Transparency at TSA
- Subject
- Transparency at TSA
- Date
- March 2, 2017
- Time
- 10:00 am
- Place
- 2154 Rayburn House Office Building
Full Committee on Oversight and Accountability
TAKEAWAYS:
-
The committee identified longstanding issues with the Transportation Security Administration’s (TSA) Office of Chief Counsel.
-
TSA is withholding information necessary for the Office of Special Council (OSC) to conduct whistleblower retaliation investigations.
- TSA claims it is relying on department guidance to invoke an inapplicable attorney-client privilege to redact documents.
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TSA has a legal obligation to provide all requested documents in unredacted form.
- Acting TSA Administrator Gowadia has committed to work more transparently with OSC to protect whistleblowers.
- TSA has demonstrated longstanding abuse of its Secret Security Information (SSI) program – the Department of Homeland Security (DHS) Inspector General Roth identified issues with TSA’s handling of its Sensitive Security Information (SSI) programs in a 2016 report.
- The committee has threatened subpoena if TSA fails to provide all outstanding documentation and guidance by March 10, 2017.
PURPOSE:
- To address new and ongoing management and transparency challenges at TSA.
- To examine a recent DHS Inspector General report which found, “TSA cannot be trusted to administer the [SSI] program in a reasonable manner.”
- To address comments made to the committee by TSA’s Chief Counsel who indicated the security agency has no legal obligation to turn over documents to OSC.
BACKGROUND:
- The committee has been investigating abusive management practices, improper use of directed reassignments, whistleblower retaliation, security failures, excessive bonuses, and employee intimidation at TSA.
- The Committee held two hearings related to mismanagement and transparency at TSA in April 2016 and May 2016.
- OSC informed the committee that TSA has not been cooperative during investigations of whistleblower retaliation at the security agency.
- TSA has refused to turn over documents to the Office of Special Counsel, and DHS IG determined that TSA is excessive and arbitrary in its redacting.
KEY VIDEOS:
Chairman Chaffetz (R-UT): “We’re going to go to the ends of the earth to protect whistleblowers.”
Intergovernmental Affairs Subcommittee Chairman Gary Palmer (R-AL): “Selective use of redaction, the inconsistent use of it, claiming attorney client privilege — with all due respect it appears that TSA is trying to cover up problems.”
Rep. James Comer (R-KY): “How can TSA tell Congress it will base its responses on OSC’s investigations then refuse to give OSC the documents necessary to complete those investigations?”