[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2165 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2165

 To amend title 49, United States Code, to direct the Administrator of 
   the Transportation Security Administration (TSA) to make certain 
 improvements in managing TSA employee conduct, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2017

  Mr. Gallagher (for himself and Mr. McCaul) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to direct the Administrator of 
   the Transportation Security Administration (TSA) to make certain 
 improvements in managing TSA employee conduct, 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 Misconduct Accountability Act of 
2017''.

SEC. 2. TSA REQUIREMENTS FOR ADDRESSING EMPLOYEE MISCONDUCT.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Requirements for addressing employee misconduct
    ``(a) In General.--Not later than 90 days after the date of the 
enactment of this section, the Administrator of the Transportation 
Security Administration (TSA) shall--
            ``(1) revise TSA's employee code of conduct policy to 
        include--
                    ``(A) a process for disciplining an employee who, 
                as determined by the Administrator, has received within 
                a certain timeframe a certain number of disciplinary or 
                adverse actions in response to violations of such 
                policy; and
                    ``(B) guidance on how employees should report 
                misconduct;
            ``(2) identify methods for addressing employee misconduct, 
        including revising agency-wide, baseline `table of offenses and 
        penalties' used for both non-disciplinary and disciplinary 
        actions regarding misconduct, including all acceptable non-
        disciplinary, disciplinary, and adverse actions that may be 
        administered for misconduct;
            ``(3) submit to the Chief Human Capital Officer of the 
        Department of Homeland Security such code of conduct policy and 
        such table of offenses and penalties for review by such Officer 
        in consideration of Department policies and regulations, in 
        accordance with subsection (e); and
            ``(4) identify a senior TSA official responsible for 
        overseeing TSA's employee code of conduct policy and table of 
        offenses and penalties.
    ``(b) Implementation.--Not later than 120 days after carrying out 
subsection (a), the Administrator of the TSA shall instruct TSA 
managers how to appropriately administer discipline related to employee 
misconduct.
    ``(c) Identification.--Not later than 120 days after carrying out 
subsection (a), the Administrator of the TSA shall identify and address 
causes of employee misconduct by--
            ``(1) monitoring misconduct trends through a quarterly 
        review and analysis of misconduct data; and
            ``(2) establishing specific outcome measures to assess 
        performance.
    ``(d) Initiatives.--Not later than 120 days after carrying out 
subsection (a), the Administrator of the TSA shall, in consultation 
with the Chief Human Capital Officer of the Department of Homeland 
Security, implement human capital initiatives to address TSA employee 
misconduct by--
            ``(1) modifying the annual or periodic performance plans of 
        Federal Security Directors to include the extent to which such 
        Directors ensure that disciplinary actions administered at the 
        airport for which they are responsible are consistent with TSA 
        policy;
            ``(2) notifying applicants of disqualifying offenses in 
        employment announcements for job descriptions or during the 
        application process to ensure that appropriately qualified 
        candidates apply and are hired for such positions; and
            ``(3) developing and delivering training and on-the-job 
        resources for supervisors to address misconduct issues in 
        accordance with TSA policy.
    ``(e) Chief Human Capital Officer.--
            ``(1) In general.--Not later than 60 days after receipt of 
        the TSA employee code of conduct policy and the table of 
        offenses and penalties under subsection (a), the Chief Human 
        Capital Officer of the Department of Homeland Security shall 
        review such policy and such table to ensure that such policy 
        and such table align, as appropriate, with the policies and 
        tables developed by the Chief Human Capital Officer for the 
        Department.
            ``(2) Monitoring.--The Chief Human Capital Officer of the 
        Department of Homeland Security shall, as part of existing 
        working groups established by such Officer, monitor through 
        fiscal year 2020 the implementation under subsection (b) of the 
        TSA employee code of conduct.
    ``(f) Definitions.--In this section:
            ``(1) Actions.--The term `actions' means consequences for 
        employee misconduct, up to and including removal from Federal 
        service, established by TSA policy.
            ``(2) Misconduct.--The term `misconduct' means the failure 
        of a TSA employee to comply with a performance plan, rule, 
        regulation, or law within the scope of such employee's duties, 
        responsibilities, or functions.''.
    (b) Prohibition on New Funding.--No funds are authorized to carry 
out this section and the amendment made by this section. This section 
and such amendment shall be carried out using amounts otherwise made 
available.
    (c) Clerical Amendment.--The analysis for chapter 449 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 44946 the following new item:

``44947. Requirements for addressing employee misconduct.''.
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