[Congressional Record Volume 161, Number 138 (Thursday, September 24, 2015)]
[House]
[Pages H6195-H6197]
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 agree to the 
resolution (H. Res. 434) providing for the concurrence by the House in 
the Senate amendment to H.R. 719, with an amendment.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 434

       Resolved, That upon the adoption of this resolution the 
     bill, H.R. 719, entitled ``TSA Office of Inspection 
     Accountability Act of 2015'', with the Senate amendment 
     thereto, shall be considered to have been taken from the 
     Speaker's table to the end that the Senate amendment thereto 
     be, and the same is hereby, agreed to with the following 
     amendment:
        In lieu of the matter proposed to be inserted by the 
     amendment of the Senate, insert 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 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.--

[[Page H6196]]

       (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 and the Committee on the 
     Judiciary 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;
       (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; and
       (3) information on specific actions that will be taken to 
     prevent the Federal Air Marshal Service from misusing 
     Government resources.

     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 and the Committee on 
     Homeland Security and Governmental Affairs 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.

     SEC. 8. INDEPENDENT AUDIT OF FEDERAL AIR MARSHAL SERVICE 
                   PERSONNEL ISSUES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Inspector General shall submit to the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a study that--
       (1) reviews the Federal Air Marshal Service's existing 
     personnel policies and procedures for identifying misuse of 
     Government resources; and
       (2) reviews the administration of the Federal Air Marshal 
     Service's existing code of conduct or integrity policies with 
     respect to instances of misconduct.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentlewoman from New Jersey (Mrs. Watson 
Coleman) 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 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.
  Mr. Speaker, I rise today in strong support of H.R. 719, the TSA 
Office of Inspection Accountability Act of 2015.
  This bipartisan legislation will increase operational efficiency 
within TSA's Office of Inspection and will translate into cost savings 
for the American taxpayer, as articulated in a report by the Department 
of Homeland Security inspector general.
  I am here today because I have amended this legislation to build on 
the good work conducted by our colleagues in the Senate and provide 
increased oversight of the Federal Air Marshal Service in light of 
ongoing issues of sexual misconduct within the agency.
  The amended bill requires the DHS inspector general to report to 
Congress on a review of TSA's existing policies for identifying misuse 
of government resources within the Federal Air Marshal Service as well 
as TSA's strategy for addressing instances of misconduct within the 
Federal Air Marshal Service.
  This provision has, unfortunately, become necessary, as we have 
learned of recent egregious examples of both alleged sexual misconduct 
and misuse of government resources by air marshals.
  In early September of this year, I was made aware of alleged sexual 
misconduct by three Federal air marshals in Chicago, Illinois, which 
came to light through an examination of a government-issued cellular 
telephone due to a workman's compensation claim investigation.
  The Federal Air Marshal Service self-reported that the involved 
employees not only utilized government-issued cellular telephones for 
unauthorized purposes, but hotel rooms paid for with government funds 
were used to engage in sexual misconduct.
  I understand that managing a workforce that operates worldwide is a 
monumental task. But, as leaders, it is imperative that we maintain 
discipline in order to accomplish the overall mission of keeping our 
skies safe.
  These and other allegations of misconduct have plagued the agency and 
are devastating to the public trust, employee morale, and the high 
degree of integrity that must be maintained by Federal law enforcement 
officers charged with securing aviation and protecting acts of 
terrorism.
  Earlier this year my subcommittee held a hearing to examine the 
Federal Air Marshal Service, and we plan to continue to provide 
rigorous oversight as TSA works to address these disturbing examples of 
flagrant abuse of government resources and deplorable behavior.
  I wish to thank the original sponsor of this legislation, the 
gentleman from South Carolina (Mr. Sanford), for his leadership on this 
issue as well as Chairman McCaul, Ranking Member Thompson, and Ranking 
Member Rice for their support.
  Also, I would like to thank my colleagues in the Senate, particularly 
Chairman Thune and Ranking Member Nelson, for their work in 
contributing to the bill and passing it through that Chamber. I look 
forward to working with them and working towards final passage of this 
bill, as amended.
  I urge all Members to join me in supporting this bill.
  I reserve the balance of my time.
  Mrs. WATSON COLEMAN. 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.
  In September 2013, the Department of Homeland Security inspector 
general released a report detailing the Transportation Security 
Administration's misclassification of certain employees in its Office 
of Inspection as criminal investigators.
  Specifically, the inspector general found that the workload of these 
criminal investigators did not fit the Federal workload requirement to 
justify their title.
  Because of this misclassification, these employees received enhanced 
benefits, such as premium pay, early retirement, and other benefits 
commensurate with the position, despite the fact that they perform 
little to no investigative duties.
  Whereas the workload for a properly classified criminal investigator 
predominantly involves investigating criminal cases, the inspector 
general found that the workload for these employees consisted largely 
of investigating noncriminal cases, carrying out inspections, covert 
testing, and internal reviews, all tasks that could be performed by 
employees who do not receive the enhanced benefits.
  As the ranking member of the Homeland Security Subcommittee on 
Oversight and Management Efficiency, I believe that it is important 
that agencies utilize their resources in a manner that is both 
effective and efficient.
  According to the inspector general, the Office of Inspection did not 
use its resources in a manner that would efficiently conduct internal 
reviews, inspections, and covert testing.

[[Page H6197]]

  If no changes are made to these positions, the inspector general 
estimated that it would result in the wasting of as much as $17.5 
million over 5 years.
  H.R. 719 directs TSA to certify that all persons designated as 
criminal investigators are working on criminal investigations at least 
50 percent of their time.
  This threshold is consistent with the Federal standard for the 
position and ensures that the TSA is providing enhanced pay and 
benefits to those who actually perform the duties of a criminal 
investigator.
  This measure will not affect those with the proper classification of 
criminal investigator and will not impede efforts to thwart terror 
plots and other criminal enterprises that threaten our national 
security.
  This legislation also incorporates changes meant to address instances 
in which Federal Air Marshal Service officials have used their official 
capacities to obtain benefits from private vendors and to also address 
recent allegations of misconduct involving the misuse of government 
resources and solicitation by reviewing existing personnel and code of 
conduct policies.
  This legislation is common sense and reflects a commitment to good 
government.
  Mr. Speaker, if enacted, H.R. 719 will bring greater accountability 
to TSA's Office of Inspection. This measure will also ensure that 
taxpayer dollars are being used efficiently and that past abuses are 
not repeated.
  I urge Members to support this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I once again urge my colleagues to support H.R. 719.

                              {time}  1315

  It is critical that we in Congress assert our oversight priorities to 
ensure that taxpayer dollars and government resources are being used in 
a responsible manner. We must make certain that our Federal employees, 
especially those in positions of law enforcement and significant public 
trust, are not misusing government resources to engage in sexual 
misconduct and are exhibiting the highest degree of moral fortitude.
  Mr. Speaker, I urge my colleagues to support this bill.
  I yield back the balance of my time.
  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 agree to the resolution, H.R. 434.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________