Home Legislative Action Congressional Testimony Federal Employee Workplace Safety and Security

Federal Employee Workplace Safety and Security

3/16/2010

House Committee on Oversight and Government Reform Subcommittee on Federal Workforce, Postal Service and the District of Columbia

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Chairman Lynch, Ranking Member Chaffetz, and distinguished members of the Subcommittee, I would like to thank you for allowing me to provide comments on federal employee workplace safety and security. As President of the National Treasury Employees Union (NTEU), I have the honor of representing over 150,000 federal workers in 31 federal agencies and departments.

Mr. Chairman, recent events have once again raised concerns about the vulnerability of federal buildings and the safety and security of federal employees who work in them around the country. As you know, on Thursday, February 18, in what authorities believe was an intentional suicide attack, a pilot crashed his small plane into a building housing almost 200 IRS employees in Austin, TX. The attack, in which one IRS employee lost his life and several others were seriously injured, serves as a grim reminder of the great risk that federal employees face each and every day in service to this country.

Data from the Treasury Inspector General for Tax Administration (TIGTA), which is charged with investigating threats and assaults against IRS personnel, show that IRS workers are among the most targeted group of federal employees due to the nature of their work, which often requires close interaction with the public. According to TIGTA, more than 1,200 threat and assault cases were referred to TIGTA for investigation between 2001 and 2008. The cases resulted in more than 167 indictments and at least 195 convictions.

In addition, in recent years, several high profile cases in which disgruntled taxpayers have threatened to kill IRS employees or blow up IRS offices, further underscore the real and constant danger that IRS employees must face every day as they carry out their duties.

This incident also further heightened ongoing concerns by many federal employees that current safety and security standards at many federal facilities are insufficient.

Federal Building Security

Mr. Chairman, as you know, the responsibility for ensuring the physical safety of federal employees who work in roughly 9,000 federally owned and leased facilities is given to the Federal Protective Service (FPS), within the Department of Homeland Security. Part of that responsibility also includes ensuring the security of U.S. citizens who visit many of the federal workplaces. On any given day, there can be well over one million people who are tenants of, and visitors to, federal worksites nationwide.

Unfortunately, recent reports in the media, congressional testimony by the Government Accountability Office (GAO), and numerous conversations with federal employees represented by NTEU raise concerns that government employees and members of the public are not receiving the proper level of protection from the FPS. In particular, NTEU believes that inadequate funding, staffing and training at the FPS have hampered its ability to carry out its core missions to protect facilities, to complete building security assessments in a timely and professional manner, and to monitor and oversee contract guards.

According to the GAO, the FPS workforce has decreased about 15 percent from almost 1,400 employees in FY 2004 to about 1,200 employees at the end of fiscal year 2009. Given that there are approximately 9,000 federally-owned and leased buildings to protect, the FPS also contracts

with nearly 15,000 guards who handle the bulk of security at these facilities. In recent testimony before Congress, GAO also expressed concern that FPS was unable to properly manage these contracts.

But despite these warnings, in September of last year GAO released the preliminary results of a review of the operational and management challenges facing the FPS which found that federal employees, buildings and visitors may be at risk due to unqualified contract guards who were also lacking proper certifications. Additionally, GAO reported that FPS was still not providing sufficient oversight of the contracts of FPS personnel. Most troubling, GAO identified substantial security vulnerabilities related to FPS’s guard program, including instances where explosive materials were able to successfully pass undetected through FPS monitored security checkpoints.

FPS officials have admitted that with limited law enforcement personnel, the agency is reduced to serving a reactive role, rather than a proactive force patrolling federal buildings and preventing criminal acts. The majority of contract guards are stationed at fixed posts, which they are not permitted to leave, and they do not have arrest authority. FPS has also reduced the hours of operation for providing law enforcement services at many federal buildings, resulting in a lack of coverage when employees are coming and going, and during weekend hours.

While we understand that FPS has met a congressionally-mandated staffing level of 1,200 employees, 900 of whom are required to be full-time law enforcement professionals, NTEU remains concerned that this number falls far short of the number of federal law enforcement officers necessary to secure roughly 9,000 federal buildings and maintain proper oversight of 15,000 contractors.

That is why we were disappointed to see that the Administration’s budget request for FY 20011 includes no additional funding for the FPS above the FY 2010 level and proposes eliminating the minimum staffing standards previously established by Congress.

The importance of providing adequate security at federal buildings is of great concern to NTEU and our members who have repeatedly voiced their concerns about the safety of their workplaces, their own personal safety and that of the visiting public. NTEU strongly believes that only by providing FPS with increased staffing can we ensure that they are able to carry out their mission of securing federal buildings and ensuring the safety of the thousands of federal employees they house daily.

NTEU believes the transfer of FPS from U.S. Immigration and Customs Enforcement (ICE) to the National Protection and Programs Directorate (NPPD) will help FPS better focus on its primary mission of securing GSA owned and leased federal buildings by performing building security assessments and deploying appropriate countermeasures.

Security at the IRS

Mr. Chairman, as the Federal inventory of buildings has steadily increased over the last 30 years, the uniformity and implementation of security standards have varied greatly. Prior to 1995, minimum physical security standards did not exist for nonmilitary federally owned or leased facilities. But

even with established minimum safety standards, security at federal facilities can vary greatly from agency to agency and even from building to building.

This is particularly true for agencies like the IRS, which must offer public access to provide customer service. The IRS is widely dispersed with approximately 755 facilities throughout the nation. These facilities can range from one-person offices to large tax return processing campuses with thousands of employees. There are also different tenant sharing arrangements at these facilities, from being housed as an IRS-only office to sharing building space with other Federal agencies and other private companies. In buildings where the IRS is not the lead agency or tenant (i.e., the largest organization in the building) the IRS must propose changes through a building security committee.

NTEU members have consistently voiced concern over the inconsistency of safety and security measures at IRS facilities across the county, in particular, at facilities like Taxpayer Assistance Centers (TACs) which must offer public access in order to provide customer service. In many instances, there is an absence of any type of security presence at these TACs, which has heightened fears among employees that they are particularly vulnerable to threats and attacks.

Unfortunately, IRS has been slow to recognize the importance and necessity of providing a security presence at all IRS facilities. In fact, just recently, in the face of strong opposition by NTEU and our members, the IRS was forced to abandon an initiative to “standardize” its use of contract guards and dogs at various locations across the U.S., which would have resulted in the elimination or reduction of guard service at 42 posts. While NTEU was successful in fighting this planned reduction of guard services, many IRS facilities remain woefully unprotected. According to IRS, of the roughly 755 IRS facilities located nationwide, just 275, or 36%, have some type of security detail. Thus, 480 IRS facilities, roughly 64%, are without any security presence whatsoever. This is clearly unacceptable.

Mr. Chairman, the absence of adequate security at IRS locations is just one of many security related concerns reported by NTEU members in recent years, which also include: IRS taxpayer walk-in centers without metal detectors, or operational, monitored security cameras; insufficient perimeter lighting; inoperable security equipment; parking areas without security camera coverage; security service spread thin by guards required to leave their posts and patrol loading docks during deliveries; security devices ordered but uninstalled due to inadequate funding; malfunctioning security cameras, security gates and magnetometers; IRS walk-in centers with only cipher locks on the front doors; open loading docks without a security presence; excessive waits for security personnel arrival after making an emergency call; security cameras discovered to not have film after a robbery; and inoperable fire alarms.

As you can see, IRS workers’ concerns about the heightened risk of threats and attacks at IRS facilities, in particular, at those which must offer public access in order to provide customer service, are not unfounded.

Mr. Chairman, I would like to state my appreciation to IRS Commissioner Shulman and Treasury Secretary Geithner for their efforts in the aftermath of the Austin IRS attack and I am hopeful that we can build on those efforts to improve worker safety at the IRS.

NTEU Recommendations

In an effort to help IRS minimize the threat of violence against IRS employees as they administer the Internal Revenue Code, NTEU proposes the following recommendations:

(1) IRS undertake a comprehensive review of safety and security measures at all IRS facilities;

(2) ensure IRS employees have access to any and all information on those individuals that could pose a threat; (3) grant law enforcement officer (LEO) status to IRS Revenue Officers.

Comprehensive Review of Safety and Security Measures at all IRS Facilities

In light of recent events and ongoing concerns by IRS employees about their safety and the security of IRS locations, NTEU believes that IRS should immediately undertake a comprehensive review of safety and security measures at all IRS facilities around the country. In particular, IRS should review the current established physical security standards and requirements for the protection of Service facilities and personnel. The review should consider whether or not each facility has, among other things; the proper risk assessment security level designation; sufficient entry control systems, including guard or other armed presence and magnetometers; sufficient perimeter security, exterior lighting, proper designation of restricted areas, and operable security equipment.

We also believe that to the greatest extent possible, IRS should solicit the participation by IRS employees themselves in the review as they may be able to offer a unique perspective on the problems and challenges associated with securing IRS facilities, its employees, as well as the taxpayers who frequent them.

Input from employees on the front lines can be particularly helpful as the security needs at IRS facilities can vary greatly, depending on their mission, size, etc.

As the Internal Revenue Manual notes, in order to ensure that a Post of Duty (POD) is properly protected, careful planning is necessary to ensure that appropriate protective measures are in-place and tailored to the facility’s specific mission, threat, and functional requirements. PODs may vary greatly in size and function, so each requires close examination for tailored security countermeasures. The function of the office, the type of records maintained, the equipment in the POD, the size, population, if visitors frequent the facility, etc., are all determining factors to consider when planning security.

Mr. Chairman, NTEU believes that it is important for IRS employees to feel safe and secure in the workplace as they carry out their duties and stands ready to work with the IRS to ensure the proper safeguards are in place to ensure the safety of IRS employees.

Ensure IRS Employees Have Access to Information

As you may know, the IRS Restructuring and Reform Act of 1998 (RRA 98) required the IRS to stop designating taxpayers as Illegal Tax Protesters (ITP) or any similar designation. This ITP designation was used previously by the IRS to identify individuals and businesses using methods that were not legally valid to protest the tax laws. The designation was also intended to alert employees to be cautious so they would not be drawn into confrontations with potentially

dangerous taxpayers. Congress decided to require IRS to drop the ITP designation over concerns that the label could bias IRS employees and result in unfair treatment of the taxpayer.

While the ITP designation was abolished, RRA 98 did provide IRS the authority to implement additional procedures, such as the maintenance of appropriate records, in connection with this provision so as to ensure IRS employees' safety.

NTEU believes it is critical that IRS ensure that any and all information relevant to employees' safety will always be available to them.

LEO Status for Revenue Officers

NTEU is very concerned about the level of threats and violence against IRS employees, and in particular, against Revenue Officers (ROs), who often must meet with taxpayers on a one-on-one basis in the course of conducting their investigations.

According to the IRS, between 2003 and 2007, RO’s reported more than 480 cases involving Potentially Dangerous Taxpayers (PDTs), a designation assigned to taxpayers who have demonstrated a capacity for violence against employees of the IRS, contractors or their families, and Caution Upon Contacts (CAUs), defined as those incidents that posed a less immediate and less serious threat.

This report comes at a time when the threat of violence against Federal employees is receiving increased attention and anti-government sentiment remains at an all-time high.

But despite these startling figures, ROs are not authorized to carry and or use firearms in performance of their official duties and are forced to request assignment of an armed escort to ensure their own safety. According to TIGTA, it expects the necessity for armed escorts to increase over time as the IRS places additional focus on collection and enforcement activity.

NTEU strongly believes that the high number of threats and assaults recently reported by TIGTA once again illustrates the clear need for RO’s to be granted LEO status, That is why NTEU strongly supports legislation currently pending in the subcommittee, H.R. 673, the “Law Enforcement Officers Equity Act,” which would grant law enforcement retirement benefits to ROs at the IRS. These officers face dangerous situations as they enforce the United States Tax Code and collect delinquent taxes. Most people see these individuals as law enforcement officers, and many have reacted to their inquiries with threats, assaults, and in some cases gunfire. Yet, these men and women are being denied the rights and benefits of their colleagues who are considered to be law enforcement officers.

While some in the government have expressed concern that legislation providing coverage for these officers would have a negative impact on personnel costs for government agencies, this argument is fundamentally flawed. Granting LEO status to ROs will actually decrease personnel costs by increasing morale and officer retention, thus decreasing the costs associated with training new officers.

NTEU asks for the committee’s support for this critical legislation that will enhance the safety and security of Revenue Officers as they carry out their tax enforcement mission.

Anti-Government Rhetoric

Mr. Chairman, each and every day, Federal employees, such as those at the IRS, who have dedicated their lives to serving others, work under the constant threat of attack due the nature of their work. But despite this, these dedicated employees continue to carry out their duties on behalf of the country.

Yet, far too often, federal employees, and the good work that they do, are portrayed in an unfavorable light. In particular, in the aftermath of the Austin tragedy, I have been shocked to hear a number of comments from politicians and commentators alike expressing empathy for the man responsible for the cowardly actions that took the life of a dedicated public servant, or somehow trying to justify the man’s actions by blaming government workers. Make no mistake, offensive and irresponsible comments such as these that denigrate the good work of federal employees are inexcusable and are precisely the kind of irresponsible rhetoric that can turn frustration with policies and politics into attacks on public servants and can contribute to misguided rage against federal workers and threaten their safety.

That is why in 2008, in an effort to dispel negative stereotypes and increase awareness of the important contributions federal employees make to the country, NTEU launched a public service campaign including television and radio public service announcements, media relations, and grassroots efforts.

The campaign, entitled “Federal Employees…They Work For U.S.,” features actual federal workers talking about the work that they do to defend our homeland, protect our borders, ensure the safety of our natural resources, health, food supply, financial systems, and more.

Mr. Chairman, NTEU believes it is well past time that we began focusing on the excellent work federal employees do for our country and their dedication to duty, rather than using them as scapegoats for problems not of their making. We believe public service is a high and honorable calling and that we are fortunate to have a committed, dedicated and talented workforce serving our government at this hour of our nation’s need. We believe all federal employees deserve a secure environment while doing the nation’s work and stand ready to work with Congress and the Administration to do whatever is necessary to ensure their safety.

I truly appreciate the efforts of many public officials, including Congressman Lloyd Doggett of Texas who authored H.Res.1127 to express the House of Representatives’ support for the IRS workers who were attacked in Austin and President Obama who sent a letter to me, denouncing the actions of the Austin suicide attacker and pledging to ensure the safety of federal employees.

I also very much appreciate the Subcommittee holding this hearing today. Federal workers need to know that their elected representatives appreciate their service and will do what needs to be done to protect them.

Thank you.