[Congressional Record Volume 161, Number 22 (Tuesday, February 10, 2015)]
[House]
[Pages H892-H894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2015

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 719) to require the Transportation Security Administration to 
conform to existing Federal law and regulations regarding criminal 
investigator positions, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 719

       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 2015''.

     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

[[Page H893]]

     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 
                   MISCONDUCT.

       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 instances in which Federal Air Marshal 
     Service officials obtained 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 
     their official positions, or exploiting, in any way, the 
     Service's relationships with private vendors to obtain 
     discounted or free firearms for personal use.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentlewoman from New York (Miss Rice) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H.R. 719, the TSA Office of Inspection 
Accountability Act of 2015. I introduced this bipartisan bill to target 
millions of dollars of potential waste within the TSA's Office of 
Inspection, as identified by the Homeland Security inspector general.
  TSA's Office of Inspection is charged with investigating misconduct 
of TSA employees and conducting internal inspections and covert testing 
of TSA operations to ensure our transportation systems are well 
protected.
  However, according to a critical DHS inspector general report issued 
in 2013, TSA does not sufficiently track whether each of its 100 
criminal investigators in the Office of Inspection, in fact, spend a 
majority of time performing actual criminal investigations, as required 
by law.
  Instead, these TSA investigators primarily monitor the results of 
criminal investigations conducted by other agencies, investigate 
administrative cases of employee misconduct, and carry out inspections, 
covert tests, and internal reviews. Therefore, these TSA investigators 
may be unduly receiving premium law enforcement pay, specialized 
training, vehicles, firearms, and other benefits even though they do 
not meet the minimum legal requirements for receiving such pay and 
benefits.
  H.R. 719 aims to correct this problem by requiring the inspector 
general to certify that TSA criminal investigators meet the legal 
threshold for receiving premium pay and benefits, which could save as 
much as $17 million in taxpayer dollars over 5 years.
  Mr. Speaker, like any entity, the vast majority of TSA employees do 
an exemplary job. It is a critical component of this continuing ability 
to have these people perform at a high level to have internal 
oversight.
  The importance of investigating misconduct among TSA employees cannot 
be overstated. Just last week, we learned of an investigation conducted 
by Immigration and Customs Enforcement, otherwise known as ICE, that 
led to the indictment of a TSA employee on child pornography charges.
  In this recent and unfortunate example, it was ICE that performed the 
investigation, not TSA. We must ensure that TSA's internal cadre of 
investigators are spending the majority of time on criminal 
investigations or we risk wasting significant taxpayer resources, 
resources that could be used toward improving the integrity of TSA's 
workforce.
  I want to take this opportunity to thank the original cosponsor of 
this legislation, the gentleman from South Carolina (Mr. Sanford), for 
his leadership on this important commonsense issue.
  This bill passed the House last Congress, but the Senate did not take 
action on it. Let's send this bill back to the Senate and on to the 
President for his signature.
  I urge my colleagues to vote ``yes'' on H.R. 719, and I reserve the 
balance of my time.
  Miss RICE of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of H.R. 719, the TSA Office of Inspection 
Accountability Act of 2015.
  Mr. Speaker, as ranking member of the Subcommittee on Transportation 
Security, I have a responsibility to ensure that the Transportation 
Security Administration operates effectively and efficiently. Part of 
this responsibility includes working to ensure that not a single 
taxpayer dollar is wasted so that resources are properly expended to 
protect our Nation's airports and the traveling public.
  Regrettably, we have learned from the Department of Homeland 
Security's inspector general that the TSA's Office of Inspection is not 
operating effectively and efficiently. Specifically, we have learned 
that taxpayer dollars have been wasted in a manner that may well be 
undermining the effectiveness and integrity of internal investigations 
and inspections within the TSA.
  According to a report issued by the inspector general in September of 
2013, some employees in the Office of Inspection were designated 
``criminal investigators'' and have received the premium pay and early 
retirement benefits commensurate with that position, despite the fact 
that they perform little to no investigative duties.
  Apparently, the Office of Inspection knowingly made these improper 
designations and knowingly conferred better pay and benefits to 
employees who did not do the work required to justify such 
compensation.

                              {time}  1715

  If no changes are made to the number of criminal investigator 
positions, the inspector general estimates that it will result in the 
wasting of as much as $17.5 million over 5 years. H.R. 719 seeks to put 
an end to this wasteful practice and prevent it from happening in the 
future.
  Mr. Speaker, this bill would require TSA to certify that all persons 
designated as criminal investigators are working on criminal 
investigations at least 50 percent of their time. If the TSA wants to 
provide an employee with the enhanced pay and benefits that criminal 
investigators receive, then they should have to certify that the 
employee is actually performing the duties of a criminal investigator. 
That is just common sense.
  This measure would not affect individuals in that office who 
legitimately hold the criminal investigator title and would not impede 
efforts to thwart terror plots and other criminal enterprises that 
threaten our national security.
  Again, this legislation is common sense. It reflects a commitment to 
good government and the careful stewardship of taxpayer dollars. The 
House unanimously approved identical legislation in the last Congress, 
and I urge my colleagues to do the same with this bill.
  This is an opportunity for bipartisan action to solve a problem and 
demonstrate the strength of our commitment to eliminate wasteful 
spending.
  Mr. Speaker, in closing, I would like to commend Chairman Katko, as 
well as the gentleman from South Carolina, Representative Sanford, for 
their work on this legislation. If enacted, H.R. 719 will bring greater 
accountability to TSA's Office of Inspection and ensure taxpayer 
dollars are being used efficiently and that past abuses are not being 
repeated.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I would like to thank Homeland Security Chairman McCaul 
and Ranking Member Thompson for their support of this bill, as well as 
the ranking member of the Subcommittee

[[Page H894]]

on Transportation Security, the gentlewoman from New York (Miss Rice).
  Mr. Speaker, the American people have entrusted us with conducting 
oversight of the agencies like TSA to root out instances of waste. H.R. 
719 will hold TSA accountable and save precious tax dollars by ensuring 
that the inspector general's findings are addressed.
  I urge my colleagues to support the bill, and I yield back the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of 
H.R. 719, the ``TSA Office of Inspection Accountability Act of 2015''.
  Upon its creation, TSA was given broad authority to hire, fire, and 
set the terms of employment of its personnel.
  This has resulted in employees, such as Transportation Security 
Officers, lacking the full rights afforded other Federal employees.
  It has also resulted, in some cases, of abuses of the system for the 
gain of a few.
  According to the Inspector General of the Department of Homeland 
Security, TSA's Office of Inspection has been gaming the system by 
employing a bloated number of personnel as ``criminal investigators'' 
for years.
  Those who are designated as ``criminal investigators'' receive 
additional compensation and are afforded the right to retire early.
  H.R. 719 will put an end to these abuses by requiring the Inspector 
General to approve the method used by TSA to designate personnel as 
criminal investigators. It also requires TSA to certify to Congress 
that only those individuals performing the requisite criminal 
investigation work are designated as ``criminal investigators''.
  According to the Inspector General, properly classifying individuals 
within TSA's Office of Inspection could save taxpayers as much as $17 
million over five years.
  During Committee consideration of this measure last Congress, I 
offered an amendment on behalf of Representative Loretta Sanchez that 
addresses revelations about how some within TSA's Federal Air Marshal 
Service exploited relationships with private vendors to obtain 
discounted or free firearms.
  Specifically, in April 2014, the Committee became aware that the 
former director of the Federal Air Marshal Service bought several guns 
from an employee who is under investigation for using his position to 
obtain free and discounted firearms.
  Unfortunately, TSA was less than forthcoming with Congress regarding 
this investigation, leaving many questions unanswered about how the 
investigation was conducted and the number of FAMs officials involved.
  The exploitation of official relationships for personal gain is a 
serious matter.
  Such misuse occurring within the Federal Air Marshal Service, the Law 
Enforcement component within TSA is unacceptable.
  To address the lack of transparency regarding the investigation, the 
Committee accepted language I offered to require TSA to provide 
information and materials associated with the Office of Inspection's 
review of the allegations to Congress.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland 
Security Committee and a former chair of the Transportation Security 
Subcommittee, I rise in support of H.R. 719, the ``TSA Office of 
Inspection Accountability Act of 2015.''
  Mr. Speaker, I want to thank Chairman McCaul and Ranking Member 
Thompson for their leadership in bringing this legislation to the 
floor.
  H.R. 719 will save the taxpayers hundreds of thousands dollars 
annually by requiring the Transportation Security Administration (TSA) 
to conform its personnel classification practices to existing Federal 
law and regulations regarding criminal investigator positions.
  According to a report by the Homeland Security Department's Inspector 
General (IG), about half of the employees in the Office of Inspection 
(OII) are classified as criminal investigators even though their duties 
do not involve responsibilities that can be characterized as criminal 
investigation activities.
  Instead, the responsibilities of these employees primarily consist of 
administrative duties such as investigating cases of TSA employee 
misconduct and conducting internal reviews.
  Classifying these employees as ``law enforcement'' personnel, 
however, makes them eligible for premium pay and other significant 
economic benefits.
  If TSA fails to reclassify criminal investigator positions as 
noncriminal investigator positions or non-law-enforcement positions, 
this will cost taxpayers as much as $17,000,000 over 5 years.
  This money could be utilized to ensure that law enforcement agencies, 
which identify, apprehend, and prosecute criminals, have the tools, 
resources, and training necessary to do their job efficiently, 
effectively, and economically.
  Mr. Speaker, I have always strongly supported providing the resources 
needed by law enforcement and first responders and will continue to do 
so in future.
  But we have an obligation to the American people to be responsible 
stewards of the public trust and it is not responsible to provide 
premium pay and benefits intended for law enforcement personnel to 
employees who do not perform the dangerous duties of law enforcement 
officers.
  This bill will obligate the Assistant Secretary of TSA to 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.
  This is an important step to bring transparency to the office of 
inspector with regards to the work of TSA personnel and law enforcement 
investigative task.
  I urge my colleagues to join me in supporting H.R. 719, which directs 
the Office of Inspection to reclassify its current criminal 
investigator positions to conform to the requirements of applicable law 
and save the taxpayers hundreds of thousands of dollars annually.
  Mr. McCAUL. Mr. Speaker, as chairman of the Committee on Homeland 
Security, I am proud to be an original co-sponsor of H.R. 719, the TSA 
Office of Inspection Accountability Act of 2015, sponsored by the 
gentleman from New York, Mr. Katko.
  This bill would increase accountability at TSA and save precious 
taxpayer dollars by requiring the agency to correctly designate 
criminal investigators within the TSA Office of Inspection who are 
charged with conducting covert tests, inspections, and investigating 
misconduct among fellow TSA employees.
  This bill stems from a 2013 DHS Inspector General (IG) report that 
found TSA's Office of Inspection does not operate efficiently and does 
not ensure that its criminal investigators are spending the majority of 
their time conducting criminal investigations, even though they are 
receiving premium law enforcement pay and related benefits. The bill 
addresses the IG's findings by requiring a thorough review of the type 
of work carried out by TSA criminal investigators, which could save 
millions of taxpayer dollars over the next several years in law 
enforcement pay, vehicles, training, and other benefits.
  I am proud to be an original cosponsor of this common sense, 
bipartisan bill, and would like to thank the chairman of the 
subcommittee, Mr. Katko, as well as the Congressman from South 
Carolina, Mr. Sanford, for their leadership on this issue. I would also 
like to thank the ranking member of the full committee, Mr. Thompson, 
and the ranking member of the subcommittee, Miss Rice, for their 
support of this legislation.
  H.R. 719 is substantively identical to H.R. 4803, legislation 
approved by the Committee on Homeland Security last Congress that 
subsequently passed the House by voice vote.
  I urge my colleagues to support H.R. 719.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 719.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. KATKO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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