a-o-Mu 5 Mm {Mue~1k 0 unto-l unna- Dose- tongue?! at the Guitar bums bone: of COMMITTEE ON OVERSIGHT AND REFORM 2157 mm House Omar wmrm. DC 2056-6143 50" -F- W0 April 26, 2016 The Hononble Peter V. Neffengcr Admtnistntor Trampomtion Security Administration 601 l2th Street, South Arlington, VA 20598 Dear Administrator Ne?'engcr. We are writing to request information regarding (I) the process by which Joseph Salvator. currently the Deputy Director for Mission Support in the Of?ce of Secunty Openuons (OSO). wu disciplined in 20} 5 for misconduct. end (2) the process by which his security clearance was rcwewcd after this discupline wes imposed. We are writing privately at this point because we went to protect the interests of mother Trenspomtion Security Administration (TSA) employee who was the subject of some of the ICIIODS for which Mr. deaor we: disciplined. Concerns About Ssh-star's Settlement Agreement 01': June 15. 2015. Donna Reel-tuba ofTSA's Of?ce of Professional Responsibility issued I Notice of Proposed Removal (NPR) recommending that Mr. Selntor. then Assam Administrator in the Of?ce end Analysis (OIA), be terminated from. Its employment at TSA. This recommendation was based on the ?ndings of: Report of Investigation (ROI) issued by TSA's Office of Inspections (001) on Apn'l 7. 2015. The NPR found Mr Salvator exhibited a leek of candor and poor judgment and enqu tn Impch and wiprofessioml conduct' Speci?cally. Ms. Reel-lube found that Mr. Selvetor exhibited ?[ploor Madman? by engaging in a "relationship with . . . a lower level employee who in 2014 becune your subordinate, that was not nppeopriete for the Ms. Rschuba found that while under oath. Mr. Selvetor was ?less than undid when responding to the inter-View questions.?3 She noted to Mr. Selvetor the: he described to investigators ?the mmre of your relationship with as non-sexual end non-romantic friendship," chimed tint he ?made it very cleu from the beginning' to 'Notiee of Proposed lenovel horn Done Recluse. Uni Duel, Of?ce of NW Iwbil'ly. Tmmuoo Security Adminmticn. to Jasepb Solvent. Assiunt Adu?eistntor. O?ce of when: Analyst-s. TW Security Administration (June 15. 2015) Id. 14 The Honorable Peter V. Neffenger April 26. 20l6 Page 2 that your relationship 'would never become sexual.?? and claimed he never ??sexted?" with the indivrdual. According to the R01. Mt Salvator made these claims even though he sent an email to the Individual on the morning of October 30, 2014, containing ?sexually explicit language directed toward" the individual.? Ms Rachuba found Mr. Salvator lacked candor by asserting he had reported his ,t relationship with the indivrdual to his superiors Mr. Salvator told investigators he ?reported the relationship to Marl: Hat?eld when he became the Acting Deputy Administrator of However, when investigators ?interviewed then Acting Deputy Administrator Hat?eld." Mr. Hat?eld told them Mr. Salvator "never disclosed to him" this information.5 Mr. Salvator was also found to have lacked candor when he told investigators he sought advice regarding his relationship with the individual from 001 counsel.? In addition to a lack of candor, Ms Rachuba found Mr. Salvator engaged in ?inappropriate conduct" when he placed a TSA employee into an 00! Executive Advisor position without adequate competition, Ms. Rachuba also found Mr. Salvator engaged in "unprofessional conduct" when he sent an email disparaging another member of the TSA's Senior Executive Service. Ms Radiuba concluded Mr. Salvator?s behavior ?is inexcusable" and he has "no peteniial for rehabilitation She wrote: Although your decision to engage in an inappropriate relationship while serving as a member of the senior leadership team at TSA showed poor judgment. your subsequent attempts to conceal youzacn'ons by being less than candid regarding multiple matters while being questioned by 00! has irretrievably undermined TSA's ability to trust you. Ms Rachuba continued. also find that the deliberate nature of your actions and your position as a senior lode: in the organization warrant a penalty in the aggravated range, which includes removal for all four Charges." Ms. Rachuba concluded ?that removal is the appropriate penalty for your misconduct. and the least severe action necessary to promote the efficiency of the service.? On April is. 2016, Committee stafTeondueted a uamcribed tntervicw with Mr sum?, during which he explained that an "hour or lus" after receiving this Notice of Proposed Removal on June IS. 2015. TSA of?cials presented him with a proposed settlement agreement that signi?cantly reduced his disciplinary pantry.? Transportation Securl'y Administration. quirr oft-wannabe Case Hie-bar "50026 (Apr 1. 2015). at Attachment 2. ?Notiu of Prepoaed Removal com Donna H. mm Unit cant. 017:: at notesimi Responsibility, Transportation Security Administration. to Joseph Salvator, Assistant Administrator. OtTiee of intelligence Analysis, Transportation Seemty Administration (June IS. rd ll. Comm on Oversight l. Gov'i Reform. Transcribed Interview ofloaeph Salvator. Tr at 255 (W. IS. 2016) The Honorable Peter V. Ne?'enger April 26. 20l 6 Page The settlement. which was signed on lune I8. 2015. by Mr. Salvator. Mr. Hatfield. and Heather Book. the Assith Administrator of CPR. rejected Ms. Rachuba?s recommendation for meal. Instead. it penalized Mr Salvaror with a N-day suspension. removal from the Senior 7 Executive Service for one year. and a reduction in grade to the Pay Band. The proposed settlement allowed Mr. Salvator to continue receiving ?the same total rate of pay in the Pay Band as [Salvator] currently makes in the TSES (save On April 21.2016. Committee staff received a brie?ng from General Francis Taylor. who was serving Acting Administrator of TSA when Mr. Hat?eld and Ms. Book agreed to the settlement with Mr. Salvatore instead of terminating his employment." When asked haw this settlement agreement came about. General Taylor explained he met with Mr. Hatfield. Ms. Book. and TSA's Chief Comsel. Francine Kemer. to discuss what penalty Mr. Salvatnr should recove. Of particular concern. General Taylor told Committee mummiewed the Natice of Proposed Removal before TSA o?'ered Mr. Salvatore a settlement agreement allowing him to remain employed by the agency. Instead. he reviewed only a memorandwn provrded by Mr. Hat?eld. GeneraL'l?aylor also concededhe was not aware the settlement agreement allowed Mr. Salvatore to retain his current salary level. It remains unclear how or why TSA o?icials found the discipline included tn the settlement to be appropriate given the serionsness of the ?ndings against Mr. Salvamr and wit TSA officials presented the proposed settlement within an hour of Mr. Salvator's receipt of the recommended termination. We request you seek an independent review of the process used to recommend and impose action against Mr. Salvator. including the process by which disciplinary actions are settled and proposed disciplinary measures are reduced at TSA Concerns About Salvator's Security Clearance Review Regardless of the ?nal disciplinary penalty ultimately imposed by TSA of?cials against Mr. Salvator. the gravity of the investigative ?ndings against him?particularly with respect to his lack of candor under oath?should have resulted in a review of his ?tness to hair! a seeamty clearance to access classified national security information As Ms. Rachuba more; Lack of candor is a serious offense when committed by any employee it is especially serious when it is committed by a member of senior leadership and the Assisunt Administrator of the O?ce of intelligence and Analysis. Settlement Agreemmt and Release Between Joseph Salvuor. Assistant Administrator. GM of Intelligence Analysis. Transportation Sewnty Adminisrraoon. and the Transparent? Securl'y Adminme Brie?ng by General Francis X. Taylor. Under Secretary for intelligence and Analysis. Deparunent of Homeland Security. to Home Gownrnent Reform Germaine: (Apr. 20l6) Notice of Proposed Removal torn Donna M. Rachuba. Una Chief. Of?ce of Pmlessional Reversibility. Transportation Security to loaepb Salvator. Assistant ?trimmer. Other at lat-stigma Analyse. Tramponatioa Security Administration (lune IS. 20 IS). The Honorable Peter Neffenger April 26. 2016 Page 4 Under Executive Order l2986. only individuals who exhibit ?strength of character, trustworthiness. honesty. reliability, discretion. and sound judgment. as well as freedom from con?icting allegiances and potential for coercion" shall be granted access to classi?ed information." When General Taylor bnefed Committee staff on April 21. 2016. he stated that he assumed a review of Mr. Salvator's times to hold a security clearance would be conducted because it was a standard practice whenever disciplinary action was taken, but he had no knowledge of whether such a review happened in Mr. Salvator's case.ls In this case. the NPR issued on April 7, 2015. found Mr. Salvator exhibited poor judgment and a lack of candor. and this conclusion should have caused TSA of?cials to request a review of Mr. Salvator's security clearance. Yet. today Mr. Salvator continues to hold the position of Deputy Director in the Business Management Office within the Of?ce of Security Operations. and he appears to continue to hold his security clearance. Conclusion in light of this information. we request that you provide information to the Committee as somt as possible regarding the princes by which the recommendation for Mr Salvatore's termination was overruled and replaced with a much less severe penalty in less than one hour. We are also making a request of the Department of Homeland Security Inspector General to investigate the process by which Mr. Salvator's security clearance was reviewed following the ROI. and Whether it was conducted under the proper procedures. If you have any questions about this request. please contact Michael Ding of Chairman Cha?'etz' staff at (202) 225-5074 or Ducinda Lessley with Ranking Member Cummings' Staff at (202) 225-5501. Thank you for your coOperation with this matter. - i Sincerely, .l .1 z, ?1 414.51: ti Jason Cha??etz Elija. Cummings Chairman Ranking Member ccz. The Honorable John Roth, lnspecror General Department of Homeland Security Em Order No. 12961. 60 FR 40245 (Aug 7, I995) Briefing by Francis Taylor, Under Secretary for Intelligence and Analysis. Department of Homeland Secumy. on House Govemment Reform (Apr 2l. 20l6).