in 2016. the oig has an important role of investigating the integrity of the t.s.a. air force. we received a 1,000 complaints in fiscal year 2015 and investigated 40 of them. based on the seriousness of the allegation, the rank or grade of the individual involved and whether our unique role was necessary to insure the case was handled appropriately. let me give you examples of our t.s.a.-related investigations. as mentioned, in 2015 we initiated a report on the former t.s.a. administrator kelly hogan
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improperly received excessive cash awards recommended by a subordant and our investigation confirmed between november of 2013-2014 mr. hogan was given six 10,000 special awards and seven 8,000 awards in addition to annual performance awards of over 12,000 each for 2013 and 2014. our investigation didn't uncover criminal or administrative wrongdoing it revealed there were inadequate controls over the reward policy and the t.s.a. written policy was unclear. as a result of our investigation, t.s.a. has tightened and clarified policies and practices. some of oig's investigations of t.s.a. personal do involve serious crimes. for instance, we investigated a transportation security officer who conspireed with others to smuggle undocumented aliens through an international airport. he was prosecuted and sentenced
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to ten months of incarceration. and in another case, a conviction of a drug agency helping smuggle drugs in the caribbean. we investigated a supervisor t.s.a. for using cocaine on duty and an elite and both were convicted in state court. and we investigated a t.s.a. for transferring a 14-year-old with intent to commit sexual acts. i want to end by noting the important role whistle blowers play. the employees that step up to tell about wrongdoing are invaluable as are the rules protecting them. we investigated the whistle blower report he was prevented from a super viceer from stopping a former member of a domestic terrorist group from
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using pre-check screening. as a result of the inspection, standard procedures now allow them to use discretion to deny expedited screening and t.s.a. is in the process of changing the program which inappropriately granted pre-check to this traveler. our officers made chances to the whistle blower protection program to encourage reporting of fraud, abuse and insure we have proactive programs that are as good as or better than any other. we have taken important steps importing a senior executive to be the whistle blower and vastly improvered the intake process and obtained certification from the office of city council that we meet statutory requirements. mr. chairman, this concludes my testimony and i look forward to
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your questions. >> thank you. the chair now recognizes himself for five minutes of questions. i must say much of your testimony is troubling indeed but i hope it isn't indicative and we don't think it for the employees but it shows the agrea behavior we are dealing with here. with that, dr. gowadia, the work of nearly 60,000 employees and 450 airports and we are talking about a workforce that allegedly, there is alleged committed misconduct of almost half of the numbers of those employees.
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nearly 27,000. now they are allegations, grant you, but you know, a lot of folks and myself included kind of believe where there is smoke there is fire; right? you know, and then you have to case where 14, 16 and 18 allegations on one or more employees. in fact, 1270 employees have had five or more misconduct allegations filled against them. i wonder in a general sense, i don't know about your private sector experience, you a person of high intellectual and well accomplished but it seems to me there should be one person at the top of t.s.a.'s human capital, their hr department, and there is a series of direct reports whether it is somebody that deals with investigations or benefits and so on and so forth and that cascades down through 60,000 employees so that there is a chain of command and there is accountability at some point the buck stops somewhere.
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i don't see that. i am wondering, i know you have been on the job for two months and we appreciate you being here. like i said, you are a person of high intellect so we have high expectations of you. does that seem incongruent with common sense, and the rest of the real world, or does it seem appropriate for t.s.a. to have this structure of a non-structure if you will? >> thank you for that question, mr. perry. i would like to thank you for acknowledging a large number of these are allegations. i appreciate you making that distinguish. every employee is responsible for his or her own conduct and performance. when it comes to allegations of misconduct or even attendance and leave issues, performance
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issues, it is important that we have a set of people who investigate the allegations, a set of people who will adj adjudicate the findings and a set of people that will implement the recommendations. that doesn't preclude us from coming a central focus point for the implementation of policies and consistent allegation of the policies, affording oversight of the role across the enterprise and you would be hardened to know the administrator has asked me to look at human capital management on an enterprise bases. we will be bringing together the management of the human cap of all workforce under the office of the human capital. we are beginning to take steps in conert with what you said. >> i am glad you are and we will try to establish a timeline post
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this hearing directly with dialogue to determine when we can get together and see what that looks like because i think we are interested to know what the solutions that you gleamed from that is. i want to move on a little and drill down on this multiple in fraction problem. our investigation found some employees had over a dozen allegations of misconduct. for the repeat offenders what do you know about them? what positions do they hold? or did they hold? what types of misconduct are they allegedly involved with? what risk do they pose regarding insider threats? this is a great concern to the flying public. we want to know these things. what can you tell us about, you know, who is looking into these things and so on and so forth about these repeat offenders so to speak. >> chairman perry, when it comes to repeat offenders i don't have
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all of the details on individual cases. but the totality of your service is considered in meeting the discipline or the penalty whenever there is an allegation. we are bringing this to a centralized location. all of the data we collect we will be able to mine, look trends, opportunities to improve, opportunities to provide training and certainly we will work with you as you requested to share what we are finding and what we intend to do to make it so see manage the entire workforce to the high standards you expect of us. >> dr. gowadia, my time expired. i think we will do one more round but you will be interested to note the data we are talking about, it is my understanding, the department didn't know much about the data even though they collected it until our team went in and started asking questions. they frp were not aware of using the data so to speak in
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punishment and judicial action. so that is a great concern. with that, i want to recognize other members as well. so i will recognize ms. watson-coleman. >> thank you, chairman, and thank you doctor for the information you are sharing and to you, mr. oosterbaan. mr. oosterbaan, you work for mr. roth and who does he report to? >> the report report is different than in some contexts. >> who are you accountable to in >> we work fwr the department of homeland security and therefore the secretary. although there is a different reporting that is done for the ig. >> what does that mean? >> that means that our independence is critically important and there is a limited amount of control the secretary has over the ig. >> thank you very much. so there were a thousand
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complaints that were referred with you with regard to t.s.a. of which your office those to take on 40 of those complaints? >> that is correct. >> of those 40 allegations, how many resulted in action? >> i don't have that specific information, i regret. we generally are not involved in that so we generally "do not track" that information. >> all right. so there were 960 other allegations of misconduct that are referred some place else that includes things like -- does that include tardiness and taking leave without permission? >> correct. >> i am sorry, dr.?
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>> yes. >> so those issues are addressed for you to evaluate? >> yes, ma'am. >> all right. to understand that you are significantly understaffed there and have been instances where people had to work back-to-back shifts. >> yes, ma'am. >> do you find that there is any correlation between that phenomena and that understaffing and these tardinesss or leave without permission? >> first, ma'am, i would like very much to thank congress for the reprogramming actions that have allowed us to hire new officers, con vert more from part time to full time status and give us a significant bank of overtime hours so we can mitigate some impact on the
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front line officers. while we have not studied the data sufficiently to give you a one for one correlation is that we have shift work. some officers have to stay late because an airport stays beyond the usual operating time. all of this impacts the atindance and leave. -- attendance. >> thank you. i looked over your sort of guidelines for discipline action which was exhaustive. i recognize there are categories and senses under which we can do a to a person who is threminutes late chronically versus b to a person. i am wondering if this new, sort of first-line supervisory
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training you are investing is going to be helpful to make that distinction better and do you think that would result in less -- loosening allegations of people that are three minutes late. >> i certainly think that training will help them. i know that penalty table you mentioned is a guideline. >> let me just ask one question because -- what do you think we need to do to improve the morale? >> so i think morale improves in many different ways. first, you provide a rallying cry for a workforce. i think our administrators give it to us. we are committed to our security mission, we are committed to ourselves and we invest in our workforce and in everything we do we strive for excellence.
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that is the core basis of how we train, prepare to work, arrive at work what we do every day. in building that core, in affording opportunities for training, career path progression, leadership training for the most junior employees all the way up to making sure senior employees receive adequate leadership training i think you build and support a workforce by making it an environment in which they can grow. i think we are well on our way with the establishment of our t.s.a. academy. >> thank you. my time is up. i think as we have an opportunity to revisit the discussion and see how you are moving in that direction and how successful you are becoming in creating a core which will improve the morale and efficiency and performance issue is something we are interested in exploring. thank you. with that i yield back. >> chair now recognizes the gentleman from new york.
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>> follow up on the last question ms. watson coleman asked. how front line workers receive treatment is important? >> undoubtedly so. >> so when someone is getting thousands in bonuses that is not a good signal to send. >> it isn't which is why it is a practice that has been discontinued at t.s.a. >> it is fair to say with upper management at t.s.a. there have been problem and when the front line people see the problems i think that impacts negatively the morale issue as well as numerous other things. what have you done since getting on the job there to address the issue of upper management, proper performance, and when they mess up making sure they are held accountable as well? the bonuses is one but can you give other examples? >> let me dig into the bonuses issue and the controls the inspector general mentioned that
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we should take into account. so first, a subordnant may no longer award someone an award. >> where did that idea ever come from to begin with? >> it was well before my time and i was in the nuclear world at that time. >> okay. figuring out nuclear equations would be easier than figure out why they had that program. go on >> number two, we capped the award to $10,000 per fiscal year. third the office of human capital has to review the package and finally as deputy administrator i approve the bonuses. they will no longer happen at the rate they used to at t.s.a.
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>> okay. now drilling down further here. at local airports, discipline for the front line workers seems to be handled at the local level and t.s.a. handles the discipline management at the head quarter level. how is t.s.a. working to streamline the processes and procedures and provide consistency across the agency for all levels of employees? >> so as i mentioned earlier, sir, we have taken our first step in that regard. we are bringing the management and the policy and the oversight under one central person office of human capital. of course it is important that we allow our federal security directors and leaders in the field to be empowered to address performance issues and as much as you can at the local level. an empowered workforce is a
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workforce with higher morale. this is why we have going through training, affording our junior leaders new training, and even our most senior leaders are going to the same training. we are beginning to baseline and build the same values and same integrity across the board. >> i applaud that action. does the training include refresher on reporting misconduct? >> indeed. >> with respect to -- you are getting more analytical with respect to how you look at employee misconduct. you are analyzing data more frequently, is that correct? >> yes, we will begin to do so with greater rigor with each passing day. >> as far as that goes, we have not seen evidence the employee misconduct cases are being assessed for trend analysis and
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what is causing the trends to go in certain areas. what are you doing, if anything, to in my opinion bad conduct or pervasive conduct in certain areas? >> my background as an engineer i value data. i do appreciate the data and carefully analyze and it can help you shape the course of an organization. i hope to bring the personal touch to this analysis of the data moving forward. >> one thing i would like to know and perhaps you could follow-up with a written answer is the web-x system in affect for all t.s.a. employee, not just officers. and number two, how are they using that data to insure that people that may have been breaking bad or committing crimes outside of the workforce how are they being dealt with?
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>> we do conduct an an annual bases a criminal history background check on all employees. we conduct random and reasonable suspicious drug testing and lots of recurrent training for staff. and the data you see before is a direct result of colleagues reporting things they see out of place. so i think we have some of that in place. >> the ramp back system would he help. i would like to know if is online, operational, and if not when it will be and how you will use that information. >> i will take that back. >> the chair now recognizes the gentlemen from new jersey, mr. payne. >> thank you, mr. chairman. first, let me say i will be glad to have the opportunity to look
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at this report after the fact. we are just receiving it and that is something that is a bit of a concern but i will have a great opportunity to look at it later. you know, we are here discussing allegations in terms of tso and their ability to do a job properly. let me just say the front line workers in these airports have a job that is of the upmost importance to the flying public to make sure that no harm comes to them during their travel. they work diligently and hard. i think that we need to
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understand that and make sure we let them know we snoerment. there are people not doing the job properly. but there is misconduct and everything. there is misconduct with attorneys, with police, there is misconduct with members of congress and so, we need to just focus on the true issues and not penalize the entire workforce. most of these allegations deal with tardiness and absenteeism but because of the issue around wait times we have an organization that is doing
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double shifts and just really being pushed to the limit so if you do two shifts and go home to rest you just might be three minutes late getting back to the job so we just want to make sure misconduct we are talking about rises to a serious level. also, there is an issue around chicago o'hare airport. and contract workers and two unarmed security guards at
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o'hare were fired because it was said they leaked sensitive information to the press. prior to that firing they made statements about their pay, poor working conditions and poor union organizing activity. they said they had no training to deal with emergencies other than to radio supervisors in case of an event. ... >> >> when it comes to the
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contractors i imagine that i am not familiar with the report that you cited but if i had to take a stab bad it the contractors were probably referring to are from other duties. we certainly have the insider threat at the tsa working with our partners to put into effect as many as possible with as many access points to the sterile area to increase the expectation for every airport worker that there will be screened one or crested - - question to.
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so training across the system that if i may for those of 99 .7% of tsa officers have passed integrity test. over 5,000 test to have that speaks to the integrity that i am very proud to be a part of. >> with time is up before i say that i do reach out and they see them to picking mia close at the cleaners i definitely think them for their service and i yield
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back. >> the latest date for the record all parties of the committee you receive the report that the same time which was yesterday that nobody had any difference so with that now the chairman recognizes just to follow up on the question from the executive service is there a total tab of compensation? >> in concert i do not have that exact number. >> is there a total? >> with that annual base that they could be paid. >> yes. they are paid a performance
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bonus. >> but if somebody is paid $75,000 is there a cap how much over that they could be given? >> that they have to be at 5% at the bonus level that is the starting level beyond that certain dollar value we have to go through the department deputy secretary has to approve that we have a performance review board as to the exact value so would have to get back to you. >> please do. >>. >> but they have responsibility for some part
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to address this misconduct but no one official has been designated all those 20 director ports to do the administrator in nearly 3,000 headquarters that is an awfully big bureaucratic hierarchy is that the best structure to deal with these problems that have been outlined? >> when it comes to misconduct allegations there are different functions when you need dash leadership the all of them do come through of that policy through the administration and myself so
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we do have a structure that is in keeping with of rest of the functions that centralization of the workforce management we are in fairly short order will begin as a central body with the implementation of the up policies. >> i guess that i hear you say you don't have a problem with direct reports? >> he did but the structure and already consolidated those reports under the chief operations officer. was to look to the future we will lazore the findings of your report as we keep evil being tsa -- evil thing tsa.
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>> i would encourage you that it has not been the best role model for that. according to the administrator the reference that earlier today to identify activity that might not be self reported or disclosed however that unidentified criminal activity referred to investigation so please reconcile these two facts if they identify what they are not uncovering? >> as a recreational drug loot the -- drug use in
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those instances they would not catch that but if you were of polygraph you may self report. >> i yield back recognize the gentleman from virginia. >> this is extremely important in my view tsa is an important aspect of national security but we also believe it is viewed by the american people as one of the most mismanaged and ineffective from long wait lines but the interaction between tsa employees than the general public and other issues we will get into an even then on a the wrote job
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very long but my first question is of the numerous allegations and misconduct generally who makes those? the public? who makes most of those allegations. >> and don't have specific information to provide the exact number is all of the above it of course, depends on the nature of the allegations narcotics three the airport came through the confidential informant. >> i concur with everything. >> one of the things i know from working in the military and private business is
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exactly what we see here which is many allegations that could be fought -- could be false and another question regarding the employees that are on the administrative leave generally are they paid? >> i do believe they are fit >> during that similar time from the department of homeland security spend $30 million paying employees to stay home because they were on the administrative leave and some of that was as much as two years and quite often our friends say the biggest problem is a lack of funding but i do think there is $30 million we could use if we could
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adjudicate on up a bigger basis i will be meeting with an ambassador for foreign country over issues of we have been having last year a constituent was put in prison in indiana because when they arrived to work for habitat for humanity was found there was full our bullets in his backpack. he barrault that through his son went through to a checkpoint said was not found when he arrived in india and they were found. right now have a constituent in mexico who is arrested and made it through the tsa checkpoint that he didn't realize was there but was caught as trying to return back to united states and
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was arrested and imprisoned self-employed and has no income at this point. the friend of mine had 12 gauge shotgun shells that he did not realize was there and then with a pair of shears in their pocket they forgot was there. i personally experienced several years ago going to mood washington d.c. a large flat head screwdriver and i made it through checkpoint. we're talking about bonuses for performance? we are lucky these are people who did not have ill intention.
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how is this happening? i noticed a lot of the distances are because when i follow security procedures the technology is not up-to-date? >> call that begins with training you have to prepare your workforce which is why we started the tsa academy with the newly hired officers to receive training and we will continue to give recurring training to our officers. the technology can and will be there and i will tell you with dedication to the security mission is the appreciable of take on a daily basis we found about
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2,200 firearms we continue to work with our staff he may have heard the new innovation not only does it speed up the flow but allows us to give an officer realtime of feedback this helps officers learned working at a checkpoint is a demanding environment so we're continuing to invest in our people as a nation. >> i yield back i am greatly concerned over the bonus issue with of performance of issues to be commensurate.
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>>. >> correction. now you owe me. [laughter] >> think qe2 the chairman for your work over the last six months to put together this report and its findings thanks to both witnesses for being here and the investigative work by your office did hear. now from the benefit of others working with up tyrol as then head of the nuclear detection office and cybersecurity committee i
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will say under your leadership repeatedly received excellent marks and reviews with respect to morocco and its effectiveness so that bodes well and i was pleased to hear about your selection. having said that these are challenging times from the administrator neck injury when he was here a few months ago of us aviation and traffic at the same time terrorists continue to make to make airlines the part of their ideology with its findings all the more troubling it looks like tsa
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employees 60,000 people according to this report of those allegations of misconduct so what had contact allegations within the past year and given a the vast majority that relate to the transportation and security officers those on the front line and that is even more troubling that we have observed universally so one to start with you to say where it can champion is one of the greatest assets
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is it a need for better protocol? initial you to retrain the work force? talk about the academy of better technology? >> with like to reiterate what i said earlier this morning since 2012 we have conducted almost 5,000 inspections of integrity testing at airports 99.7 percent pass rate that is incredibly diligent work
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force we do have issues with the case is thyrsus training in providing a of all the tools they have to succeed beckley year path progression to make sure that technology enables them to do their job is certainly congress for those resources to have afforded us to bring on the right side is staff but also increases performance and overtime hours we will have more canines and better technology and all that complete with training and technologies it cannot just be a single bill to fix
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everything. >> my time is about to expire eire have great confidence and i am pleased so far, the administrator neffenger has approached the job in his short time, just a few short months until the new administration comes so what are your plans with respect to the initiatives and the approaches that you used to fix these issues with the employee misconduct will move forward? >> thank you for your vote of confidence to take this job wetback to the next administration i hope to stay there for a good bit of my career but it has given us a strong foundation.
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consistent training across the board setting us on that path like think he said as off and a fine fashion. >>. >> the chair recognizes the gentleman and. >> thank you for coming. i will go a little off topic i appreciate what you do for our nation my district is for myers and naples right on the water we live and die in tourism would not mind being team players go to chicago is the down season we were kicking up a lot of dust but we want our dogs
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back. everybody is on the record give us our stuff back. we are the youngest child compared to the other big airports but we already have the ecological disaster if we get along lines on top of that that hurts my economy. so please give us our people back when our season comes you can figure out a way to handle your business please. i am pleading with you. home team first. the second thing that i want to bring up nothing to do
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with bad behavior but it is my impression tamayo investigation that albert k. nine program is helter-skelter and it feels like we're understaffed. particular the canines in a crowd and if you look outside of tsa it feels and seems to be spending a lot more time and a lot more money if we could understand those genetics we get a few out with their handler i wish we had more good dogs
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and that some of these problems would not be such a big issue because those jobs are very good. and humans are not as good in my view on some things so a visit we should put more into the dog program. >> that is why we're aiming to get to the passenger screening and many things to congress for helping us. >> will we keep buying those dogs from belgium? or use car? and for the genetics of dogs
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that is effective. >> every beneficial to walking through the full extent how we train the dogs and what it takes with of partnerships that we have it would help you to see all of that at your convenience i will share the information. >> i am worried about my security and my airport they do a very good job and to set up the facility thank you for coming today we appreciate what you do for our country who. >> now we will go for a second round with your indulgence.
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>> tsa uses the disciplined process a stringent penalties that penalty curve half of that is conduct and almost half of that number is repeated the. from those allegations and those multiple infractions. and that suggest this model of increasing penalty is a failure because it is implemented with those increasing penalties with the increasing infractions. >> can you speak to that? that is a concern for us? >> if you look at the raw
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data that vast majority things that can be addressed and administered siesta goes from canceling it would benefit us. >> maybe we have two separate categories to determine the bigger problem that the resources can be extended and i think we get that never also say the integrity of the system depends on everybody doing
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the best that they cannot all times if you can be three minutes late you can be three minutes early then you hold the line up as it cascades we have to have that level of expectation that we have to have that every single time. that reflects that circumstance. >> our contact everything we do to devote enough time to training and retraining from that entire work force that
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we as a team are committed to excellence. >> day you have any thoughts? >> one thing i would note to lack consistency and it sounds like the tsa is adjusting mess we talk about more rao the notion that it is applying discipline consistently. it is to assess the this is correct is the
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administration has missed the mark that attendants could be turned into misconduct so to be a wall is very serious issue and certainly in the military is an issue of life for death i don't want to diminish in that regard or decrease the they are expected to be on the line for the next person or the time spent and that leads to failures. >> undoubtedly. how we prepare for the work how we trade along the way
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he will not get any fights from me on that notion. >> than that adjudications. >> i don't know if i have the terminology correct but to understand from personal integrity somewhere in the 97%? >> so how do i juxtaposed that from those 27,000 allegations? so 99 percent integrity rating if there is an issue with that system is that appropriate? because they say everybody
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has great integrity behalf of the workforce is involved with misconduct. . . undoubtedly. >> related to integrity and 50% relate to attendance and leave. i am not downplaying that. i am not staying that is not an excuse for having a strong, professional workforce which we do have at t.s.a. i came home to be part of a proud workforce.
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gl i am going to return to mr. katco. the gentlemen from new york is recognized. >> in doing your report, i know it is not finished, but i presumed you looked at the access control issue with employee misconduct and i mean employees getting access to security areas of the airport. that is a major concern of mine particularly in light of what happened in istanbul and brussels and places where airports were bombed with inside jobs of bombs smuggled in through corrupt employees.
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so we are concerned about the control issue and passed legislation to that extent which is sitting in the senate and hopefully gets some attention at some point. with that has the background, do you believe t.s.a. is capable of effective oversight of its own employee areas to access and thorough areas of the airport? >> we have -- in our work, we have addressed that to a certain extent and it has given us concern. we expressed that concern and your concerns with regard to the screening that isn't currently being done at the vast majority of airports we don't have a specific position on that but it makes great sense to us. we get screened when we came in the building and screens for people coming to visit us. it seems to make great sense to do it at airports. >> one thing that is particularly concerning to me is a visitor to an airport is
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screened as a higher degree of intrusion than an individual that are entrusted with secure areas of airports. we saw with the drug trafficking case in dallas-fort worth is an example how they exploit that. the extent your report can dress that i would very much appreciate that. now, the last thing i will note is a little off topic. but it is important. i want to note for the record. i was informed multiple airlines are now giving multiple daily flights to the united states and
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cuba and that the process is ongoing and going full speed ahead despite the fact my committee was denied access to look at the airports in cuba. my committee being the transportation subcommittee. that trip to cuba was necessitated on the fact we believed the conduct at the hearing about cuba led to basically stonewalling us about getting the information so we were compeled to go to cuba ourselv ourselves. now we are talking about ten airports opening up and we have no idea what the security levels are. i know you told me that there is charter airlines that have been operating out of there for quite a while. quite a different thing from an occasional stop in cuba to multiple flights with direct flights to the united states. and also i will note that there are many security concerns about that. that is also on the heels of
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what happened with bombings at other airports world wide which i just mentioned. i am very concerned about this, i am very concerned about the lack of transparency coming from t.s.a. on this issue, i am concerned about the fact we were prohibited from going to cuba to make sure the airports are safe enough for people to fly from those airports to the united states. i am very concerned about that. i want to make sure the concerns are on the record because this seems like with this administration it is a run away train and no one is going to be able to stop them from doing it. we will try our hardest to make sure the maerp american people are safe flying to and from airports. there is a lot of work to be done and there are concerns about air marshles allowed on flights, concern about integrity of employees or concerns of if the equipment is consistent or there at all.
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we need that vetted in a private and public setting so americans can decide if they want to go to cuba based on the security concerns. overlaying that with the fact that the communist government of cuba is not working with us and overlay that on the fact cuban passports are showing up all over the middle east, especially in afghanistan, and some people are looking at cuba as a new a gateway into the united states for terrorist. overlay that with the fact that 60 years of hostile relations between the united states and cuba lend to logical conclusions that one or two people in cuba might be really pissed off and mad at us they might do something stupid. so all of those things are of high concern and i would ask you again to convey them to the appropriate people and tell them we need to have access to those airports so we can see for ourselves whether or not they
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are in proper shape to allow american travelers to come. lastly, i note it is our job as oversight and we feel we are not doing our job if we don't get that. i ask you to convey that. >> i certainly will. >> the last thing i will say, the other thing i want to ask about, and perhaps i will wait until next round is the overuse of the security classifications by t.s.a. to shield themselves from discussing unfavorable topics in public. i want to talk about that perp haps if we have another round. >> the chair would like to follow up on his line of questions and it was regarding the good gentlemen from alabama regarding a current vetting screening, testing and the fact other agencies identified criminal activity that t.s.a.
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had missed and i just want to get to understand -- make sure i understand how that is done. there is concurrent kayne westing -- testing of employees. you undergo testing on an annual bases, correct? >> yes, sir. >> is there a variation of that in time or say a different paradigm. let's say you are a two year t.s.a. employee and think you will have another check in june but it happens in september so you can't predict when. that test didn't include a poly graph this year but will next year. that test didn't include a state police background check last
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time but does this time. >> let me clarify. the annual and recurrent piece is vetting against criminal history. the testing happens, drug testing for example, happens on a reasonable sususpicious bases or randomly occurring. >> if you are in the military there is a random -- random mimitary. you may show up one month in a row and then a few days in a row. is that similar to the t.s.a.? >> i don't know the full details but i would imagine the random is as as you mention. >> could you confirm that? >> yes. >> on the other paradigms i
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would like you to delve into that. once you get in, people are people, we have people that are radicalized and influenced by things, dejected, what have you, influenced by blackmail. it seems to me this is critical. this infrastructure we protect. the american flying public that there should be a robust paradigm that is random and varied and covers the full panel so we keep honest people honest. i would like your thoughts and you could get back to me on that as well. let me move on to another questions. to at times, punish those who
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elevate the terms. in june, the t.s.a. reassigned her requiring her to move to work across the country in just three days. are you familiar? if you can, can you explain if this is occurring, how it can occur. >> i would like to reiterate what the administrator said at the hearing that you referenced. an operating agency does need the ability to move people periodically. mission driven, full controlled applie applied, well vetted, is it financially sustainable, etc. when it comes to individual
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cases in the interest of the privacy, it is a discussion we should probably have in a different environment and i would like to present to you offline all of the details we have on that particular case. >> are these permanent reassignments? temporary? both? you know, three days to relocate across the country? i am thinking if ided to relocate in three days -- i had -- i have a family and house and most people do. we understand it is like a military tdy move or another government move there is a robust period of time with the expectation of selling your home and setting up your new home. what is the circumstance there? is there, if you would, do you have any knowledge of it being used as a point of reprisal? has that been done in the past? how do you gauge or monitor so it doesn't happen in the future? >> in this particular instance, we can discuss all of the
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details in the different environments. we use details. we ask on occasion for permanent reassignment. sometimes employees themselves ask for reassignments to be directed to new ones. whatever or whatever the case comes about it is presented to the executive resource counsel, we work through the human capital office and the cfo and make sure the decision is being made in the best interest of the mission while keeping the employee in mind. >> and i do appreciate the mission focus time but maybe we can set-up a time for further discussion because if it does involve particularly employee information that would be appropriate to do that. >> right. i would like to underline oh this practice does not occur as a retaliation measure.
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he is absolutely discontinued that practice. >> since you brought that back up, and if you can in this setting because i don't know if we are devulge operational situations but what is the safeguard to make sure it is not ret retaliation? >> it can no longer be unilateral. up the agency, there is deliberations involved. >> is there a process for readdress for the employee if they feel that it hasn't been correctly ajudicated? is there a process for readdress? maybe the ig knows? >> certainly we would address that if the allegation is raised to us. that would be kind of a classic retaliation case we would investigate. >> do you have a familiar situation with the case or others? >> i am not sure which case we
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are talking about. fair enough. >> at this time i yield to the gentlemen from new york. >> thank you. as we alluded to earlier, there was a hearing a while back about the whole cuba issue. prior to the hearing, many of us staffers, congress men and women, many individuals met with folks in t.s.a. to get briefed on what was going in cuba. based on that briefing we became concerned about the security issues with respect to the cuban airports. at no time during that meeting did anyone from t.s.a. raise any concerns about any of the information they were discussing being of a sensitive, secure, confidential nature. no security classification was ever discussed. we came to the hearing to the discuss the same matters and have public discourse on it and
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immediately that information was designated as being secure sensitive information which we could not discuss in public. it raises the specter we have heard again and again about t.s.a. using the security classifications to avoid having public discussions about concern things that may be unpleasant for them to discuss in public. let me ask you, mr. oosterbaan, did your report look at the overuse of security classification with respect to employee misconduct? >> we have just began at audit on this. we are concerned but it is just starting and i don't have a date yet but it should be relatively soon. >> i am glad to hear it was started because i made a request to the inspector general's office after that hearing. and let me ask you, dr. , has
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there been any concerns about the issues we are speaking about? >> we have asked our staff to be more deliberate and upfront when discussing materials making it clear with whom we are sharing that information that tit is security sensitive information. and to apply wrappers to it so that you know ahead of time what can and can't be discussed. >> now on top of that, not just with respect to this issue but with respect to other security issues where they basically overuse it, in order to not have to talk about unpleasant things with respect to t.s.a. have you looked at the larger issue? >> we have not started that. we will certainly take that into advice and wait for the finding from the inspector general and
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act on what we see. i know you feel the same way about vulnerabilities, aiding and abedding the enemy, is not in the interest of the american public and i appreciate your support in that regard. >> of course. we also have a sound responsibility to protect the american public and when you have memos saying they are going in opening up in cuba and none of these are answered. american airlines is already selling seats for september for those flights and we have no answers. understand why we are concerned and why there needs to be public dialogue. and understand why we may be
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skeptical. i don't know how they are considered to be classified. with that being said, i want to thank you for your patience. i know some of the questions were tough and they were not directed at you personally because you just started on the job. i have great faith in the leadership changes but there are a lot of tough questions and like i said in the other room, the tenure and relationship between the committee, my committee at least and t.s.a. is going to be dictated by how some questions were answered. i am hoping it gets repaired and moved forward. >> you have my support in the partnership. >> let me wrap up with a couple final questions and thoughts.
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do you conduct a climate survey? a battery of questions about their perceptions of management and what i would call a climate survey? >> i know we take the federal survey annually just like the rest of the federal government. >> we do, sir. we conduct regular inspections and we do a morale or viewpoint survia that addresses all of the
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issues you mentioned. >> what kind of things do you gleam from the survey you can put into an actionable item to address the issue? can you give an example of issues, actions or solution sets? >> you will get a lot of information but an example would be inconsistent of disciplinary rules. >> i don't know if you are giving me things because you are familiar and there is an increase in them? >> i was speaking generally but i think the report speaks directly. >> how often is the climate or employee survey occur in
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>> i was referring to our internal surveys and wedo those somewhat independently. and every field officer, and all of our people are on a regular schedule of inspection and survey. >> dr. gowadia? >> there are questions similar to what my colleague mentioned. my experience with the survey is good data. first you have to encourage staff to take the survey. when soldiers are talking you have lead them but you have to inspire that response. so some of the things we did at the ndo back in the day was we took the data, analyzed it, found a couple places where we could make immediate
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improvement. we established a bases of trust. t relying on employee teams to help solve things is critical. a lot of these experiences i did at the ndo i hope to bring to tsa acknowledging they are different workforces in size, scale and mission. but i will stress in the federal employee viewpoint survey 43 my supervisor treats me with respect and that is a powerful question. you are more likely to over perform, feel like you work in a safe and security environment, and this is the one question i will continue to pay attention to. i have seen supervisors hit a hundred percent on that question.
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t.s.a. supervisors do rather well in this area. >> you need to know the gamut that misconduct runs from the bottom to the top. oig has investigated senior leaders including the former administrator for alleged misconduct. i received information that come folks in management were asked to be deposed and had to have questions and they declined because they no confidence in the chief counsel. this might be a personality issue. but the chief counsel is known from the madison guarantee issue where the chief counsel was an object of investigation as
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reported to provide information of the investigation to other people that were object of the investigation. i tell you this in the context of misconduct. they are important and how you react in your new job and you have little time to make a first impression. you know this. you are a smart lady. set the standard and that circumstance where justice is blind. there is a standard that everybody from the top to the bottom has to adhere to and will be judged on accordingly just want to outlicense plate number th -- outline that. we appreciate your time and i thank the witnesses and i thank had -- the members for
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questions. members may have additional questions and we ask you to respond in writing thchlt hearing record is open for ten days and without objection this subcommittee stands adjourned.
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[inaudible conversation] [inaudible conversation] [inaudible conversation] >> hard fought 2016 primary season is over with historic conventions to follow. >> florida. texas. ohio. >> watch c-span as the delegations consider the nomination of the first woman every to head a party and the first non-politician in several decades.
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watch live on c-span, listen on the app or get the video online. you have a front row seat to both conventions all beginning monday, july 18th. >> tonight on c-span2, a look at 2016 congressional races with house republican campaign committee chair greg walden. and the house hearing on the legality of cost sharing provisions in the affordable care act. >> at a breakfast roundtable with reporters the chair of the republican committee discussed the 2016 elections and the affect of the campaign on the races. the christian science monitor hosted this hour-long forum.

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