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DHS Needs to Improve Its Oversight of Misconduct and Discipline June 17, 2019 OIG-19-48

OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

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Page 1: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

DHS Needs to Improve Its Oversight of Misconduct and Discipline

June 17 2019 OIG-19-48

DHS OIG HIGHLIGHTS DHS Needs to Improve Its

Oversight of Misconduct and Discipline

June 17 2019

Why We Did This Audit We conducted this department-wide audit to determine whether the Department of Homeland Security has sufficient processes and procedures to address conduct issues This report presents our findings on DHS oversight and the results of our employee survey

What We Recommend We made eight recommendations to ensure effective Department oversight of efforts to address conduct issues

For Further Information Contact our Office of Public Affairs at (202) 981-6000 or email us at DHS-OIGOfficePublicAffairsoigdhsgov

What We Found DHS does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms These deficiencies occurred because DHSrsquo Employee Relations office has limited staff who do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of the employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more employee relations training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

DHS Response DHS concurred with all eight of our recommendations and has begun taking corrective action to address them

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Washington DC 20528 wwwoigdhsgov

-XQH

MEMORANDUM FOR Randolph D Alles Acting Deputy Under Secretary for Management

FROM Jennifer L Costello Acting Inspector General

SUBJECT DHS Needs to Improve Its Oversight of Misconduct and Discipline

Attached for your action is our final report DHS Needs to Improve Its Oversight of Misconduct and Discipline We incorporated the formal comments provided by DHS Management Directorate

The report contains eight recommendations aimed at improving the overall effectiveness of Management Directorate and Office of the Chief Human Capital Officer oversight of the misconduct program within DHS and its components Your office concurred with eight recommendations Based on information provided in your response to the draft report we consider recommendations 5 and 6 open and unresolved As prescribed by the Department of Homeland Security Directive 077-01 Follow-Up and Resolutions for the Office of Inspector General Report Recommendations within 90 days of the date of this memorandum please provide our office with a written response that includes your (1) agreement or disagreement (2) corrective action plan and (3) target completion date for each recommendation Also please include responsible parties and any other supporting documentation necessary to inform us about the current status of the recommendation Until your response is received and evaluated the recommendations will be considered open and unresolved

Based on information provided in your response to the draft report we consider recommendations 1 through 4 and recommendations 7 and 8 open and resolved Once your office has fully implemented the recommendations please submit a formal closeout letter to us within 30 days so that we may close the recommendations The memorandum should be accompanied by evidence of completion of agreed-upon corrective actions and of the disposition of any monetary amounts

Please send your response or closure request to OIGAuditsFollowupoigdhsgov

Department of Homeland Security

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Consistent with our responsibility under the Inspector General Act we will provide copies of our report to congressional committees with oversight and appropriation responsibility over the Department of Homeland Security We will post the report on our website for public dissemination

Please call me with any questions or your staff may contact Sondra McCauley Assistant Inspector General for Audits at (202) 981-6000

Attachment

wwwoigdhsgov OIG-19-

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table of Contents

Background 1

Results of Audit 2

Department Has Insufficient Policies and Procedures 3 DHS Does Not Effectively Manage Misconduct 6 DHS Employee Survey Results 9

Recommendations 13

Appendixes

Appendix A Objective Scope and Methodology 18 Appendix B DHS Comments to the Draft Report 22 Appendix C DHS OIG GAO and other DHS and Component

Misconduct Reports 28 Appendix D DHS Operational and Support Components 30 Appendix E OIG Analysis of DHS Employee Survey Results 31 Appendix F Office of Audits Major Contributors to This Report 62 Appendix G Report Distribution 63

Abbreviations

CBP US Customs and Border Protection DNDO Domestic Nuclear Detection Office FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Centers GAO Government Accountability Office HR human resources HRMS Human Resources Management and Services IampA Office of Intelligence amp Analysis ICE US Immigration and Customs Enforcement IG Act Inspector General Act of 1978 NPPD National Protection and Programs Directorate OCHCO Office of the Chief Human Capital Officer OIG Office of Inspector General OPM US Office of Personnel Management SampT Science and Technology Directorate TSA Transportation Security Administration USCG United States Coast Guard USCIS US Citizenship and Immigration Services USSS United States Secret Service

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 2: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

DHS OIG HIGHLIGHTS DHS Needs to Improve Its

Oversight of Misconduct and Discipline

June 17 2019

Why We Did This Audit We conducted this department-wide audit to determine whether the Department of Homeland Security has sufficient processes and procedures to address conduct issues This report presents our findings on DHS oversight and the results of our employee survey

What We Recommend We made eight recommendations to ensure effective Department oversight of efforts to address conduct issues

For Further Information Contact our Office of Public Affairs at (202) 981-6000 or email us at DHS-OIGOfficePublicAffairsoigdhsgov

What We Found DHS does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms These deficiencies occurred because DHSrsquo Employee Relations office has limited staff who do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of the employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more employee relations training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

DHS Response DHS concurred with all eight of our recommendations and has begun taking corrective action to address them

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Washington DC 20528 wwwoigdhsgov

-XQH

MEMORANDUM FOR Randolph D Alles Acting Deputy Under Secretary for Management

FROM Jennifer L Costello Acting Inspector General

SUBJECT DHS Needs to Improve Its Oversight of Misconduct and Discipline

Attached for your action is our final report DHS Needs to Improve Its Oversight of Misconduct and Discipline We incorporated the formal comments provided by DHS Management Directorate

The report contains eight recommendations aimed at improving the overall effectiveness of Management Directorate and Office of the Chief Human Capital Officer oversight of the misconduct program within DHS and its components Your office concurred with eight recommendations Based on information provided in your response to the draft report we consider recommendations 5 and 6 open and unresolved As prescribed by the Department of Homeland Security Directive 077-01 Follow-Up and Resolutions for the Office of Inspector General Report Recommendations within 90 days of the date of this memorandum please provide our office with a written response that includes your (1) agreement or disagreement (2) corrective action plan and (3) target completion date for each recommendation Also please include responsible parties and any other supporting documentation necessary to inform us about the current status of the recommendation Until your response is received and evaluated the recommendations will be considered open and unresolved

Based on information provided in your response to the draft report we consider recommendations 1 through 4 and recommendations 7 and 8 open and resolved Once your office has fully implemented the recommendations please submit a formal closeout letter to us within 30 days so that we may close the recommendations The memorandum should be accompanied by evidence of completion of agreed-upon corrective actions and of the disposition of any monetary amounts

Please send your response or closure request to OIGAuditsFollowupoigdhsgov

Department of Homeland Security

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Consistent with our responsibility under the Inspector General Act we will provide copies of our report to congressional committees with oversight and appropriation responsibility over the Department of Homeland Security We will post the report on our website for public dissemination

Please call me with any questions or your staff may contact Sondra McCauley Assistant Inspector General for Audits at (202) 981-6000

Attachment

wwwoigdhsgov OIG-19-

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table of Contents

Background 1

Results of Audit 2

Department Has Insufficient Policies and Procedures 3 DHS Does Not Effectively Manage Misconduct 6 DHS Employee Survey Results 9

Recommendations 13

Appendixes

Appendix A Objective Scope and Methodology 18 Appendix B DHS Comments to the Draft Report 22 Appendix C DHS OIG GAO and other DHS and Component

Misconduct Reports 28 Appendix D DHS Operational and Support Components 30 Appendix E OIG Analysis of DHS Employee Survey Results 31 Appendix F Office of Audits Major Contributors to This Report 62 Appendix G Report Distribution 63

Abbreviations

CBP US Customs and Border Protection DNDO Domestic Nuclear Detection Office FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Centers GAO Government Accountability Office HR human resources HRMS Human Resources Management and Services IampA Office of Intelligence amp Analysis ICE US Immigration and Customs Enforcement IG Act Inspector General Act of 1978 NPPD National Protection and Programs Directorate OCHCO Office of the Chief Human Capital Officer OIG Office of Inspector General OPM US Office of Personnel Management SampT Science and Technology Directorate TSA Transportation Security Administration USCG United States Coast Guard USCIS US Citizenship and Immigration Services USSS United States Secret Service

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 3: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Washington DC 20528 wwwoigdhsgov

-XQH

MEMORANDUM FOR Randolph D Alles Acting Deputy Under Secretary for Management

FROM Jennifer L Costello Acting Inspector General

SUBJECT DHS Needs to Improve Its Oversight of Misconduct and Discipline

Attached for your action is our final report DHS Needs to Improve Its Oversight of Misconduct and Discipline We incorporated the formal comments provided by DHS Management Directorate

The report contains eight recommendations aimed at improving the overall effectiveness of Management Directorate and Office of the Chief Human Capital Officer oversight of the misconduct program within DHS and its components Your office concurred with eight recommendations Based on information provided in your response to the draft report we consider recommendations 5 and 6 open and unresolved As prescribed by the Department of Homeland Security Directive 077-01 Follow-Up and Resolutions for the Office of Inspector General Report Recommendations within 90 days of the date of this memorandum please provide our office with a written response that includes your (1) agreement or disagreement (2) corrective action plan and (3) target completion date for each recommendation Also please include responsible parties and any other supporting documentation necessary to inform us about the current status of the recommendation Until your response is received and evaluated the recommendations will be considered open and unresolved

Based on information provided in your response to the draft report we consider recommendations 1 through 4 and recommendations 7 and 8 open and resolved Once your office has fully implemented the recommendations please submit a formal closeout letter to us within 30 days so that we may close the recommendations The memorandum should be accompanied by evidence of completion of agreed-upon corrective actions and of the disposition of any monetary amounts

Please send your response or closure request to OIGAuditsFollowupoigdhsgov

Department of Homeland Security

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Consistent with our responsibility under the Inspector General Act we will provide copies of our report to congressional committees with oversight and appropriation responsibility over the Department of Homeland Security We will post the report on our website for public dissemination

Please call me with any questions or your staff may contact Sondra McCauley Assistant Inspector General for Audits at (202) 981-6000

Attachment

wwwoigdhsgov OIG-19-

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table of Contents

Background 1

Results of Audit 2

Department Has Insufficient Policies and Procedures 3 DHS Does Not Effectively Manage Misconduct 6 DHS Employee Survey Results 9

Recommendations 13

Appendixes

Appendix A Objective Scope and Methodology 18 Appendix B DHS Comments to the Draft Report 22 Appendix C DHS OIG GAO and other DHS and Component

Misconduct Reports 28 Appendix D DHS Operational and Support Components 30 Appendix E OIG Analysis of DHS Employee Survey Results 31 Appendix F Office of Audits Major Contributors to This Report 62 Appendix G Report Distribution 63

Abbreviations

CBP US Customs and Border Protection DNDO Domestic Nuclear Detection Office FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Centers GAO Government Accountability Office HR human resources HRMS Human Resources Management and Services IampA Office of Intelligence amp Analysis ICE US Immigration and Customs Enforcement IG Act Inspector General Act of 1978 NPPD National Protection and Programs Directorate OCHCO Office of the Chief Human Capital Officer OIG Office of Inspector General OPM US Office of Personnel Management SampT Science and Technology Directorate TSA Transportation Security Administration USCG United States Coast Guard USCIS US Citizenship and Immigration Services USSS United States Secret Service

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 4: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Consistent with our responsibility under the Inspector General Act we will provide copies of our report to congressional committees with oversight and appropriation responsibility over the Department of Homeland Security We will post the report on our website for public dissemination

Please call me with any questions or your staff may contact Sondra McCauley Assistant Inspector General for Audits at (202) 981-6000

Attachment

wwwoigdhsgov OIG-19-

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table of Contents

Background 1

Results of Audit 2

Department Has Insufficient Policies and Procedures 3 DHS Does Not Effectively Manage Misconduct 6 DHS Employee Survey Results 9

Recommendations 13

Appendixes

Appendix A Objective Scope and Methodology 18 Appendix B DHS Comments to the Draft Report 22 Appendix C DHS OIG GAO and other DHS and Component

Misconduct Reports 28 Appendix D DHS Operational and Support Components 30 Appendix E OIG Analysis of DHS Employee Survey Results 31 Appendix F Office of Audits Major Contributors to This Report 62 Appendix G Report Distribution 63

Abbreviations

CBP US Customs and Border Protection DNDO Domestic Nuclear Detection Office FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Centers GAO Government Accountability Office HR human resources HRMS Human Resources Management and Services IampA Office of Intelligence amp Analysis ICE US Immigration and Customs Enforcement IG Act Inspector General Act of 1978 NPPD National Protection and Programs Directorate OCHCO Office of the Chief Human Capital Officer OIG Office of Inspector General OPM US Office of Personnel Management SampT Science and Technology Directorate TSA Transportation Security Administration USCG United States Coast Guard USCIS US Citizenship and Immigration Services USSS United States Secret Service

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 5: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table of Contents

Background 1

Results of Audit 2

Department Has Insufficient Policies and Procedures 3 DHS Does Not Effectively Manage Misconduct 6 DHS Employee Survey Results 9

Recommendations 13

Appendixes

Appendix A Objective Scope and Methodology 18 Appendix B DHS Comments to the Draft Report 22 Appendix C DHS OIG GAO and other DHS and Component

Misconduct Reports 28 Appendix D DHS Operational and Support Components 30 Appendix E OIG Analysis of DHS Employee Survey Results 31 Appendix F Office of Audits Major Contributors to This Report 62 Appendix G Report Distribution 63

Abbreviations

CBP US Customs and Border Protection DNDO Domestic Nuclear Detection Office FEMA Federal Emergency Management Agency FLETC Federal Law Enforcement Training Centers GAO Government Accountability Office HR human resources HRMS Human Resources Management and Services IampA Office of Intelligence amp Analysis ICE US Immigration and Customs Enforcement IG Act Inspector General Act of 1978 NPPD National Protection and Programs Directorate OCHCO Office of the Chief Human Capital Officer OIG Office of Inspector General OPM US Office of Personnel Management SampT Science and Technology Directorate TSA Transportation Security Administration USCG United States Coast Guard USCIS US Citizenship and Immigration Services USSS United States Secret Service

wwwoigdhsgov OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 6: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Background

Within the Department of Homeland Security managers supervisors and designees are responsible for assessing the conduct of employees and providing assistance feedback and corrective action The US Office of Personnel Management (OPM) describes misconduct generally as the failure to follow workplace rules Examples of misconduct include being absent without leave improper use of a government-issued credit card and sleeping on the job Once an allegation of misconduct has occurred components will gather the facts and determine whether to administer disciplinary or adverse action to correct behavior Conduct standards are critical to maintaining the publicrsquos confidence in the integrity of the Federal government

Between 2012 and 2016 seven Office of Inspector General (OIG) two Government Accountability Office (GAO) and three internal Department or component reports identified issues related to DHS and component misconduct or disciplinary programs (See appendix C) Although DHS has no department-wide misconduct allegation data the Joint Intake Center for US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) received more than 16368 allegations of misconduct and other reportable information in fiscal year 2014 alone1

Human Capital Policy and Programsrsquo Employee Relations (Employee Relations) within the Office of the Chief Human Capital Officer (OCHCO) assumed the responsibility for developing and administering policy and overseeing the disciplinary and adverse action program across DHS Components have the decision-making authority on the type of disciplinary action to administer Components may decide to reassign demote suspend remove furlough detail transfer separate or reduce the pay of employees (See appendix D) However these decisions are subject to the oversight direction and the DHS policies issued by the Chief Human Capital Officer

OPM Definitions

Discipline Measures intended to correct misconduct and encourage employee conduct in compliance with the standards of conduct policies goals work procedures and office practices of the agency

Adverse Action Action taken against an employee for reasons such as poor attendance or inappropriate behavior and includes suspensions without pay reductions in grade or pay furloughs of 30 days or less and removal

Source US Office of Personnel Management

1 Department of Homeland Security Investigation of DHS Employee Corruption Cases Fiscal Year 2015 Report to Congress November 23 2015 (jointly issued by DHS OIG ICE and CBP)

wwwoigdhsgov 1 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 7: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

In November 2016 Employee Relations issued its first directive and implementing instruction Discipline and Adverse Actions Program Directive 250-09 The directive established department-wide guidance for administering discipline and adverse actions in accordance with the OPM regulatory framework for processing discipline and adverse actions within the Federal government

In addition DHS Management Directive 08101 The Office of Inspector General assigns DHS OIG the responsibility to receive and investigate certain categories of allegations of misconduct or fraud DHS OIG may decide to initiate an investigation or refer the allegation to the component for review The categories of allegations that require referral to OIG include

x criminal misconduct allegations against a DHS employee x misconduct allegations against employees at the GS-15 level or higher

and x visa fraud allegations by DHS employees working in the visa issuance

process

Our objective was to determine whether the Department has sufficient processes and procedures to address employee misconduct This report addresses the Departmentrsquos oversight of DHS componentsrsquo disciplinary processes This report also contains results of our survey on DHS employeesrsquo perception of the disciplinary process We previously issued reports on the Transportation Security Administrationrsquos (TSA) Federal Air Marshal Service2

and the Departmentrsquos support component3 processes for reporting and addressing misconduct

Results of Audit

The Department does not have sufficient policies and procedures to address employee misconduct Specifically the Departmentrsquos policy does not include procedures for reporting allegations of misconduct clear and specific supervisor roles and expectations or clearly defined key discipline terms used across the components These deficiencies occurred because the Employee Relations office has limited staffing to perform these functions and staff do not believe they are responsible for managing the allegation process DHS also does not effectively manage the misconduct program throughout the Department

2 The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017 3 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

wwwoigdhsgov 2 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 8: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

lacking data monitoring and metrics to gauge program performance Without oversight through defined policies and program management DHS cannot make informed decisions to improve the program and ensure all components manage the misconduct process consistently Additionally this shortcoming could lead to costly litigation due to inappropriate or unenforceable disciplinary determinations

We distributed a survey to identify how DHS employees perceive the Departmentrsquos disciplinary process Although the results of our employee survey were overall favorable respondents identified areas of weakness including negative perceptions of senior leadersrsquo behavior and the need for more disciplinary training for supervisors Given the survey results and the lack of sufficient policies and procedures the Department cannot ensure it treats all employees equally or that components have properly addressed or referred all misconduct allegations

Department Has Insufficient Policies and Procedures

The Department does not have sufficient policies and procedures to address misconduct Specifically Directive 250-09 Discipline and Adverse Actions Program (Policy) does not include procedures for reporting allegations of misconduct or clearly define key discipline terms used across the components Employee Relationsrsquo staff do not oversee the misconduct process because they do not believe they are responsible for overseeing allegations Further they believe other aspects of the disciplinary process are already defined or unimportant Without comprehensive department-wide procedures DHS cannot ensure all components address allegations properly or administer disciplinary actions consistently Additionally this could lead to costly litigation from inappropriate or unenforceable discipline

DHS Has Not Established Comprehensive Guidance for the Misconduct Process

The Department has not created a comprehensive policy that includes guidance for the entire misconduct process mdash from allegations of misconduct to disciplinary procedures There are multiple offices and processes for managing allegations of misconduct at DHS The Chief Human Capital Officer is responsible for establishing and administering department-wide human resources policy and procedures The Chief Human Capital Officer also oversees and directs component disciplinary actions However the Policy does not define misconduct how to report allegations of misconduct or to whom allegations should be reported Employee Relations also does not require components to report allegation data and has analyzed Department discipline

wwwoigdhsgov 3 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 9: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

data once Periodic collection and analysis of this information is necessary for Employee Relations to carry out its oversight functions Instead the Policy focuses on the disciplinary process and a table of offenses and penalties

Employee Relations does not oversee the allegation process because according to staff it is not part of the formal disciplinary process and is therefore outside of Employee Relationsrsquo area of responsibility Rather Employee Relations staff believe OIG is responsible for overseeing misconduct allegations In actuality OIG and DHS components have some overlapping responsibilities in this area The Inspector General Act of 1978 (IG Act) authorizes OIG to receive and investigate complaints of waste fraud and abuse including complaints of misconduct by Department employees4 Under the IG Act OIG also oversees internal investigations performed by DHS components with investigative authority to ensure that those components comply with generally accepted investigative practices5 OIG does not have sole responsibility for investigating and overseeing allegations of misconduct Although DHS Management Directive 08101 identifies categories of allegations that DHS and its components must report immediately to OIG OIG can refer any allegation in those categories back to the appropriate component should it decide not to investigate Management Directive 08101 also describes categories of allegations for which DHS components must open administrative investigations and provide notice of the investigations to OIG within 5 days For these categories of allegations the DHS component controls the investigation unless the OIG notifies DHS or the relevant component of its intent to assume control of the investigation

The authority granted to OIG in the IG Act and reaffirmed in Management Directive 08101 does not eliminate the Departmentrsquos responsibility to oversee its misconduct process However because the Department has not created a comprehensive policy that includes guidance for the entire misconduct process it cannot ensure that components have addressed or referred all misconduct allegations to the appropriate offices

DHSrsquo Policy Does Not Include Critical Definitions

Employee Relations has not defined critical discipline terms in the Policy Although the Policy includes definitions for days furlough indefinite suspension and suspension it only refers to but does not define discipline or

4 5 United States Code (USC) App 3 sectsect 4 7 Additionally OIG has the duty and responsibility to among other things conduct supervise and coordinate audits and investigations and recommend policies for other activities carried out by the Department for the purpose of preventing and detecting fraud and abuse 5 5 USC App 3 sect 8I(e)

wwwoigdhsgov 4 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 10: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

progressive discipline Further Employee Relations has neither defined alternative discipline nor covered the parameters for using it even though four components implement or address alternative discipline Additionally OPM and the Merit Systems Protection Board support guidance to establish alternative discipline policies and understand the legal complexities6 Table 1 illustrates gaps in DHS guidance and component policies

Table 1 Inclusion of Key Definitions and Concepts in DHS and Component Policies

DHS TSA USCIS USCGdagger CBP FEMA ICE USSSDagger

Progressive Discipline z z z z

Discipline z z z z z z

Alternative Discipline acute z acute z acute acute

Table Key Undefined but referred to as a practice z Defined acute Undefined

Source DHS OIG analysis of DHS and component policies Note US Citizenship and Immigration Services dagger United States Coast Guard Dagger United States Secret Service

DHSrsquo Policy lacks critical definitions because according to Employee Relations officials additional definitions were not important or are already included in Federal regulations Officials also believe supervisor performance standards provide guidance and expectations The standards require supervisors to address conduct in a timely and appropriate manner and promptly address allegations with appropriate action However the Departmentrsquos Policy does not give supervisors guidance or clarify expectations such as ldquotimelyrdquo ldquoappropriaterdquo and ldquopromptlyrdquo These terms are vague and supervisors may interpret them inconsistently Without department-wide procedures DHS cannot ensure supervisors administer disciplinary actions consistently and may leave itself vulnerable to costly litigation over inappropriate disciplinary action or unenforceable agreements

6 Alternative Discipline Creative Solutions for Agencies to Effectively Address Employee Misconduct Merit Systems Protection Board July 2008 The Merit Systems Protection Board is an independent quasi-judicial agency that adjudicates individual employee appeals and conduct non-partisan studies on merit and effective management of the Federal workforce

wwwoigdhsgov 5 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 11: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

DHS Does Not Effectively Manage Misconduct

The Department does not oversee components to ensure they are addressing misconduct Specifically DHS does not ensure component policies comply with Department policy does not collect allegation data or monitor misconduct data and has not created performance measures goals or objectives to assess the programrsquos effectiveness As a result DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Has Not Ensured Component Policies Comply with Department Policy

The Departmentrsquos Policy allows each component to develop and administer its own policy however Employee Relations has not ensured the componentsrsquo existing disciplinary policies are consistent with the Departmentrsquos policy During the course of our audit components provided more than 90 conduct and discipline-related policies The National Defense Authorization Act of 2017 emphasizes the importance of coordinating department-wide policy development to promote quality and consistency across components7 Further according to internal control standards agencies benefit from procedures to continually reassess and improve guidance processes and documents8

In November 2016 when DHS issued its Policy (Directive 250-09 Discipline and Adverse Actions Program) Employee Relations had no plans to monitor or evaluate componentsrsquo policies According to Employee Relations officials they assumed the new policy was broad enough that all existing component policies should already comply Without monitoring and evaluating component guidance DHS cannot assess whether components are applying the guidance in its Policy consistently

DHS Does Not Collect or Monitor Componentsrsquo Misconduct Data

The Department does not collect or monitor the componentsrsquo data to understand the number of allegations types of misconduct reported or trends across the Department According to GAO Federal agencies should design their controls to include continual monitoring built into operations Monitoring may include automated tools which can increase objectivity and efficiency by electronically compiling evaluations To ensure the Department and its components are addressing misconduct and for effective oversight and

7 National Defense Authorization Act of 2017 Public Law 114-328 sect 1902 130 Stat 2670 (amending the Homeland Security Act of 2002 Public Law 107minus296 116 Stat 2135 by adding ldquoSec 709 Office of Strategy Policy and Plansrdquo) 8 Standards for Internal Controls in the Federal Government GAO-14-704G September 2014

wwwoigdhsgov 6 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 12: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

informed decisions Employee Relations should know the number of allegations per component the types of allegations reported and if appropriate the disciplinary action administered The Department does not have a system to collect or track misconduct information nor does it have a process to review component allegations to ensure components responded appropriately when determining whether to apply discipline Employee Relations personnel stated that their office collects some information regarding discipline and adverse actions through a yearly data call but must manually compile responses to prepare a department-wide response This process is inefficient for Employee Relationsrsquo limited staff of three people and the data the office reports to stakeholders is susceptible to human error

In a previous report on DHS support components we noted the Human Resources Management and Services (HRMS) office within OCHCO had not tracked allegations or properly referred all cases to OIG9 If the Department had better data and oversight of the process DHS could have potentially discovered and addressed these problems more proactively

Employee Relations has not identified trends in disciplinary actions taken throughout the Department Failing to monitor component data impedes the Departmentrsquos ability to identify and address trends in employee misconduct as well as oversee componentsrsquo efforts to address misconduct Trend analysis of disciplinary data could provide insight on training issues or help mitigate systemic misconduct issues

The Department has not analyzed trends to determine whether misconduct issues are systemic Identifying systemic issues and their causes would allow the Department to develop and apply corrective actions that could improve department-wide program effectiveness For example DHS has not analyzed trends for the numerous issues cited in reports on DHSrsquo conduct and discipline programs (See appendix C) Further in a 2015 DHS Human Resources Management Evaluation OPM recommended that the Department consider consolidating human capital accountability reports to inform OCHCO program managers of any overarching themes across the components However during our audit Employee Relations officials said they did not believe conducting these types of analysis would provide useful results By not analyzing trends DHS is missing opportunities to identify potential problems and mitigate problems before they become repetitive and costly

9 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 OCHCOrsquos Human Resources Management and Services provides human capital services to most DHS support components

wwwoigdhsgov 7 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 13: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OCHCO Has Not Defined Responsibilities for the Employee Relations Office

Although Employee Relations assumed the responsibility for administering the discipline and adverse action policy for DHS OCHCO has not provided Employee Relations with specific roles and responsibilities During the audit Employee Relations officials could not provide any written document outlining the officersquos objectives Instead they described their primary oversight activities as

x reviewing and commenting on draft legislation x discussing changes in law and OPM guidance with components (eg

National Defense Authorization Act of 2017) x liaising between OPM and Congress and x responding to congressional requests

In addition Employee Relations has not developed standard operating procedures and has not reported any performance metrics to OCHCO for its operational activities Employee Relations officials said much of what they do is respond to congressional requests and these ad hoc activities make it difficult to create standard operating procedures or measure results

According to internal control standards establishing goals and objectives ensures an agency meets its mission strategic plan and goals so it can assess performance Without defined objectives performance metrics and standard operating procedures and with limited Employee Relations officials DHS risks operational inconsistencies and losing important organizational knowledge

DHS Has Not Measured the Effectiveness of Its Disciplinary Program

Employee Relations has not established performance measures or goals to assess the effectiveness of the Departmentrsquos disciplinary program According to the Departmentrsquos Policy the Chief Human Capital Officer must regularly evaluate the Departmentrsquos disciplinary and adverse actions program We requested documentation showing how the office complies with the Policy by assessing the Departmentrsquos effectiveness but the office could not provide any measures or reports documenting how it has evaluated the program

The OCHCO Accountability Office conducts human capital audits including a review of a sample of disciplinary denials of within grade increases reductions in grade and removal cases as part of a high-level review of all types of human relations activity The audits however do not evaluate the effectiveness or efficiency of componentsrsquo disciplinary programs OPM requires these human

wwwoigdhsgov 8 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 14: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

capital audits and an OPM official suggested that human capital auditing should also review specific issue areas such as the timeliness of misconduct investigations

An October 2014 Homeland Security Studies and Analysis Institute report Measuring for Results Key Concepts for Understanding the Performance of DHS Programs and Activities noted that measuring program results can drive program improvements By not evaluating its performance DHS cannot make informed decisions and may be missing opportunities to improve the program

DHS Employee Survey Results

We conducted a department-wide survey of civilian employees to establish a baseline of employee views for elements of conduct and discipline We sent 192495 survey invitations to DHS employees and received 54108 anonymous responses a 28 percent response rate Appendix E contains a complete list of survey questions and a compilation of responses Our analysis showed favorable results for a majority of questions but room for improvement on perceptions of senior leader conduct and discipline and greater need for supervisor training on this topic DHS should review the survey results for opportunities to encourage better operation as a single entity and to promote consistency among components through policy and oversight

Our analysis showed favorable results to 59 percent of questions10 For example knowledge of workplace rules and standards of conduct including reporting misconduct is a key component of conduct and discipline which we addressed in Questions 7 to 21 Failure to uphold standards can affect employeesrsquo or DHSrsquo ability to accomplish their work Out of 54108 respondents

x 92 percent knew what types of behavior are considered misconduct in the workplace 11

x 81 percent knew where to find standards of conduct or other policies on

10 We define a ldquofavorablerdquo result as a response to a question in which 50 percent or more of respondents selected ldquoagreerdquo or ldquostronglyrdquo agreerdquo or 50 percent or more selected ldquoyesrdquo to a yes or no question except for Questions 10 33 and 54 For Questions 10 33 and 54 we defined a ldquofavorablerdquo result as a response in which 50 percent or more of respondents selected ldquodisagreerdquo or ldquostrongly disagreerdquo We excluded demographic and profile questions and questions for which the outcome was neither positive nor negative (eg Questions 11 20 24 and 32) See appendix E for a complete list of survey questions and responses 11 Question 14 49662 of 54108 respondents See appendix E

wwwoigdhsgov 9 OIG-19-48

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 15: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

x

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

workplace behavior12 and 71 percent would report if they suspected that a co-worker or supervisor was engaged in misconduct13

However a number of results highlight problems with how respondents view conduct and discipline of senior leaders Setting the tone at the top demonstrates a commitment to integrity while minimizing fraud and improving morale Out of 54108 respondents 45 percent did not agree that employees at all levels are held accountable for conduct at their component14 Components with the largest number of respondents who did not agree include

x 53 percent of TSA respondents (7614 out of 14419) x 47 percent of CBP respondents (7504 out of 16003) x 47 percent of ICE respondents (2484 out of 5241)

In addition to concerns about employee accountability 49 percent of respondents felt that senior leaders at their components were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees15 For example 58 percent of TSA respondents felt that component senior leaders were less likely to be disciplined16 In January 2018 we issued a report confirming that TSA senior leaders deviated from standard policy and practice in a number of key respects indicating that a Senior Executive Service employee received unusually favorable treatment in the resolution of a disciplinary matter17

At the DHS support components18 40 percent of respondents felt that their senior leaders were less likely to be disciplined for violating workplace rules regulations or standards of conduct than other employees19 In our report on OCHCOrsquos services we noted the lack of internal controls at HRMS which was

12 Question 15 43940 of 54108 respondents See appendix E 13 Question 19 38267 of 54108 respondents See appendix E 14 Question 9 24379 of 54108 respondents See appendix E 15 Question 10 26569 of 54108 See appendix E 16 Question 10 8330 of 14419 TSA respondents See appendix E 17 OIG-18-35 TSArsquos Handling of the 2015 Disciplinary Matter Involving a TSES Employee (Redacted) January 8 2018 18 We define DHS support components as those components serviced by HRMS This grouping includes respondents who identified being from Domestic Nuclear Detection Office (DNDO) Office of Intelligence and Analysis (IampA) Management Directorate Directorate for Science and Technology (SampT) and respondents who selected ldquoOther Headquarters Componentsrdquo 19 Question 10 846 of 2117 See appendix E

wwwoigdhsgov 10 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 16: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

unable to produce any disciplinary case files or records on Senior Executive Service employees20

Our survey contained a question demonstrating that the behavior of senior leaders affects respondentsrsquo behavior at work Across the Department 45 percent of respondentsrsquo behavior was affected by how senior leaders behave at work21 DHS should evaluate why many respondents felt that senior leaders were less likely to be disciplined for violating workplace results regulations or standards of conduct than other employees It should also evaluate why so many respondents did not report that employees at all levels are held accountable for conduct at their component and why at certain components like TSA CBP and ICE the negative response rate for this survey question was higher than the Departmentrsquos overall response rate Finally DHS should review how both of these issues may potentially affect employee behavior

In addition to evaluating perceptions of senior leaders DHS should examine its supervisory training on conduct and discipline Receiving proper training helps supervisors understand their responsibility and authority to address misconduct Supervisors who mishandle misconduct issues may have problems implementing discipline or have disciplinary decisions overturned Supervisor and specialist22 respondents also indicated a need for additional supervisor training on handling misconduct issues At DHS 50 percent (6112 of 12190) of supervisor respondents said that they need more training on how to handle misconduct and take disciplinary actions23 As shown in table 2 supervisors at some components responded with even higher rates

20 DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018 21 Question 11 24252 of 54108 respondents See appendix E 22 We defined specialists as respondents who identified themselves as currently working in human resources employee relations professional responsibility or other similar office and responded that they handle disciplinary actions (Question 43 see appendix E) 23 Question 11 see appendix E

wwwoigdhsgov 11 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 17: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Table 2 Supervisors and Specialists Respondents Need More Training Percentage who agreed and strongly agreed

Number of respondents who agreed and strongly agreed

Total number of respondents who answered this question

Q33 I need more training on how to handle misconduct and take disciplinary actions (Questions for Supervisors) DHS 50 6112 12190

CBP 58 2318 4029 ICE 51 476 940 HRMS-Serviced Support Components

51 218 428

Q54 I need more training on misconduct and disciplinary actions (Questions for Specialists) DHS 46 635 1367

We highlighted select components with the highest percentage of respondents who agreed or strongly agreed These components are a partial subset of the total number of DHS respondents Source Excerpt from survey results see appendix E

We asked specialists whether supervisors were adequately trained in disciplinary actions24 Of 1367 specialist respondents only 32 percent agreed that supervisors were adequately trained in disciplinary actions Specialist respondents also reported that they needed more training on misconduct and disciplinary actions25 DHS should evaluate why responses about training needs are inconsistent DHS should also evaluate the content and frequency of its training to supervisors on misconduct and discipline to ensure they understand how to identify and address misconduct without risking having their decisions overturned

All chief human capital officers have a statutory responsibility to ldquoidentif[y] best practices and benchmarking studiesrdquo26 The DHS Chief Human Capital Officer should consider using these results as it studies positive results about standards of conduct The results could also aid in addressing negative perceptions about conduct and discipline of senior leaders and the training needs of supervisors

24 Question 56 see appendix E 25 Question 54 see appendix E 26 5 USC sect1402(a)(5)

wwwoigdhsgov 12 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 18: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendations

Recommendation 1 We recommend the Under Secretary for Management designate or establish an entity with sufficient size and authority to oversee the Departmentrsquos entire misconduct process from allegations to disciplinary actions

Recommendation 2 We recommend the Under Secretary for Management ensure the designated entity implement a formal reporting process with documented procedures for handling and reporting all misconduct allegations

Recommendation 3 We recommend the Chief Human Capital Officer revise the DHS Discipline and Adverse Actions Program directive and instruction to provide comprehensive guidance including definitions for key misconduct terms and the use of alternative discipline

Recommendation 4 We recommend the Under Secretary for Management require that the designated misconduct oversight entity conduct a comprehensive assessment of componentsrsquo policies to establish a baseline for handling allegations and disciplinary actions that promotes quality and consistency across components

Recommendation 5 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to require the designated misconduct oversight entity

a identify all offices that receive misconduct allegations or identify potential misconduct and

b establish a system of record and process to routinely capture manage and monitor componentsrsquo management of misconduct

Recommendation 6 We recommend the Chief Human Capital Officer establish objectives and performance metrics for the Employee Relations office and implement written standard operating procedures defining the officersquos responsibilities

Recommendation 7 We recommend the Chief Human Capital Officer develop and implement a process to assess the effectiveness of the Departmentrsquos disciplinary program The process should include documented procedures measurable goals and periodic trend analyses

wwwoigdhsgov 13 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 19: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Recommendation 8 We recommend the Chief Human Capital Officer work with the Under Secretary for Management to evaluate survey responses and develop a corrective action plan to address unfavorable results

DHS Comments and OIG Analysis

DHS concurred with all eight of our report recommendations We incorporated the Departmentrsquos comments responses to our recommendations and our analysis with the applicable recommendations in the report We also included a copy of the management comments in their entirety in appendix B DHS also provided technical comments to our draft report and we revised the report where appropriate

In its comments to the report DHS expressed concern that implementing the report recommendations could have the unintended consequence of transferring some of OIGrsquos investigative oversight authority to the Chief Human Capital Officer For example DHS expressed concern that implementing our recommendation could require the Chief Human Capital Officer to oversee OIG investigations referred to OIG pursuant to DHS Management Directive 08101 DHS does not believe that this transfer of authority is appropriate

We are not recommending that the Chief Human Capital Officer oversee OIG activity as OIG is independent from the Department and not subject to the Chief Human Capital Officerrsquos authority Rather our recommendations relate to providing oversight of allegations and investigations for which the Department is responsible including

x referral of allegations or complaints to OIG x administrative inquiries or investigations for categories of allegations

that DHS components must open under Management Directive 08101 x allegations referred back to DHS components by OIG and x administrative action undertaken as a result of DHS and OIG

investigations including those involving senior leaders

The Department also stated that our audit did not demonstrably prove that the Departmentrsquos misconduct process is ineffective We believe the Department bears the responsibility for demonstrating that it has managed misconduct effectively through performance measures which it has not done and cannot do without data and oversight

DHS Response to Recommendation 1 Concur The Deputy Under Secretary for Management will convene a working group of representatives from the OCHCO Office of the Chief Security Officer Office of General Counsel and

wwwoigdhsgov 14 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 20: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Component investigative offices to determine what enhancements can be made to the entirety of the misconduct allegation investigation and disciplinary process Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open The recommendation will remain open until DHS establishes and assigns an entity to provide oversight for the Departmentrsquos misconduct process

DHS Response to Recommendation 2 Concur The working group that the Deputy Under Secretary for Management convenes will document reporting processes and procedures for handling and reporting misconduct allegations Estimated Completion Date May 31 2020

OIG Analysis We consider DHSrsquo actions responsive to the intent of this recommendation We consider this recommendation resolved and open pending implementation of a formal reporting process and review of the documented procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 3 Concur DHS will update Directive 250-09 ldquoDiscipline and Adverse Actions Programrdquo to include additional definitions The Department noted that the current directive and instruction comport with OPM policies and procedures for taking adverse action Estimated Completion Date September 30 2019

OIG Analysis The Department maintains that its policy complies with statutory and government-wide regulations for taking adverse action However it has also acknowledged that components are empowered to establish more specific disciplinary policies Our audit confirmed that components have done so in key areas The Department is also responsible for providing a unified policy in order to encourage consistency among components and offer additional guidance about the Departmentrsquos intended disciplinary approach We consider this recommendation resolved and open pending completion and receipt of a revised comprehensive directive and instruction including key definitions

DHS Response to Recommendation 4 Concur DHS responded that the OCHCO has not been designated to oversee the processes that various investigative offices use to handle allegations of misconduct DHS stated that the working group established under the Deputy Under Secretary for Management in response to Recommendation 1 will also examine whether additional policies are necessary for handling allegations of misconduct Estimated Completion Date May 31 2020

wwwoigdhsgov 15 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 21: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG Analysis In response to DHSrsquo comments to our draft report we revised this recommendation to be directed to the Deputy Under Secretary for Management We consider this recommendation resolved and open The recommendation will remain open until DHS provides documentation of the assessment of component policies for handling allegations to promote quality and consistency across components

DHS Response to Recommendation 5 Concur According to the Department OCHCO is developing a case tracking system that will track disciplinary and adverse actions across all components and will develop a reporting process to capture manage and monitor componentrsquos management of discipline and adverse action Estimated Completion Date March 31 2022

OIG Analysis Although DHS has described a system that tracks disciplinary actions this system should also capture allegations of misconduct Without misconduct allegation data the Department cannot provide oversight or conduct trend analysis to determine whether components are effectively addressing substantiated allegations through the disciplinary program We consider this recommendation unresolved and open pending implementation of a new case management system and a new documented formal reporting process with procedures for handling and reporting all misconduct allegations

DHS Response to Recommendation 6 Concur According to DHS OCHCO developed a standard operating procedure following our audit which DHS provided to OIG in response to our draft The Department also maintains that OCHCO has employee performance plans DHS requested closure of this recommendation

OIG Analysis The Employee Relations Officersquos standard operating procedure is an important improvement and responsive to the intent of part of our recommendation However DHS has not provided its objectives and performance metrics for the Employee Relations office While employee performance plans are important tools to evaluate individual performance they are not a substitute for developing specific measurable achievable relevant and timely performance goals for the Employee Relations office We consider this recommendation unresolved and open This recommendation will remain open until we receive the Employee Relations office develops and implement performance goals that it will report to its management

DHS Response to Recommendation 7 Concur According to DHS OCHCO has established a yearly review of disciplinary and adverse action trends It provided documentation of its first two assessments produced in 2017 and

wwwoigdhsgov 16 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 22: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

2018 which it distributed to components through its Human Capital Leadership Council DHS requested closure of this recommendation

OIG Analysis We reviewed the Departmentrsquos August 2017 assessment covering fiscal years 2013-2016 during the course of our audit and did not find that it provided a trend analysis However the Departmentrsquos March 2018 assessment of fiscal year 2017 is an improvement containing trend analysis and observations about changes from prior years The assessment also included recommendations with timeframes for implementation Although the Department has requested closure of this recommendation it has not provided documented procedures on how this analysis should be conducted who should conduct it how often it should be conducted and who should review it We consider this recommendation resolved and open pending documentation of the Departmentrsquos process for completing the analysis

DHS Response to Recommendation 8 Concur The Chief Human Capital Officer will review survey responses and develop a corrective action plan to address unfavorable results Estimated Completion Date October 31 2019

OIG Analysis The Departmentrsquos corrective action is responsive to the recommendation The recommendation will remain open and resolved until the Department provides evidence to support that corrective actions are completed

wwwoigdhsgov 17 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 23: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix A Objective Scope and Methodology

The DHS Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107minus296) by amendment to the Inspector General Act of 1978

The objective of this department-wide audit of conduct and discipline was to determine whether DHS and its components have sufficient processes and procedures to address conduct issues To address the audit objective the team developed three sub-objectives to target its work

x the Departmentrsquos oversight of the componentsrsquo disciplinary process x the Department and the componentsrsquo process for reporting and

addressing misconduct and x how the disciplinary process is perceived by employees at all levels

across the Department

To address the first sub-objective we reviewed and analyzed Federal laws and regulations guidance and reports including guidance from the Merit System Protection Board and the Office of Personnel Management We reviewed DHS policies and procedures to determine any effort to establish and provide guidance on the DHS disciplinary process We also analyzed other relevant DHS policies and procedures for handling conduct including

x DHS Management Directive 08101 The Office of Inspector General x DHS Management Directive 250-09 Discipline and Adverse Actions

Program x DHS Instruction No 250-09-001 Discipline and Adverse Actions

Program and x the CHCO HRMS Employee Relations standard operating procedures

We interviewed officials from the Office of Personnel Management and DHS officials from the

x Office of the Chief Financial Officer x Office of the Chief Human Capital Officer x Office of the Chief Information Officer x Office of the Chief Security Officer x Office of General Counsel x DHS Privacy Office and x Office of Civil Rights and Liberties

wwwoigdhsgov 18 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 24: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

We interviewed officials with TSA Federal Air Marshal Service and TSA Headquarters We judgmentally selected supervisors using a variety of criteria from the SampT IampA and Office of the Chief Procurement Officer We also examined allegation and disciplinary case file reviews to determine whether HRMS and components followed Federal and DHS requirements and policy We selected the top five most common types of misconduct allegation categories in FYs 2014ndash2016 at TSA Federal Air Marshal Service and the DHS support components For each type of misconduct allegation we randomly selected five judgmental case filessamples using a random number generator

The team used GAOrsquos standards for internal control to assess the program with specific focus on the following standards

x Objectives in specific terms clearly defining what is to be achieved who is to achieve it how it will be achieved and timeframes for achievement with objectives in alignment with the organizationrsquos mission strategic plan and performance goals

x Objectives that are measurable so that performance toward achieving them can be assessed

x Management documentation of policies for each unit in its area of responsibility and with the appropriate level of detail to allow management to effectively monitor activity

x Documentation that provides a means to retain organizational knowledge and mitigate the risk of having that knowledge limited to a few personnel as well as a means to communicate the knowledge as needed to external parties such as external audits

x Importance of periodically reviewing policies for continued relevance and effectiveness in addressing related risks

We addressed the second sub-objective in two separate reports

x The Federal Air Marshal Service Has Sufficient Policies and Procedures for Addressing Misconduct OIG-17-104 September 13 2017

x DHS Support Components Do Not Have Sufficient Processes and Procedures to Address Misconduct OIG-18-81 September 26 2018

To address the third sub-objective we conducted interviews and sought responses to a department-wide survey We sent the survey to all DHS employees (excluding contractors and active military) The team consulted DHS OCHCO regarding Union Notifications To establish our survey population we requested and relied upon employee rosters from the National Finance Center

wwwoigdhsgov 19 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 25: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

for each component The team developed survey questions for three subsets of employees

x employees x supervisorsmanagers and x employee relations and human resources (HR) specialists

OPM research psychologists reviewed our survey methodology and questions for bias prior to issuance We used a web-based survey software approved by DHS Office of Privacy and the Chief Information Security Officers at DHS and OIG

We issued 192495 surveys between June 29 2017 and July 14 2017 We received 54108 completed surveys for a response rate of 2811 percent

We assumed employees answered the survey candidly and correctly including their component identification Upon receiving the results we categorized component responses We compiled results from components with fewer than 3000 responses into one grouping to protect respondent anonymity Respondents categorized in the ldquoComponents with lt3000 Respondentsrdquo are the Federal Law Enforcement Training Centers (FLETC) National Protection and Programs Directorate (NPPD) US Secret Service (USSS) and US Coast Guard (USCG) civilians We also grouped responses from Management Directorate DNDO SampT IampA and respondents who selected ldquoother Headquarters componentsrdquo under ldquoHRMS-Serviced Support Component Respondentsrdquo because employees from these components all receive human resources services from DHS OCHCO

We reported complete responses During our analysis of survey results we discovered that seven questions contained an error As such the survey added one to three responses for each question that we were unable to correct These questions are noted in a footnote in appendix E

We were unable to conduct data reliability testing of SurveyMonkey data because the survey responses were anonymous We reviewed the data and performed limited testing for completeness and errors During our review we discovered that some non-supervisors and non-HR specialists were provided some questions in those sections We were able to eliminate this error by using two control questions For the supervisory section we only reported instances when the respondents replied they were supervisors or executives for question 5 and answered yes to question 29 For HR specialists we reported responses when respondents indicated yes they worked in a human resources employee relations professional responsibility or other similar office and also that their

wwwoigdhsgov 20 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 26: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

work includes handling disciplinary decisions We used a Rating Scale or Likert Scale for some questions SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale the answer choices ldquodo not knowno basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average Lastly we note that the reported percentages may not always add up to 100 percent due to rounding errors

We conducted this performance audit between March 2016 and March 2018 pursuant to the Inspector General Act of 1978 as amended and according to generally accepted government auditing standards Those standards require that we plan and perform the audit to obtain sufficient appropriate evidence to provide a reasonable basis for our findings and conclusions based upon our audit objectives We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based upon our audit objectives

wwwoigdhsgov 21 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 27: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix B DHS Comments to the Draft Report

wwwoigdhsgov 22 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 28: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 23 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 29: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 24 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 30: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 25 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 31: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 26 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 32: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

wwwoigdhsgov 27 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 33: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix C DHS OIG GAO and other DHS and Component MisconductReports

AuthorReport Number

Component Reviewed

Title Date

OIG-12-28 TSA Allegations of Misconduct and Illegal Discrimination and Retaliation in the Federal Air Marshal Service

January 2012

OIG-12-96 TSA Review of Allegations of Misconduct and Mismanagement Within TSArsquos Office of Global Strategies

July 2012

OIG-13-05 TSA Personnel Security and Internal Control at TSAs Legacy Transportation Threat Assessment and Credentialing Office

October 2012

GAO-13-59 CBP Border Security Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct

December 2012

OIG-13-24 USSS Adequacy of USSSrsquo Internal Investigation of Alleged Misconduct in Cartagena Colombia

January 2013

Professionalism Reinforcement Working Group

USSS A Report to US Secret Service (USSS) Director Mark Sullivan

February 2013

GAO-13-624 TSA Transportation Security Administration (TSA) Could Strengthen Monitoring of Allegations of Employee Misconduct

July 2013

OIG-14-20 USSS Adequacy of USSS Efforts To Identify Mitigate and Address Instances of Misconduct and Inappropriate Behavior-Redacted

December 2013

wwwoigdhsgov 28 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 34: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

OIG-15-04-IQO FLETC Oversight Review of the Department of Homeland Security Federal Law Enforcement Training Center Office of Professional Responsibility

October 2014

OIG-15-108-IQO NPPD Oversight Review of the National Protection and Programs Directorate Internal Affairs Division

June 2015

Pivotal Practices Consulting LLC

CBP US Customs and Border Protection Complaints and Discipline Systems Review

January 2016

Report by a Panel of the National Academy of Public Administration for the US Secret Service

USSS Review of Organizational Change Efforts

October 2016

Source OIG analysis of GAO OIG and component reports

wwwoigdhsgov 29 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 35: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix D DHS Operational and Support Components

DHS Operational Components

US Customs and Border Protection

US Citizenship amp Immigration Services

US Coast Guard

Federal Emergency Management Agency

US Immigration amp Customs Enforcement

US Secret Service

Transportation Security Administration

DHS Support Components

Management Directorate Office of Legislative Affairs Office of Intelligence amp Analysis

Science amp Technology Directorate

National Protection amp Programs Directorate

Office of Public Affairs

Office of the Inspector General

Office of Operations Coordinator

Citizenship amp Immigration Services Ombudsman

Office of Policy

Office of the General Counsel

Office of Health Affairs

Office of Partnership amp Engagement

Privacy Office

Office for Civil Rights amp Civil Liberties

Domestic Nuclear Detection Office

Federal Law Enforcement Training Centers Office of the Executive Secretary

Office of the Chief Financial Officer

Source OIG analysis

wwwoigdhsgov 30 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 36: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix E OIG Analysis of DHS Employee Survey Results

Questions 1 through 28 were answered by all respondents

Q1 Component (For other support components not listed please select Other Headquarters Components) Answer Choices Responses27

US Citizenship and Immigration Services (USCIS)28 1157 6258 US Coast Guard (USCG) 405 2189 US Customs and Border Protection (CBP) 2958 16003 Domestic Nuclear Detection Office (DNDO) 012 63 Federal Emergency Management Agency (FEMA) 860 4655 Federal Law Enforcement Training Centers (FLETC) 103 556 US Immigration and Customs Enforcement (ICE) 969 5241 Office of Intelligence amp Analysis (IampA) 046 251 Management Directorate (MGMT) 101 549 National Protection and Programs Directorate (NPPD) 221 1194 Science amp Technology (SampT) 042 226 US Secret Service (USSS) 273 1476 Transportation Security Administration (TSA) 2665 14419 Other Headquarters Components 1028 Total DHS Respondents 54108

190

27 Throughout this appendix response percentages for each question may not always add up to 100 percent due to rounding 28 In our original survey we used informal names for components For clarity we listed the components by full title and abbreviation in this appendix

wwwoigdhsgov 31 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 37: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q2 Time in Agency

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents29

Support Components30

Less than 1 year 392 2120 508 318 169 270 868 404 031 16 470 678 465 252 860 182 1-4 years 1484 8027 2852 1785 834 1335 2243 1044 922 483 1374 1981 1740 942 2159 457 5-10 years 3107 16812 2867 1794 3203 5125 3096 1441 3620 1897 2975 4290 2580 1397 4100 868 11-15 years 2792 15105 1518 950 2422 3876 2393 1114 2019 1058 4661 6720 1789 969 1974 418 16-20 years 1079 5838 967 605 1613 2582 651 303 1681 881 476 687 1280 693 411 87 21-25 years 501 2713 558 349 829 1327 430 200 899 471 023 33 534 289 208 44 Greater than 25 years 646 3493 730 457 930 1488 320 149 830 435 021 30 1612 873 288 61

Q3 Where is your work location

Total DHS Respondents USCIS

Headquarters-level office 2215 11987 2673 1673 Field Office 7785 42121 7327 4585

CBP FEMA ICE

1495 2392 3981 1853 6019 2802

1624 851 8505 13611 8376 4390

Q4 Are you a law enforcement officer

Total DHS Respondents USCIS

Yes 3253 17600 585 366 No 6747 36508 9415 5892

CBP FEMA ICE 6746 10795 064 30

9936 4625 6287 3295

3254 5208 3713 1946

TSA

Components with lt3000 Respondents

Support Components

1126 1623 3900 2112 7005 1483 8874 12796 6100 3303 2995 634

TSA

Components with lt3000 Respondents

Support Components

952 1373 2807 1520 1044 221 9048 13046 7193 3895 8956 1896

29 All instances noted as ldquoComponents with lt3000 Respondentsrdquo includes respondents who identified being from USCG FLETC NPPD and USSS 30 All instances noted as ldquoSupport Componentsrdquo in this appendix reference specifically HRMS-Serviced Support Components Those included respondents who identified being from DNDO IampA Management Directorate SampT and respondents who selected ldquoOther Headquarters Componentsrdquo

wwwoigdhsgov 32 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 38: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q5 Supervisory Status

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Non-supervisory 7639 41333 8140 5094 7375 11802 7461 3473 8145 4269 7505 10821 7784 4215 7837 1659 Supervisory 2234 12087 1758 1100 2548 4077 2449 1140 1725 904 2320 3345 2079 1126 1866 395 Executive 127 688 102 64 077 124 090 42 130 68 175 253 137 74 298 63

Q6 Do you work in human resources employee relations professional responsibility or other similar office

Total DHS Respondents USCIS

Yes 970 5248 1099 688

No 9030 48860 8901 5570

CBP FEMA ICE

932 1491 1310 610

8690 4045

893 468

9068 14512 9107 4773

TSA

Components with lt3000 Respondents

Support Components

831 1198 936 507 1351 286

9169 13221 9064 4908 8649 1831

Q7 My Componentrsquos senior leaders communicate their expectations about standards of conduct to employees

Strongly disagree Disagree

Neither agree nor disagree Agree Strongly agree

Do not know no basis to judge Total

Weighted Average31

USCIS 435 272 879 550 1211 758 4294 2687 2959 1852 222 139 6258 387 CBP 662 1059 1255 2009 1358 2173 4412 7060 2204 3527 109 175 16003 363 FEMA 554 258 1119 521 1450 675 4443 2068 2174 1012 260 121 4655 367 ICE 685 359 1303 683 1513 793 4196 2199 2143 1123 160 84 5241 359 TSA 837 1207 1331 1919 1436 2070 4411 6360 1907 2749 079 114 14419 353 Components with lt3000 Respondents 620 336 1047 567 1243 673 3969 2149 2994 1621 127 69 5415 378 HRMS-Serviced Support Component Respondents 803 170 1271 269 1620 343 3996 846 2102 445 208 44 2117 354 Total DHS Respondents 677 3661 1205 6518 1383 7485 4319 23369 2279 12329 138 746 54108 364

31 For rating scale or Likert Scale questions throughout the survey SurveyMonkey automatically calculated a weighted average based on a 1-to-5 Strongly Disagree-Strongly Agree response scale Answer choices ldquodo not know no basis to judgerdquo ldquoI donrsquot knowrdquo and ldquoI do not knowrdquo were not factored into calculating the rating average

wwwoigdhsgov 33 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 39: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q8 My Componentrsquos senior leaders model behavior that is consistent with our standards of conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 657 411 984 616 1422 890 3362 2104 3017 1888 558 349 6258 375 CBP 1313 2101 1820 2913 1698 2717 3083 4934 1658 2654 427 684 16003 32 FEMA 836 389 1149 535 1706 794 3575 1664 2142 997 593 276 4655 354 ICE 1204 631 1530 802 1757 921 3015 1580 1868 979 626 328 5241 33 TSA 1686 2431 2145 3093 1731 2496 2737 3947 1384 1996 316 456 14419 3 Components with lt3000 Respondents 1230 666 1411 764 1418 768 2899 1570 2609 1413 432 234 5415 344 HRMS-Serviced Support Component Respondents 1044 221 1290 273 1724 365 3188 675 2310 489 444 94 2117 346 Total DHS Respondents 1266 6850 1663 8996 1654 8951 3045 16474 1925 10416 447 2421 54108 328

Q9 In my Component employees at all levels are held accountable for their conduct Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1130 707 1934 1210 1560 976 2905 1818 1779 1113 694 434 6258 324 CBP 1961 3138 2728 4366 1493 2390 2347 3756 1167 1867 304 486 16003 28 FEMA 1420 661 2374 1105 1613 751 2758 1284 1229 572 606 282 4655 3 ICE 2114 1108 2625 1376 1429 749 2240 1174 1170 613 422 221 5241 276 TSA 2431 3505 2850 4109 1379 1988 2108 3040 966 1393 266 384 14419 262 Components with lt3000 Respondents 1861 1008 2379 1288 1392 754 2412 1306 1522 824 434 235 5415 293 HRMS-Serviced Support Component Respondents 1568 332 2201 466 1644 348 2508 531 1398 296 680 144 2117 3 Total DHS Respondents 1933 10459 2573 13920 1470 7956 2386 12909 1234 6678 404 2186 54108 283

wwwoigdhsgov 34 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 40: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q10 Senior leaders in my Component are less likely to be disciplined for violating workplace rules regulations or

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 719 450 1620 1014 2133 1335 1948 1219 1556 974 2023 1266 6258 325

standards of conduct than other employees

CBP 580 928 1281 2050 1847 2955 2528 4045 2678 4285 1087 1740 16003 361 FEMA 584 272 1398 651 2331 1085 2168 1009 1708 795 1811 843 4655 337 ICE 525 275 1288 675 2021 1059 2343 1228 2479 1299 1345 705 5241 357 TSA 592 854 1078 1554 1694 2443 2601 3750 3176 4580 859 1238 14419 373 Components with lt3000 Respondents 744 403 1516 821 1812 981 2268 1228 2421 1311 1239 671 5415 347 HRMS-Serviced Support Component Respondents 756 160 1474 312 2008 425 2083 441 1913 405 1767 374 2117 336 Total DHS Respondents 618 3342 1308 7077 1900 10283 2388 12920 2523 13649 1264 6837 54108 356

Q11 The behavior of my senior leaders affects how I behave at work Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1170 732 1727 1081 1969 1232 2779 1739 2130 1333 225 141 6258 33 CBP 1513 2422 2127 3404 1933 3094 2460 3936 1825 2921 141 226 16003 31 FEMA 1027 478 1972 918 1968 916 2887 1344 1901 885 245 114 4655 327 ICE 1381 724 2192 1149 2082 1091 2459 1289 1668 874 218 114 5241 309 TSA 1222 1762 2031 2928 2074 2990 2484 3582 2071 2986 119 171 14419 322 Components with lt3000 Respondents 1378 746 2078 1125 2183 1182 2441 1322 1769 958 151 82 5415 312 HRMS-Serviced Support Component Respondents 1223 259 1592 337 1927 408 2995 634 2121 449 142 30 2117 332 Total DHS Respondents 1316 7123 2022 10942 2017 10913 2559 13846 1923 10406 162 878 54108 318

wwwoigdhsgov 35 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 41: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q12 My supervisor keeps me informed of workplace rules regulations and standards of conduct32

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 308 193 724 453 1170 732 4396 2751 3348 2095 054 34 6258 398 CBP 430 688 1000 1601 1422 2276 4840 7745 2286 3658 022 35 16003 376 FEMA 421 196 952 443 1274 593 4625 2153 2677 1246 054 25 4655 382 ICE 534 280 1091 572 1513 793 4585 2403 2234 1171 042 22 5241 369 TSA 483 696 972 1402 1329 1916 4851 6994 2344 3380 021 31 14419 376 Components with lt3000 Respondents 423 229 881 477 1324 717 4399 2382 2931 1587 042 23 5415 386

HRMS-Serviced Support Component Respondents 510 108 959 203 1403 297 4492 951 2598 550 038 8 2117 377 Total DHS Respondents 442 2390 952 5151 1354 7324 4690 25379 2530 13687 033 178 54108 379

Q13 I am held accountable for my behavior in the workplace Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 078 49 153 96 580 363 4516 2826 4505 2819 168 105 6258 434 CBP 146 233 311 498 782 1252 4828 7726 3812 6100 121 194 16003 42 FEMA 118 55 266 124 763 355 4919 2290 3757 1749 176 82 4655 421 ICE 166 87 311 163 841 441 4921 2579 3591 1882 170 89 5241 417 TSA 098 142 169 243 605 873 4872 7025 4172 6016 083 120 14419 43 Components with lt3000 Respondents 127 69 203 110 726 393 4678 2533 4116 2229 150 81 5415 426 HRMS-Serviced Support Component Respondents 142 30 184 39 794 168 4875 1032 3831 811 175 37 2117 423 Total DHS Respondents 123 665 235 1273 711 3845 4807 26011 3993 21606 131 708 54108 425

32 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 36 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 42: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q14 I know what types of behavior are considered misconduct in my workplace33

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 102 64 219 137 388 243 4306 2695 4944 3094 040 25 6258 438 CBP 116 185 185 296 377 603 4651 7443 4658 7454 014 23 16003 436 FEMA 127 59 284 132 432 201 4664 2171 4449 2071 045 21 4655 431 ICE 158 83 254 133 439 230 4699 2463 4423 2318 027 14 5241 43 TSA 186 268 280 404 436 628 4563 6579 4512 6506 024 34 14419 43 Components with lt3000 Respondents 159 86 242 131 410 222 4238 2295 4938 2674 013 7 5415 436 HRMS-Serviced Support Component Respondents 170 36 288 61 524 111 4563 966 4407 933 047 10 2117 428 Total DHS Respondents 144 781 239 1294 414 2238 4549 24612 4630 25050 025 134 54108 433

Q15 I know where to find standards of conduct or other policies on workplace behavior Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 177 111 933 584 893 559 4597 2877 3306 2069 093 58 6258 4 CBP 195 312 775 1240 794 1270 4759 7616 3427 5485 051 81 16003 405 FEMA 273 127 1108 516 962 448 4715 2195 2846 1325 095 44 4655 388 ICE 265 139 1021 535 904 474 4930 2584 2812 1474 067 35 5241 391 TSA 213 307 516 744 606 874 4964 7157 3668 5289 033 48 14419 414 Components with lt3000 Respondents 262 142 813 440 866 469 4617 2500 3385 1833 057 31 5415 401 HRMS-Serviced Support Component Respondents 331 70 1252 265 1072 227 4639 982 2617 554 090 19 2117 38

Total DHS Respondents 223 1208 799 4324 799 4321 4789 25911 3332 18029 058 316 54108 403

33 SurveyMonkey confirmed that their calculations caused one additional respondent to be added to this question in error

wwwoigdhsgov 37 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 43: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q16 I can report misconduct to my supervisor without fear of retaliation Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 898 562 920 576 1304 816 3167 1982 3194 1999 516 323 6258 372 CBP 1227 1964 1240 1984 1532 2452 3233 5173 2358 3774 410 656 16003 344

FEMA 1237 576 1136 529 1545 719 3332 1551 2269 1056 481 224 4655 345 ICE 1421 745 1151 603 1318 691 3181 1667 2519 1320 410 215 5241 344 TSA 1730 2494 1536 2215 1601 2309 2868 4135 1978 2852 287 414 14419 319 Components with lt3000 Respondents 1245 674 1125 609 1355 734 3008 1629 2807 1520 460 249 5415 352 HRMS-Serviced Support Component Respondents 1148 243 1120 237 1304 276 3184 674 2692 570 553 117 2117 355

Total DHS Respondents 1341 7258 1248 6753 1478 7997 3107 16811 2419 13091 406 2198 54108 342

Q17 I am confident my supervisor would take appropriate action to correct misconduct in the workplace no matter who committed the offense

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 999 625 1106 692 1521 952 3044 1905 2828 1770 502 314 6258 359 CBP 1562 2500 1750 2800 1720 2753 2816 4507 1835 2936 317 507 16003 317 FEMA 1336 622 1502 699 1714 798 3089 1438 1916 892 443 206 4655 329 ICE 1622 850 1500 786 1521 797 2862 1500 2148 1126 347 182 5241 325 TSA 1851 2669 1912 2757 1793 2585 2571 3707 1650 2379 223 322 14419 303 Components with lt3000 Respondents 1424 771 1335 723 1505 815 2855 1546 2471 1338 410 222 5415 338 HRMS-Serviced Support Component Respondents 1228 260 1455 308 1493 316 3028 641 2376 503 420 89 2117 34 Total DHS Respondents 1533 8297 1620 8765 1666 9016 2817 15244 2023 10944 340 1842 54108 323

wwwoigdhsgov 38 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 44: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q18 I am confident my supervisor would handle an employee misconduct allegation discreetly and professionally Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 749 469 799 500 1419 888 3399 2127 3233 2023 401 251 6258 379 CBP 1263 2021 1319 2110 1734 2775 3249 5200 2108 3374 327 523 16003 337 FEMA 1061 494 988 460 1641 764 3613 1682 2318 1079 378 176 4655 353 ICE 1334 699 1086 569 1500 786 3282 1720 2454 1286 345 181 5241 346 TSA 1507 2173 1447 2086 1816 2619 3143 4532 1859 2680 228 329 14419 325 Components with lt3000 Respondents 1123 608 977 529 1457 789 3271 1771 2774 1502 399 216 5415 358 HRMS-Serviced Support Component Respondents 983 208 1068 226 1474 312 3302 699 2754 583 420 89 2117 36 Total DHS Respondents 1233 6672 1198 6480 1651 8933 3277 17731 2315 12527 326 1765 54108 344

Q19 If you suspected that a co-worker or supervisor was engaged in misconduct would you report it Maybe depending on

Yes always the circumstances No TotalUSCIS 7076 4428 2705 1693 219 137 6258CBP 7752 12406 2081 3331 166 266 16003 FEMA 5847 2722 3774 1757 378 176 4655 ICE 7289 3820 2408 1262 303 159 5241 TSA 7048 10162 2680 3864 273 393 14419 Components with lt3000 Respondents 6192 3353 3487 1888 321 174 5415 HRMS-Serviced Support Component Respondents 6500 1376 3212 680 288 61 2117 Total DHS Respondents 7072 38267 2675 14475 252 1366 54108

wwwoigdhsgov 39 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 45: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q20 What deters you from reporting misconduct (select all that apply)34 35

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I do not want to get involved 2231 3560 2668 492 2323 842 2005 391 2329 334 2127 911 1988 413 2373 177

I do not want to get anyone in trouble 1439 2297 1887 348 1448 525 1390 271 1590 228 1338 573 1156 240 1501 112

I fear that my peers will retaliate against me 3155 5035 2993 552 3354 1216 2703 527 3508 503 3480 1491 2624 545 2694 201

I fear that my supervisor will retaliate 4415 7046 3595 663 4444 1611 3800 741 4784 686 5231 2241 3948 820 3807 284 against me It is not my responsibility 406 648 358 66 403 146 503 98 377 54 352 151 477 99 456 34

I do not believe that any action would be taken to address the 5614 8960 4864 897 5846 2119 5303 1034 6130 879 5962 2554 5161 1072 5429 405

situation I have raised similar issues before and do not want to go through 2278 3635 1936 357 2370 859 1923 375 2350 337 2717 1164 1964 408 1810 135

the process again I do not know 529 845 569 105 497 180 687 134 377 54 425 182 717 149 550 41 NA ndash I would always report misconduct no matter the 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0

circumstances Other (please specify) 2917 4656 2993 552 2993 1085 2959 577 2915 418 2703 1158 3096 643 2989 223

34 For all questions in this appendix that are marked ldquoselect all that applyrdquo percentages will total more than 100 percent because respondents could select multiple answers 35 Throughout the survey some questions will have a smaller number of responses because for some questions depending on their answers only some employees are moved to another question For example this question only appeared to respondents who selected ldquonordquo or ldquomaybe depending on the circumstancesrdquo to Question 19

wwwoigdhsgov 40 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

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For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

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Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 46: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q21 Where would you report misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

My direct supervisor 7945 42990 8335 5216 7830 12531 8015 3731 7682 4026 7932 11437 8074 4372 7922 1677 Another supervisor other than my direct supervisor 2773 15005 2702 1691 3171 5075 1908 888 2139 1121 3210 4628 2249 1218 1814 384 The manager above my direct supervisor 4127 22333 4375 2738 3794 6071 3712 1728 3223 1689 5047 7277 3657 1980 4015 850 DHS Office of Inspector General 3362 18192 3841 2404 3823 6118 2511 1169 4402 2307 2650 3821 2774 1502 4114 871 My Components Human Capital Human Resources or Employee Relations Office 1264 6837 1227 768 631 1009 2189 1019 725 380 1587 2288 1636 886 2300 487 My Components Equal Employment Opportunity (EEO) Office 1963 10619 1914 1198 1665 2664 2702 1258 2070 1085 1918 2766 2114 1145 2376 503 My Components Ombudsman 693 3752 385 241 162 260 402 187 141 74 1633 2354 909 492 680 144 My Components Internal Affairs Inspections or Office of Professional Responsibility 2832 15322 1849 1157 4553 7286 926 431 4713 2470 1857 2678 1789 969 1564 331 DHS Office for Civil Rights and Civil Liberties 907 4905 668 418 564 903 928 432 708 371 1395 2011 923 500 1275 270 I do not know 237 1282 214 134 195 312 346 161 216 113 249 359 251 136 316 67 I would never report misconduct 044 239 061 38 025 40 045 21 057 30 042 60 063 34 076 16 Other (please specify) 980 5302 872 546 1187 1900 922 429 1028 539 816 1177 927 502 987 209

wwwoigdhsgov 41 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 47: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q22 Have you personally observed misconduct in your workplace in the last 3 years Other (please

Yes No I do not know specify) TotalUSCIS 3175 1987 5916 3702 909 569 000 0 6258CBP 3350 5361 5758 9215 892 1427 000 0 16003 FEMA 4178 1945 4950 2304 872 406 000 0 4655 ICE 3267 1712 5856 3069 878 460 000 0 5241 TSA 4889 7049 4270 6157 841 1213 000 0 14419 Components with lt3000 Respondents 3551 1923 5692 3082 757 410 000 0 5415 HRMS-Serviced Support Component Respondents 3529 747 5569 1179 902 191 000 0 2117 Total DHS Respondents 3830 20724 5306 28708 864 4676 000 0 54108

Q23 How many times have you observed misconduct in the last three years I have not observed

1 time 2 times 3 times 4 or more times misconduct I do not know Total USCIS 1431 289 1609 325 1262 255 4149 838 000 0 1550 313 2020 CBP 940 508 1306 706 1001 541 4688 2535 000 0 2066 1117 5407 FEMA 1069 209 1606 314 1146 224 4578 895 000 0 1601 313 1955 ICE 963 166 1283 221 1050 181 4864 838 000 0 1840 317 1723 TSA 669 474 1122 795 947 671 5201 3685 000 0 2061 1460 7085

Components with lt3000 Respondents 1016 197 1454 282 1145 222 4652 902 000 0 1733 336 1939

HRMS-Serviced Support Component Respondents 1113 84 1576 119 1166 88 4397 332 000 0 1748 132 755

Total DHS Respondents 923 1927 1323 2762 1045 2182 4800 10025 000 0 1910 3988 20884

wwwoigdhsgov 42 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 48: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q24 Have you been disciplined for misconduct in the last three years Yes No I do not know Total

USCIS 310 194 9602 6009 088 55 6258 CBP 596 953 9285 14859 119 191 16003 FEMA 230 107 9669 4501 101 47 4655 ICE 561 294 9374 4913 065 34 5241 TSA 940 1355 8925 12869 135 195 14419 Components with lt3000 Respondents 343 186 9601 5199 055 30 5415 HRMS-Serviced Support Component Respondents 350 74 9561 2024 090 19 2117 Total DHS Respondents 585 3163 9310 50374 106 571 54108

Q25 When I was disciplined for misconduct my supervisor clearly informed me of his or her dissatisfaction with my behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2211 44 1307 26 1307 26 3367 67 1457 29 352 7 199 306 CBP 1967 189 1571 151 1394 134 3278 315 1602 154 187 18 961 31 FEMA 1560 17 1468 16 917 10 3486 38 2294 25 275 3 109 336 ICE 2712 80 1525 45 1288 38 2576 76 1695 50 203 6 295 29

TSA 1991 272 1501 205 1435 196 3529 482 1362 186 183 25 1366 308 Components with lt3000 Respondents 2593 49 1270 24 1111 21 3016 57 1746 33 265 5 189 301

HRMS-Serviced Support Component Respondents 946 7 1892 14 1486 11 2838 21 2027 15 811 6 74 334

Total DHS Respondents 2061 658 1506 481 1365 436 3307 1056 1541 492 219 70 3193 308

wwwoigdhsgov 43 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 49: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q26 When I was disciplined for misconduct my supervisor provided suggestions on how to improve the problem behavior

Do not know Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2663 53 1508 30 1658 33 2462 49 1457 29 251 5 199 285 CBP 2810 270 1852 178 1342 129 2581 248 1165 112 250 24 961 274 FEMA 2110 23 1835 20 1468 16 3119 34 1284 14 183 2 109 296 ICE 3593 106 1525 45 1424 42 2305 68 1017 30 136 4 295 256 TSA 2540 347 2050 280 1537 210 2833 387 842 115 198 27 1366 273 Components with lt3000 Respondents 3492 66 1905 36 1429 27 1852 35 1111 21 212 4 189 251 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1622 12 2297 17 1351 10 811 6 74 285 Total DHS Respondents 2765 883 1879 600 1469 469 2624 838 1037 331 225 72 3193 272

Q27 When I was disciplined for misconduct my supervisor gave me the opportunity to correct the problem Do not know no

Strongly Neither agree basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 3116 62 1508 30 1558 31 2111 42 1307 26 402 8 199 269 CBP 3122 300 1738 167 1571 151 2185 210 1145 110 239 23 961 264 FEMA 3028 33 1743 19 1009 11 2294 25 1743 19 183 2 109 279 ICE 3932 116 1661 49 1525 45 1458 43 1220 36 203 6 295 243 TSA 3272 447 1837 251 1545 211 2291 313 776 106 278 38 1366 253 Components with lt3000 Respondents 4444 84 1481 28 847 16 1905 36 1111 21 212 4 189 236 HRMS-Serviced Support Component Respondents 3108 23 1486 11 1486 11 1757 13 1351 10 811 6 74 265 Total DHS Respondents 3335 1065 1738 555 1491 476 2136 682 1027 328 272 87 3193 257

wwwoigdhsgov 44 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 50: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q28 When I was disciplined for misconduct my supervisor imposed discipline in a discreet manner Do not know

Neither agree no basis to Weighted Strongly disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 2462 49 1055 21 1960 39 2764 55 1206 24 553 11 199 291

CBP 2539 244 1446 139 1498 144 3028 291 1290 124 198 19 961 291 FEMA 2936 32 1376 15 1560 17 2385 26 1468 16 275 3 109 28 ICE 3525 104 1186 35 1119 33 2542 75 1458 43 169 5 295 272 TSA 2657 363 1471 201 1698 232 3097 423 908 124 168 23 1366 281 Components with lt3000 Respondents 3175 60 1005 19 1693 32 2434 46 1376 26 317 6 189 278 HRMS-Serviced Support Component Respondents 2432 18 1486 11 1351 10 2703 20 1486 11 541 4 74 293 Total DHS Respondents 2725 870 1381 441 1588 507 2931 936 1153 368 222 71 3193 284

Data for Questions 29 through 42 only show respondents who answered that they are a supervisor or executive to Question 5 and answered yes to Question 29

Q29 Just to confirm do you currently supervise other Federal employees Yes No Total

10000 1126 000 0 1126USCIS CBP 10000 4029 000 0 4029 FEMA 10000 1086 000 0 1086 ICE 10000 940 000 0 940 TSA 10000 3451 000 0 3451 Components with lt3000 Respondents 10000 1130 000 0 1130 HRMS-Serviced Support Component Respondents 10000 428 000 0 428 Total DHS Respondents 10000 12190 000 0 12190

wwwoigdhsgov 45 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 51: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q30 I hold employees accountable for their behavior in the workplace Sometimes

depending on the Yes always circumstances No Total

USCIS 9369 1055 604 68 027 3 1126 CBP 9250 3727 732 295 017 7 4029 FEMA 9411 1022 571 62 018 2 1086 ICE 9277 872 713 67 011 1 940 TSA 9449 3261 542 187 009 3 3451

Components with lt3000 Respondents 9398 1062 584 66 018 2 1130 HRMS-Serviced Support Component Respondents 9463 405 537 23 000 0 428 Total DHS Respondents 9355 11404 630 768 015 18 12190

Q31 Do you know where to go to get policies and procedures on disciplinary actions Yes No Total

USCIS 9334 1051 666 75 1126CBP 9600 3868 400 161 4029 FEMA 9171 996 829 90 1086 ICE 9457 889 543 51 940 TSA 9762 3369 238 82 3451 Components with lt3000 Respondents 9540 1078 460 52 1130 HRMS-Serviced Support Component Respondents 9065 388 935 40 428 Total DHS Respondents 9548 11639 452 551 12190

wwwoigdhsgov 46 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 52: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q32 When was the last time you received training on misconduct and how to take disciplinary actions I have never received training

Within the last 3 or more years on misconduct or year 1 to 2 years ago ago disciplinary actions I do not know Total

USCIS 6909 778 1767 199 560 63 337 38 426 48 1126CBP 4324 1742 2529 1019 2097 845 561 226 489 197 4029 FEMA 5074 551 2394 260 921 100 1179 128 433 47 1086 ICE 5447 512 2202 207 1479 139 468 44 404 38 940 TSA 4993 1723 2185 754 1345 464 994 343 484 167 3451 Components with lt3000 Respondents 4867 550 2566 290 1133 128 920 104 513 58 1130

HRMS-Serviced Support Component Respondents 3621 155 2523 108 1729 74 1192 51 935 40 428

Total DHS Respondents 4931 6011 2327 2837 1487 1813 766 934 488 595 12190

Q33 I need more training on how to handle misconduct and take disciplinary actions Strongly Neither agree I do not Weighted disagree Disagree nor disagree Agree Strongly agree know Total Average

USCIS 728 82 1963 221 2851 321 3393 382 995 112 071 8 1126 32

CBP 434 175 1579 636 2219 894 3939 1587 1814 731 015 6 4029 351 FEMA 470 51 2192 238 2670 290 3481 378 1169 127 018 2 1086 327 ICE 574 54 2106 198 2255 212 3543 333 1521 143 000 0 940 333 TSA 600 207 2043 705 2622 905 3300 1139 1411 487 023 8 3451 329 Components with lt3000 Respondents 814 92 2584 292 2354 266 3265 369 938 106 044 5 1130 309 HRMS-Serviced Support Component Respondents 491 21 1939 83 2453 105 3738 160 1355 58 023 1 428 335 Total DHS Respondents 559 682 1947 2373 2455 2993 3567 4348 1447 1764 025 30 12190 334

wwwoigdhsgov 47 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 53: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q34 Employees have reported suspected misconduct to me Yes No Total

4432 499 5568 627 1126 CBP 5463 2201 4537 1828 4029 FEMA 5101 554 4899 532 1086 ICE 4936 464 5064 476 940 TSA 7212 2489 2788 962 3451 Components with lt3000 Respondents 4566 516 5434 614 1130 HRMS-Serviced Support Component Respondents 4416 189 5584 239 428 Total DHS Respondents 5670 6912 4330 5278 12190

USCIS

Q35 How many times have employees reported suspected misconduct to you in the last three years Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

1 time 1926 1340 2747 139 2165 479 2072 115 2323 108 1361 341 2126 111 2461 47 2 times 2285 1590 2747 139 2265 501 2829 157 2344 109 1883 472 3161 165 2461 47 3 times 1141 794 1304 66 1207 267 1243 69 1097 51 1026 257 1054 55 1518 29 4 or more times 2971 2067 2095 106 2590 573 2649 147 2323 108 3879 972 2299 120 2147 41 I have not received any reports 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 1676 1166 1107 56 1772 392 1207 67 1914 89 1852 464 1360 71 1414 27

wwwoigdhsgov 48 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 54: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q36 I am aware of the types of disciplinary actions I can initiate Strongly Neither agree nor I dont Weighted disagree Disagree disagree Agree Strongly agree know Total Average

USCIS 133 15 622 70 1128 127 5924 667 2096 236 098 11 1126 393 CBP 166 67 484 195 874 352 6275 2528 2162 871 040 16 4029 398 FEMA 230 25 773 84 1151 125 5948 646 1814 197 083 9 1086 384 ICE 181 17 638 60 883 83 6330 595 1904 179 064 6 940 392 TSA 194 67 452 156 864 298 5697 1966 2741 946 052 18 3451 404 Components with lt3000 Respondents 097 11 540 61 991 112 5832 659 2496 282 044 5 1130 401 HRMS-Serviced Support Component Respondents 117 5 864 37 1238 53 5864 251 1776 76 140 6 428 384 Total DHS Respondents 170 207 544 663 943 1150 5998 7312 2286 2787 058 71 12190 397

Q37 Have you taken disciplinary action Yes No Total

USCIS 4467 503 5533 623 1126 CBP 6332 2551 3668 1478 4029 FEMA 5166 561 4834 525 1086 ICE 5830 548 4170 392 940 TSA 7436 2566 2564 885 3451 Components with lt3000 Respondents 5451 616 4549 514 1130

HRMS-Serviced Support Component Respondents 4930 211 5070 217 428

Total DHS Respondents 6199 7556 3801 4634 12190

wwwoigdhsgov 49 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 55: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q38 Please indicate which actions you have taken for misconduct (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Verbal Counseling 9199 6967 9032 457 9432 2410 9217 518 9325 511 8979 2312 9141 564 9242 195

Letter of Counseling 7899 5983 7569 383 7902 2019 6299 354 7536 413 8680 2235 7034 434 6872 145

Letter of Reprimand 5382 4076 3972 201 4975 1271 4075 229 4617 253 6850 1764 4489 277 3839 81 Suspension 3449 2612 3202 162 2595 663 2402 135 3449 189 4746 1222 3258 201 1896 40 Demotion 609 461 692 35 376 96 196 11 493 27 1037 267 324 20 237 5 Removal 2435 1844 2609 132 1452 371 2847 160 2281 125 3293 848 2626 162 2180 46 Other (please specify) 865 655 988 50 838 214 1263 71 876 48 788 203 794 49 948 20

Q39 For which of the following disciplinary actions do you consult human resources employee relations or

Total DHS Respondents

other similar office (Select all that apply) Components with lt3000 Support

USCIS CBP FEMA ICE TSA Respondents Components Verbal Counseling 3499 2645 5000 252 3865 986 5348 300 4818 264 1810 465 4205 259 5640 119

Letter of Counseling 6702 5067 8353 421 6837 1744 7219 405 7500 411 5664 1455 7532 464 7915 167 Letter of Reprimand 8254 6240 8492 428 8228 2099 7950 446 8412 461 8206 2108 8571 528 8057 170 Suspension 7811 5905 8175 412 7542 1924 7201 404 7828 429 8120 2086 7971 491 7536 159 Demotion 6392 4832 7421 374 6182 1577 5865 329 6551 359 6392 1642 6656 410 6682 141 Removal 7175 5424 7956 401 6735 1718 7184 403 7099 389 7369 1893 7468 460 7583 160

None of the above 337 255 258 13 306 78 250 14 255 14 459 118 195 12 284 6 I do not know 164 122 079 4 196 50 196 11 128 7 183 47 049 3 000 0 All of the above 000 2 000 0 000 0 000 0 000 0 000 0 000 0 095 2

wwwoigdhsgov 50 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 56: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q40 Does your immediate supervisor support your efforts to take disciplinary actions when warranted Sometimes depends I do not know no Yes always No Total on the circumstances basis to judge

USCIS 5249 591 2176 245 293 33 2282 257 1126 CBP 5088 2050 2964 1194 524 211 1425 574 4029 FEMA 4530 492 2661 289 451 49 2357 256 1086 ICE 5149 484 2372 223 585 55 1894 178 940 TSA 5227 1804 3399 1173 507 175 866 299 3451 Components with lt3000 Respondents 5354 605 2177 246 372 42 2097 237 1130 HRMS-Serviced Support Component Respondents 4509 193 2173 93 514 22 2804 120 428 Total DHS Respondents 5102 6219 2841 3463 482 587 1576 1921 12190

Q41 What actions have you taken with employees in lieu of discipline (Select all that apply) Components with lt3000 Support

DHS USCIS CBP FEMA ICE TSA Respondents Components Allowed employees to resign with no indication of disciplinary action on their record 733 894 622 70 449 181 820 89 681 64 1095 378 796 90 514 22 Detailed employees to other positions or offices 545 664 488 55 553 223 764 83 617 58 409 141 708 80 561 24 Relieved employees of certain responsibilities 1815 2212 1483 167 1772 714 2449 266 1798 169 1669 576 2106 238 1916 82 Relieved employees of supervisory duties 439 535 426 48 325 131 626 68 287 27 559 193 460 52 374 16 Transferred employees to other positions at same grade 419 511 524 59 375 151 709 77 596 56 267 92 460 52 561 24 I have not taken any actions in lieu of discipline 6590 8033 6803 766 6902 2781 5691 618 6862 645 6471 2233 6354 718 6355 272 I have not needed to take disciplinary action 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1196 1458 1421 160 1144 461 1354 147 968 91 1223 422 1062 120 1332 57

wwwoigdhsgov 51 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 57: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q42 Have you wanted to take disciplinary action but chose not to because (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

I was fearful of an employee grievance 450 548 488 55 447 180 672 73 681 64 261 90 513 58 654 28 I was fearful of an equal employment opportunity (EEO) complaint 552 673 391 44 541 218 948 103 766 72 394 136 593 67 771 33 I did not want to offend the employee 064 78 053 6 069 28 138 15 021 2 041 14 088 10 070 3 I feared retaliation by the employee 444 541 417 47 382 154 737 80 468 44 397 137 469 53 607 26 I lacked knowledge of the disciplinary process 551 672 337 38 690 278 552 60 468 44 513 177 407 46 678 29 I thought the case would be settled anyway because similar actions were settled in the past 451 550 258 29 640 258 414 45 596 56 368 127 212 24 257 11 It took time away from other duties 403 491 346 39 405 163 525 57 574 54 264 91 575 65 514 22 Management mitigated (decreased the penalty) on similar actions in the past 1475 1798 915 103 1665 671 912 99 1340 126 1921 663 850 96 935 40 I did not believe management would support my efforts 1778 2167 1323 149 1936 780 1851 201 1936 182 1799 621 1442 163 1659 71 The employee was a good performer 533 650 213 24 670 270 368 40 404 38 646 223 381 43 280 12 Not applicable - I have not wanted to take disciplinary action -OR- I have always chosen to take disciplinary action 6127 7469 6936 781 5835 2351 6133 666 6415 603 5795 2000 6965 787 6565 281 Other (please specify) 1040 1268 1083 122 1122 452 1050 114 936 88 1066 368 805 91 771 33

wwwoigdhsgov 52 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 58: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

office Does your work include handling disciplinary actions Yes No Total

USCIS

Data for Questions 43 through 58 only show respondents who answered affirmatively in Question 6 that they currently work in human resources employee relations professional responsibility or other similar office and responded yes they handle disciplinary actions to Question 43

Q43 You indicated that you work in a human resources employee relations professional responsibility or other similar

10000 178 000 0 178CBP 10000 387 000 0 387FEMA 10000 138 000 0 138ICE 10000 115 000 0 115TSA 10000 391 000 0 391Components with lt3000Respondents 10000 111 000 0 111HRMS-Serviced Support Component Respondents 10000 47 000 0 47 Total DHS Respondents 10000 1367 000 0 1367

wwwoigdhsgov 53 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 59: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q44 What factors deter supervisors in your servicing area from disciplining employees (Select all that apply)

Total DHS Respondents USCIS CBP FEMA ICE TSA

Components with lt3000 Respondents

Support Components

Cases will be settled anyway 1573 215 1124 20 2506 97 1232 17 2435 28 870 34 1351 15 851 4 Lack of support from management 3497 478 2921 52 3488 135 4493 62 3304 38 3581 140 3423 38 2766 13

Reluctance to deal with potential equal employment opportunity (EEO) complaints 3833 524 3202 57 3618 140 5145 71 4609 53 3529 138 3694 41 5106 24

Reluctance to deal with potential grievances 4016 549 3596 64 4444 172 4493 62 4435 51 3350 131 3874 43 5532 26 The disciplinary process is too time-consuming 3606 493 3539 63 3669 142 2971 41 3304 38 3836 150 3153 35 5106 24 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 2531 346 3090 55 2661 103 2029 28 2696 31 2251 88 2613 29 2553 12 Other (please specify) 2187 299 2079 37 2222 86 1522 21 1739 20 2404 94 2883 32 1915 9

Q45 Does your component have a Table of Penalties Yes No I do not know Total

5674 101 225 4 4101 73 178 CBP 8553 331 129 5 1318 51 387 FEMA 1957 27 2391 33 5652 78 138 ICE 8522 98 348 4 1130 13 115 TSA 8824 345 256 10 921 36 391 Components with lt3000 Respondents 5946 66 811 9 3243 36 111

HRMS-Serviced Support Component Respondents 4681 22 851 4 4468 21 47

Total DHS Respondents 7242 990 505 69 2253 308 1367

USCIS

wwwoigdhsgov 54 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 60: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q46 My componentrsquos Table of Penalties provides sufficient guidance on charge selection36

Strongly Neither agree Strongly I dont Weighted disagree Disagree nor disagree Agree agree know Total Average

USCIS 396 4 495 5 1386 14 4158 42 3366 34 198 2 101 398 CBP 211 7 1024 34 904 30 5301 176 2380 79 181 6 332 388 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 306 3 510 5 1429 14 5204 51 2449 24 102 1 98 391 TSA 202 7 720 25 836 29 5735 199 2363 82 144 5 347 395 Components with lt3000 Respondents 303 2 303 2 1212 8 5303 35 2424 16 455 3 66 397 HRMS-Serviced Support Component Respondents 000 0 909 2 909 2 7727 17 000 0 455 1 22 371 Total DHS Respondents 242 24 735 73 1037 103 5398 536 2397 238 191 19 993 391

Q47 My componentrsquos Table of Penalties provides a list of charges that is specific enough Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 594 6 1881 19 4059 41 2772 28 297 3 101 385 CBP 181 6 1386 46 994 33 5060 168 2199 73 181 6 332 379 FEMA 370 1 370 1 3704 10 4074 11 1111 3 370 1 27 354 ICE 510 5 102 1 1633 16 5816 57 1939 19 000 0 98 386 TSA 173 6 749 26 836 29 6052 210 2075 72 115 4 347 392 Components with lt3000 Respondents 152 1 455 3 1212 8 5606 37 2121 14 455 3 66 395 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 232 23 866 86 1178 117 5438 540 2105 209 181 18 993 385

36 SurveyMonkey confirmed that an error caused three additional respondents to be added to Questions 46ndash50

wwwoigdhsgov 55 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 61: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q48 My componentrsquos Table of Penalties provides sufficient guidance on penalty selection Strongly Neither agree nor Weighted disagree Disagree disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1584 16 3663 37 2673 27 396 4 101 372 CBP 211 7 1175 39 1325 44 4940 164 2199 73 151 5 332 379 FEMA 370 1 000 0 2963 8 5185 14 1111 3 370 1 27 369 ICE 306 3 816 8 1429 14 5408 53 2041 20 000 0 98 381 TSA 231 8 893 31 1037 36 5591 194 2133 74 115 4 347 386 Components with lt3000 Respondents 303 2 303 2 1818 12 4848 32 2121 14 606 4 66 387 HRMS-Serviced Support Component Respondents 000 0 1364 3 909 2 7273 16 000 0 455 1 22 362 Total DHS Respondents 252 25 967 96 1329 132 5136 510 2125 211 191 19 993 381

Q49 My componentrsquos Table of Penalties contains adequate guidance on progressiveness of penalties Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 495 5 1188 12 1188 12 3960 40 2970 30 198 2 101 379 CBP 271 9 1355 45 1084 36 4849 161 2259 75 181 6 332 376 FEMA 370 1 000 0 2222 6 5926 16 1111 3 370 1 27 377 ICE 408 4 408 4 1122 11 6122 60 1939 19 000 0 98 388 TSA 317 11 1124 39 1066 37 5447 189 1902 66 144 5 347 376 Components with lt3000 Respondents 606 4 303 2 1364 9 5152 34 2121 14 455 3 66 383 HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 342 34 1057 105 1158 115 5176 514 2085 207 181 18 993 377

wwwoigdhsgov 56 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 62: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q50 My componentrsquos Table of Penalties contains a range of penalties that is appropriate Strongly Neither agree Weighted disagree Disagree nor disagree Agree Strongly agree I dont know Total Average

USCIS 396 4 1287 13 1386 14 3960 40 2772 28 198 2 101 376 CBP 211 7 1054 35 1235 41 5181 172 2169 72 151 5 332 382 FEMA 370 1 000 0 2593 7 5556 15 1111 3 370 1 27 373 ICE 612 6 714 7 1224 12 5714 56 1735 17 000 0 98 372 TSA 231 8 432 15 1009 35 6081 211 2104 73 144 5 347 395 Components with lt3000 Respondents 303 2 455 3 1515 10 4848 32 2273 15 606 4 66 389

HRMS-Serviced Support Component Respondents 000 0 1364 3 1818 4 6364 14 000 0 455 1 22 352 Total DHS Respondents 282 28 765 76 1239 123 5438 540 2095 208 181 18 993 385

Q51 In general who selects the initial penalty in a disciplinary action related to misconduct (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

The employees first-line supervisor 3287 448 2584 46 1974 76 4855 67 1579 18 4487 175 4595 51 3191 15 The employees second-line supervisor 1592 217 1124 20 1844 71 1014 14 1754 20 1897 74 1351 15 638 3 A specialist like myself in human resources employee relations or other similar office 1313 179 1180 21 1870 72 1377 19 789 9 1179 46 450 5 1489 7 I do not know 1511 206 2079 37 1532 59 1884 26 1930 22 846 33 1802 20 1915 9 Other (please specify) 2296 313 3034 54 2779 107 870 12 3947 45 1590 62 1802 20 2766 13

wwwoigdhsgov 57 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 63: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q52 Which of the following scenarios describes how letters regarding disciplinary actions are prepared (Select all that apply)

Components Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Human Resources (HR) Employee Relations (ER) or other similar office provides a template letter for supervisors to complete 3350 458 2416 43 3333 129 3261 45 2696 31 4169 163 3153 35 2553 12 HR ER or similar office writes letters based on the facts given by the supervisors Supervisors prepare letters and send them to HR ER or similar office to review

4126

3628

564

496

3764

2809

67

50

5194

2558

201

99

3406

3551

47

49

4348

2435

50

28

3453

5806

135

227

3784

2883

42

32

4681

2340

22

11 Supervisors do not involve HR ER or other similar office in the process I do not know Other (please specify)

329 1595

783

45 218

107

393 2416

899

7 43

16

207 1576

646

8 61

25

580 2464

290

8 34

4

174 2087

1130

2 24

13

409 563

818

16 22

32

360 1982

1081

4 22

12

000 2553

1064

0 12

5

wwwoigdhsgov 58 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 64: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q53 When was the last time you attended training on misconduct and disciplinary actions Within the last year 1 to 2 years ago 3 or more years ago Never I do not know Total

USCIS 5506 98 1517 27 1236 22 955 17 787 14 178 CBP 3979 154 1860 72 1860 72 1370 53 930 36 387 FEMA 5000 69 1957 27 797 11 1812 25 435 6 138 ICE 5043 58 1913 22 1478 17 1391 16 174 2 115 TSA 5064 198 1765 69 1765 69 972 38 435 17 391 Components with lt3000 Respondents 3243 36 2162 24 1892 21 2072 23 631 7 111 HRMS-Serviced Support Component Respondents 4468 21 2128 10 1489 7 1064 5 851 4 47 Total DHS Respondents 4638 634 1836 251 1602 219 1295 177 629 86 1367

Q54 I need more training on misconduct and disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 1236 22 1404 25 3258 58 2753 49 1236 22 112 2 178 314 CBP 879 34 1912 74 1964 76 3256 126 1860 72 129 5 387 334 FEMA 725 10 1522 21 2536 35 4130 57 1087 15 000 0 138 333 ICE 957 11 2957 34 2348 27 2087 24 1565 18 087 1 115 304 TSA 512 20 2046 80 2609 102 3095 121 1688 66 051 2 391 334 Components with lt3000 Respondents 811 9 2523 28 2342 26 3423 38 811 9 090 1 111 309 HRMS-Serviced Support Component Respondents 1064 5 1702 8 2979 14 2553 12 1277 6 426 2 47 313 Total DHS Respondents 812 111 1975 270 2473 338 3124 427 1522 208 095 13 1367 326

wwwoigdhsgov 59 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 65: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q55 My office has sufficient staff to assist management with disciplinary actions in a timely manner Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

USCIS 449 8 1292 23 1854 33 4438 79 1517 27 449 8 178 355 CBP 1447 56 1964 76 1602 62 3282 127 1085 42 620 24 387 306 FEMA 652 9 1087 15 2101 29 5072 70 797 11 290 4 138 344 ICE 1043 12 1217 14 1913 22 3652 42 1652 19 522 6 115 339 TSA 1483 58 2251 88 1662 65 3427 134 946 37 230 9 391 301 Components with lt3000 Respondents 1441 16 1982 22 1622 18 3333 37 1171 13 450 5 111 308 HRMS-Serviced Support Component Respondents 851 4 1064 5 1489 7 5532 26 426 2 638 3 47 339 Total DHS Respondents 1192 163 1778 243 1726 236 3767 515 1105 151 432 59 1367 319

Q56 Supervisors are adequately trained in disciplinary actions Do not know

Strongly Neither agree no basis to Weighted disagree Disagree nor disagree Agree Strongly agree judge Total Average

1011 18 1685 30 2921 52 2640 47 787 14 955 17 178 306 CBP 1576 61 3101 120 1757 68 2351 91 646 25 568 22 387 272 FEMA 1232 17 2029 28 2826 39 3116 43 435 6 362 5 138 295 ICE 1304 15 2435 28 1913 22 3043 35 435 5 870 10 115 288 TSA 1637 64 3018 118 2251 88 2455 96 460 18 179 7 391 27 Components with lt3000 Respondents 991 11 1982 22 2072 23 3423 38 631 7 901 10 111 308 HRMS-Serviced Support Component Respondents 1489 7 2128 10 2979 14 2553 12 213 1 638 3 47 277 Total DHS Respondents 1412 193 2604 356 2238 306 2648 362 556 76 541 74 1367 282

USCIS

wwwoigdhsgov 60 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 66: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Q57 Do your components senior leaders support your efforts to recommend or take disciplinary actions when warranted Sometimes depends I do not know no

Yes always on the circumstances No basis to judge Total 3315 59 2865 51 1292 23 2528 45 178USCIS

CBP 3282 127 3643 141 801 31 2274 88 387 FEMA 2536 35 3913 54 1159 16 2391 33 138 ICE 3130 36 2522 29 1304 15 3043 35 115 TSA 3223 126 4297 168 1049 41 1432 56 391 Components with lt3000 Respondents 2883 32 3333 37 1261 14 2523 28 111 HRMS-Serviced Support Component Respondents 2340 11 3617 17 1064 5 2979 14 47 Total DHS Respondents 3116 426 3636 497 1061 145 2187 299 1367

Q58 What actions have been taken with employees in lieu of discipline (Select all that apply) Components

Total DHS with lt3000 Support Respondents USCIS CBP FEMA ICE TSA Respondents Components

Employees were allowed to resign with no indication of disciplinary action on their record 4111 562 3315 59 4109 159 3188 44 4261 49 4834 189 4324 48 2979 14 Employees were detailed to other positions or offices 2941 402 2472 44 3385 131 3551 49 3739 43 1944 76 4324 48 2340 11 Employees were relieved of certain responsibilities 3299 451 3146 56 3643 141 2971 41 3478 40 2864 112 4054 45 3404 16 Employees were relieved of supervisory duties 2634 360 2809 50 2946 114 2246 31 2522 29 2353 92 3063 34 2128 10 Employees were transferred to other positions at same grade 2524 345 2472 44 2687 104 2826 39 2957 34 1790 70 3694 41 2766 13 I am not aware of any actions taken in lieu of discipline 3497 478 3820 68 3540 137 3478 48 3217 37 3529 138 2883 32 3830 18 None of the above 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 I do not know 000 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0 Other (please specify) 1258 172 1180 21 1318 51 1087 15 1217 14 1100 43 1802 20 1702 8

wwwoigdhsgov 61 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 67: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix F Office of Audits Major Contributors to This Report

The Office of Audits contributors to this report are

Christine Haynes Director Anne Mattingly Audit Manager Michael Staver Audit Manager Heidi Einsweiler Analyst in Charge Philip Emswiler Analyst in Charge Tessa Clement Program Analyst Jeanette Hyatt Auditor Kathleen Hyland Auditor Nancy Pergolizzi Auditor Kendra Starkus Program Analyst M Faizul Islam PhD Statistician Kelly Herberger Supervisory Communications and Policy Analyst Lindsey Koch Communications Analyst Dana Barnett Independent Referencer Connie Tan Independent Referencer

wwwoigdhsgov 62 OIG-19-48

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 68: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

OFFICE OF INSPECTOR GENERAL Department of Homeland Security

Appendix G Report Distribution

Department of Homeland Security

Secretary Deputy Secretary Chief of Staff General Counsel Executive Secretary Director GAOOIG Liaison Office Assistant Secretary for Office of Policy Assistant Secretary for Office of Public Affairs Assistant Secretary for Office of Legislative Affairs Acting Deputy Under Secretary for Management Chief Human Capital Officer

Office of Management and Budget

Chief Homeland Security Branch DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

wwwoigdhsgov 63 OIG-19-48

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305

Page 69: OIG-19-48 - DHS Needs to Improve Its Oversight of ... · Oversight of Misconduct and Discipline June 17, 2019 Why We Did This Audit We conducted this ... Department’s policy does

Additional Information and Copies

To view this and any of our other reports please visit our website at wwwoigdhsgov

For further information or questions please contact Office of Inspector General Public Affairs at DHS-OIGOfficePublicAffairsoigdhsgov Follow us on Twitter at dhsoig

OIG Hotline To report fraud waste or abuse visit our website at wwwoigdhsgov and click on the red Hotline tab If you cannot access our website call our hotline at (800) 323-8603 fax our hotline at (202) 254-4297 or write to us at

Department of Homeland Security Office of Inspector General Mail Stop 0305 Attention Hotline 245 Murray Drive SW Washington DC 20528-0305