[House Report 113-513]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-513

======================================================================



 
          TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2014

                                _______
                                

  July 3, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4803]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4803) to require the Transportation Security 
Administration to conform to existing Federal law and 
regulations regarding criminal investigator positions, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``TSA Office of Inspection 
Accountability Act of 2014''.

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 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 USE OF FEDERAL 
                    FIREARMS LICENSE.

  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 the use of a Federal firearms license by 
        Federal Air Marshal Service officials to obtain 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 a 
        Federal firearms license, or exploiting, in any way, the 
        Service's relationships with private vendors to obtain 
        discounted or free firearms for personal use.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 4803 is to require the Transportation 
Security Administration (TSA) to conform to existing Federal 
law and regulations regarding criminal investigator positions, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4803 would address issues identified by the Department 
of Homeland Security Office of Inspector General (DHS OIG) in 
its report entitled, Transportation Security Administration 
Office of Inspection's Efforts to Enhance Transportation 
Security [OIG-13-123], released in September 2013, as well as 
testimony received during the Subcommittee on Transportation 
Security's January 28, 2014, hearing entitled ``Examining TSA's 
Cadre of Criminal Investigators.'' The premium pay and other 
benefits afforded to TSA criminal investigators within the 
Office of Inspection (OOI) 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 OOI criminal 
investigators, according to the DHS OIG. During the 
Subcommittee's hearing, the Assistant Administrator of OOI 
acknowledged that his office could reduce the number of 
criminal investigator positions but could not specify an exact 
number.
    According to the DHS OIG, TSA's criminal investigators in 
OOI 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. While each of these functions is 
important, and in many cases a criminal investigator may be 
well suited to perform these functions, they do not represent 
the equivalent of a criminal investigation and should therefore 
not be the primary functions of those employees who receive 
premium pay and other benefits associated with being a criminal 
investigator, according to Federal law and regulations.

                                HEARINGS

    No legislative hearings were held on H.R. 4803. However, 
the Committee held the following oversight hearing.
    The Subcommittee on Transportation Security held a hearing 
on On January 28, 2014, entitled ``Examining TSA's Cadre of 
Criminal Investigators.'' The Subcommittee received testimony 
from Mr. Roderick Allison, Assistant Administrator, Office of 
Inspection, Transportation Security Administration, U.S. 
Department of Homeland Security; Ms. Karen Shelton Waters, 
Assistant Administrator, Office of Human Capital, 
Transportation Security Administration, U.S. Department of 
Homeland Security; and Ms. Anne Richards, Assistant Inspector 
General, Office of Audits, U.S. Department of Homeland 
Security.

                        COMMITTEE CONSIDERATION

    The Committee met on June 11, 2014, to consider H.R. 4803, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. Prior to 
consideration, the Chair discharged the Subcommittee on 
Transportation Security from further consideration of H.R. 
4803/ The Committee took the following actions:
    The following amendments were offered:
 An amendment offered by Mr. Thompson of Mississippi (#1), as 
filed on the roster by Ms. Loretta Sanchez of California; was 
AGREED TO by voice vote.

     Add at the end a new section entitled ``Sec. __. Investigation of 
Federal Air Marshal Service Use of Federal Firearms License.''

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4803.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4803, the TSA Office of Inspection Accountability Act of 2014, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 26, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4803, the TSA 
Office of Inspection Accountability Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4803--TSA Office of Inspection Accountability Act of 2014

    The Office of Inspection in the Transportation Security 
Administration (TSA) is responsible for ensuring the 
effectiveness and efficiency of TSA's operations and 
identifying vulnerabilities in the agency's security systems. 
In carrying out its mission, the office conducts internal 
inspections, investigations, and covert tests to assess the 
integrity of the agency's activities and its staff. Under 
current law, roughly half of the office's employees are 
classified as criminal investigators and are eligible for 
certain statutory employment benefits because they are 
considered law enforcement officers. In particular, such 
individuals qualify for additional compensation (known as Law 
Enforcement Availability Pay) and enhanced retirement benefits.
    H.R. 4803 would direct the Inspector General of the 
Department of Homeland Security (DHS) to review the data and 
methods that TSA uses to classify personnel as law enforcement 
officers and to reclassify, as necessary, any staff of the 
Office of Inspection that are currently misclassified according 
to the results of that review. The bill would require DHS to 
provide various security-related updates and reports to the 
Congress.
    Based on information from DHS, CBO estimates that 
implementing H.R. 4803 would have no significant effect on 
federal spending. According to DHS, TSA is already undertaking 
an analysis of the agency's workforce that will serve as the 
basis for potential reclassifications of personnel who do not 
meet criteria to be considered law enforcement officers, and 
CBO does not expect that enacting H.R. 4803 would significantly 
affect the timing or outcome of that process. We estimate that 
complying with the bill's reporting requirements would cost 
less than $500,000, assuming the availability of appropriated 
funds. H.R. 4803 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 4803 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 4803 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation requires TSA to certify to the Congress, 
and DHS OIG to validate, that only TSA employees who meet the 
relevant legal and regulatory requirements are classified as 
criminal investigators and receive premium pay. If the 
Inspector General finds that TSA is using inadequate or invalid 
data and methods to classify criminal investigators, TSA may 
not hire any new employee to work in OOI until TSA makes a new 
certification and the DHS OIG submits to Congress a finding 
that TSA utilized adequate and valid data and methods to make 
its certification. It also requires TSA to reclassify any 
criminal investigators who don't meet the legal requirements 
and report to Congress on any associated cost savings.
    In addition, this legislation requires TSA to submit to 
Congress any materials associated with OOI's review of the use 
of a Federal Firearms License by Federal Air Marshal Service 
(FAMS) officials to obtain discounted or free firearms for 
personal use. Furthermore, it would require TSA to submit 
information on specific actions that will be taken to prevent 
FAMS officials from using a Federal Firearms License and the 
agency's relationships with private vendors to obtain 
discounted or free firearms for personal use.

                      DUPLICATIVE FEDERAL PROGRAMS

    The Committee finds that H.R. 4803 does not contain any 
provision that establishes or reauthorizes a program known to 
be duplicative of another Federal program.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        PREEMPTION CLARIFICATION

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4803 does 
not preempt any State, local, or Tribal law.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that H.R. 4803 would require no 
directed rule makings.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section provides that bill may be cited as the ``TSA 
Office of Inspection Accountability Act of 2014''.

Sec. 2. Findings

    This section conveys findings regarding the Transportation 
Security Administration's Office of Inspection (TSA OOI) and 
the criminal investigators in OOI.

Sec. 3. Definitions

    This section defines the terms ``Administration'' as the 
Transportation Security Administration, ``Assistant Secretary'' 
as the Assistant Secretary of Homeland Security (Transportation 
Security), and ``Inspector General'' as the Inspector General 
of the Department of Homeland Security.

Sec. 4. Inspector General review

    (a)  Review.--This section requires the DHS IG, within 60 
days of enactment, to analyze the data and methods that TSA 
uses to identify employees who meet the requirements of 
sections 8331(20), 8401(17) and 5545a of title 5, U.S.C., and 
provide the relevant findings to TSA, including a finding on 
whether the data and methodology are adequate and valid.
    (b)  Prohibition of Hiring.--If the DHS IG finds that TSA's 
data and methods are inadequate or invalid, TSA may not hire 
any new employee to work in OOI until--
          (1)  TSA makes a new certification (described in 
        section 5) to the Committee on Homeland Security of the 
        House and the Committee on Commerce Science and 
        Transportation of the Senate; and
          (2)  The DHS IG submits a finding to those Committees 
        within 30 days of the Assistant Secretary making the 
        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.--This section requires TSA, 
within 90 days after the date the DHS IG provides its findings 
to TSA, to document and certify in writing to the Committee on 
Homeland Security of the House and the Committee on Commerce, 
Science, and Transportation of the Senate that only those 
employees of TSA 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 section requires TSA 
to re-classify criminal investigator positions in OOI 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.
      Projected Cost Savings.--This section requires TSA to 
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 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. Such estimate shall identify 
savings associated with the positions reclassified under 
subsection (b) and include factors such as, law enforcement 
training; early retirement benefits; law enforcement 
availability pay, and weapons, vehicles, and communications 
devices.

Sec. 6. Investigation of Federal Air Marshal Service use of Federal 
        Firearms License

    This section, offered as an amendment by Ms. Loretta 
Sanchez of California, requires TSA to submit any materials in 
the possession of the Department related to OOI's review of the 
use of a Federal Firearms License by FAMS officials to obtain 
discounted or free firearms for personal use.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported, H.R. 4803 makes no changes to existing law.

                                  
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