[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.