[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4803 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 4803


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2014

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
  To require the Transportation Security Administration to conform to 
 existing Federal law and regulations regarding criminal investigator 
                   positions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA Office of Inspection 
Accountability Act of 2014''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Consistent with Federal law and regulations, for law 
        enforcement officers to qualify for premium pay as criminal 
        investigators, the officers must, in general, spend on average 
        at least 50 percent of their time investigating, apprehending, 
        or detaining individuals suspected or convicted of offenses 
        against the criminal laws of the United States.
            (2) According to the Inspector General of the Department of 
        Homeland Security (DHS IG), the Transportation Security 
        Administration (TSA) does not ensure that its cadre of criminal 
        investigators in the Office of Inspection are meeting this 
        requirement, even though they are considered law enforcement 
        officers under TSA policy and receive premium pay.
            (3) Instead, TSA criminal investigators in the Office of 
        Inspection primarily monitor the results of criminal 
        investigations conducted by other agencies, investigate 
        administrative cases of TSA employee misconduct, and carry out 
        inspections, covert tests, and internal reviews, which the DHS 
        IG asserts could be performed by employees other than criminal 
        investigators at a lower cost.
            (4) The premium pay and other benefits afforded to TSA 
        criminal investigators in the Office of Inspection who are 
        incorrectly classified as such will cost the taxpayer as much 
        as $17,000,000 over 5 years if TSA fails to make any changes to 
        the number of criminal investigators in the Office of 
        Inspection, according to the DHS IG.
            (5) This may be a conservative estimate, as it accounts for 
        the cost of Law Enforcement Availability Pay, but not the costs 
        of law enforcement training, statutory early retirement 
        benefits, police vehicles, and weapons.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security) of the Department of Homeland 
        Security.
            (3) Inspector general.--The term ``Inspector General'' 
        means the Inspector General of the Department of Homeland 
        Security.

SEC. 4. INSPECTOR GENERAL REVIEW.

    (a) Review.--Not later than 60 days after the date of the enactment 
of this Act, the Inspector General shall analyze the data and methods 
that the Assistant Secretary uses to identify employees of the 
Administration who meet the requirements of sections 8331(20), 
8401(17), and 5545a of title 5, United States Code, and provide the 
relevant findings to the Assistant Secretary, including a finding on 
whether the data and methods are adequate and valid.
    (b) Prohibition on Hiring.--If the Inspector General finds that 
such data and methods are inadequate or invalid, the Administration may 
not hire any new employee to work in the Office of Inspection of the 
Administration until--
            (1) the Assistant Secretary makes a certification described 
        in section 5 to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Inspector General submits to such Committees a 
        finding, not later than 30 days after the Assistant Secretary 
        makes such certification, that the Assistant Secretary utilized 
        adequate and valid data and methods to make such certification.

SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION.

    (a) Certification to Congress.--The Assistant Secretary shall, by 
not later than 90 days after the date the Inspector General provides 
its findings to the Assistant Secretary under section 4(a), document 
and certify in writing to the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that only those employees of the 
Administration who meet the requirements of sections 8331(20), 
8401(17), and 5545a of title 5, United States Code, are classified as 
criminal investigators and are receiving premium pay and other benefits 
associated with such classification.
    (b) Employee Reclassification.--The Assistant Secretary shall 
reclassify criminal investigator positions in the Office of Inspection 
as noncriminal investigator positions or non-law enforcement positions 
if the individuals in those positions do not, or are not expected to, 
spend an average of at least 50 percent of their time performing 
criminal investigative duties.
    (c) Projected Cost Savings.--
            (1) In general.--The Assistant Secretary shall estimate the 
        total long-term cost savings to the Federal Government 
        resulting from the implementation of subsection (b), and 
        provide such estimate to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate by not later than 180 
        days after the date of enactment of this Act.
            (2) Contents.--Such estimate shall identify savings 
        associated with the positions reclassified under subsection (b) 
        and include, among other factors the Assistant Secretary 
        considers appropriate, savings from--
                    (A) law enforcement training;
                    (B) early retirement benefits;
                    (C) law enforcement availability pay; and
                    (D) weapons, vehicles, and communications devices.

SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE USE OF FEDERAL 
              FIREARMS LICENSE.

    Not later than 90 days after the date of the enactment of this Act, 
or as soon as practicable, the Assistant Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate--
            (1) any materials in the possession or control of the 
        Department of Homeland Security associated with the Office of 
        Inspection's review of the use of a Federal firearms license by 
        Federal Air Marshal Service officials to obtain discounted or 
        free firearms for personal use; and
            (2) information on specific actions that will be taken to 
        prevent Federal Air Marshal Service officials from using a 
        Federal firearms license, or exploiting, in any way, the 
        Service's relationships with private vendors to obtain 
        discounted or free firearms for personal use.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.