[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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