[Congressional Record Volume 161, Number 134 (Thursday, September 17, 2015)]
[Senate]
[Pages S6819-S6820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 191, H.R. 719.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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

[[Page S6820]]

     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 million 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 AUDIT.

       (a) Audit.--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 Office of Inspection 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 shall 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 Office of 
     Inspection 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 and other premium 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) 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.

     SEC. 7. STUDY.

       Not later than 180 days after the date that the Assistant 
     Secretary submits the certification to Congress under section 
     5(a), the Inspector General of the Department of Homeland 
     Security shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a study--
       (1) reviewing the employee requirements, responsibilities, 
     and benefits of criminal investigators in the TSA Office of 
     Inspection with criminal investigators employed at agencies 
     adhering to the Office of Personnel Management employee 
     classification system; and
       (2) identifying any inconsistencies and costs implications 
     for differences between the varying employee requirements, 
     responsibilities, and benefits.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Thune 
amendment to the committee-reported substitute amendment be agreed to, 
that the substitute amendment, as amended, be agreed to, that the bill, 
as amended, be read a third time and passed, and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2666) was agreed to, as follows:

    (Purpose: To require the Assistant Secretary to submit certain 
  materials and information to the Committee on the Judiciary of the 
Senate and the Inspector General of the Department of Homeland Security 
      to submit a study to the Committee on Homeland Security and 
                  Governmental Affairs of the Senate)

       On page 12, line 11, insert ``and the Committee on the 
     Judiciary'' after ``Transportation''.
       On page 13, line 4, insert ``and the Committee on Homeland 
     Security and Governmental Affairs'' after ``Transportation''.

  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 719), as amended, was passed.

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