House Report 115-226 - STRENGTHENING OVERSIGHT OF TSA EMPLOYEE MISCONDUCT ACT

[House Report 115-226]
[From the U.S. Government Publishing Office]

115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-226

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

STRENGTHENING OVERSIGHT OF TSA EMPLOYEE MISCONDUCT ACT

_______

July 17, 2017.--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

together with

DISSENTING VIEWS

[To accompany H.R. 1351]

[Including cost estimate of the Congressional Budget Office]

The Committee on Homeland Security, to whom was referred
the bill (H.R. 1351) to amend title 49, United States Code, to
direct the Administrator of the Transportation Security
Administration (TSA) to make certain improvements in managing
TSA's employee misconduct, 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..................................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 6
Statement of General Performance Goals and Objectives............ 7
Duplicative Federal Programs..................................... 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Dissenting Views................................................. 16

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 ``Strengthening Oversight of TSA
Employee Misconduct Act''.

SEC. 2. TSA MISCONDUCT INSPECTION PLAN.

(a) In General.--Section 44935 of title 49, United States Code, is
amended--
(1) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k); and
(2) by adding at the end the following new subsection:
``(l) TSA Misconduct Inspections.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this subsection, the Administrator of the
Transportation Security Administration (TSA) shall--
``(A) designate a senior official to implement a plan
to oversee unannounced inspections at airports of
agency actions taken to address TSA employee
misconduct, including actions taken by managers at
airports to address any such misconduct through
corrective actions, up to and including removal from
Federal service, in accordance with Department of
Homeland Security and TSA policies;
``(B) on a biannual basis thereafter until September
30, 2023, the official specified in subparagraph (A)
shall certify to the Administrator that the unannounced
inspections referred to in such paragraph were
completed across a sufficient number of airports such
that all airports are--
``(i) inspected before such date; and
``(ii) provided adequate information
regarding agency actions taken to address TSA
employee misconduct;
``(C) designate a senior official other than the
senior official designated pursuant to subparagraph (A)
to review the results of such unannounced inspections
to identify causes of any variances and overall trends
in the way actions are taken in response to TSA
employee misconduct and develop corrective actions and
recommendations, up to and including removal from
Federal service, as appropriate; and
``(D) direct the official described in subparagraph
(C) to implement the corrective actions and
recommendations specified in such subparagraph.
``(2) Consolidation and coordination.--Unannounced
inspections under paragraph (1) of certain locations may be
consolidated and coordinated with other relevant TSA offices,
as determined appropriate by the Administrator of the TSA.
``(3) Extension.--The Administrator of the TSA may extend the
final date specified in paragraph (1)(B) for completing the
unannounced inspections under paragraph (1) for not more than
one additional fiscal year if exigent circumstances warrant. If
the Administrator determines that such an extension is
necessary, the Administrator shall provide to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs,. the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations of the
Senate written justification regarding such circumstances prior
to granting such extension.
``(4) Department of homeland security review.--
``(A) In general.--On a biannual basis, the official
specified in paragraph (1)(C) shall provide to the
Chief Human Capital Officer of the Department of
Homeland Security the results of unannounced
inspections conducted pursuant to such paragraph.
``(B) Identification.--The Chief Human Capital
Officer of the Department of Homeland Security may
review the results of the unannounced inspections
conducted pursuant to paragraph (1)(A) to, as
appropriate, identify trends and make recommendations,
to the Administrator of the TSA to address employee
misconduct.
``(C) Implementation.--The Administrator of the TSA
shall coordinate with the Chief Human Capital Officer
of the Department of Homeland Security to implement any
recommendations made pursuant to subparagraph (B)
within the timeframes established by the Chief Human
Capital Officer.
``(5) Information to congress.--The Administrator of the TSA
shall make the results of the unannounced inspections,
including any recommended corrective actions for addressing
variances, identified under this subsection readily available
to--
``(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives;
``(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Appropriations of the Senate; and
``(C) as appropriate, personnel of the Department of
Homeland Security, as determined by the Administrator.
``(6) Definitions.--In this subsection:
``(A) Actions.--The term `actions' means consequences
for employee misconduct, up to and including removal
from Federal Service, established by TSA policy.
``(B) Unannounced inspections.--The term `unannounced
inspections' means a review of information without
providing advanced notice to the party under review.''.
(b) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act and the amendments
made by this Act. Such requirements shall be carried out using amounts
otherwise authorized.

Purpose and Summary

The purpose of H.R. 1351 is to amend title 49, United
States Code, to direct the Administrator of the Transportation
Security Administration (TSA) to make certain improvements in
managing TSA's employee misconduct, and for other purposes.
H.R. 1351 is intended to better ensure consistency in the
way TSA airport managers administer agency actions in response
to employee misconduct and better position TSA to identify
causes behind persistent employee misconduct. Specifically,
H.R. 1351 requires the TSA Administrator to designate a senior
official to oversee unannounced inspections at airports of
agency actions taken to address employee misconduct to be
completed at all airports within 5 fiscal years. The bill also
requires the Administrator to designate a separate official to
review the inspection results to identify causes of any
variances or trends in the way actions are taken in response to
TSA misconduct and to develop corrective actions to address
such variances. H.R. 1351 also requires TSA to provide
inspection results to the Department's Chief Human Capital
Officer to review the results, identify trends, and make
recommendations on ways to improve TSA employee misconduct.
Finally, the bill requires the TSA Administrator to provide
inspection results and any corrective actions to certain
Congressional committees.

Background and Need for Legislation

In July 2016, the Majority staff of the Subcommittee on
Oversight and Management Efficiency and the Subcommittee on
Transportation Security released their findings from a joint
investigation into TSA's efforts to address employee misconduct
in a report entitled ``Misconduct at TSA Threatens the Security
of the Flying Public.'' In particular, the staff found that,
according to TSA data, employee misconduct has grown over time-
by almost 29 percent from Fiscal Year 2013 to 2015. Moreover,
the report detailed that most disciplinary and non-disciplinary
penalties are given by lower level managers at airport
checkpoints with potentially very little oversight by the
airport's Federal Security Director (FSD), much less by
headquarters.
In order to ensure that TSA effectively delegates authority
to the local level, TSA needs mechanisms to ensure that
employees are adhering to guidance. If these are not
implemented, TSA will likely be unable to ensure that
misconduct declines over time. Although TSA has issued guidance
related to employee conduct and expects that all employees
review and adhere to it, it does not have mechanisms in place
to ensure that the policy is implemented at the local level.
H.R. 1351 seeks to establish a random inspection mechanism to
ensure that local managers are administering discipline in a
consistent and fair way.

Hearings

No hearings were specifically held on H.R. 1351. However,
the Committee held an oversight hearing on TSA employee
misconduct during the 114th Congress. On July 7, 2016, the
Oversight and Management Efficiency Subcommittee and the
Transportation Security Subcommittee held a joint hearing
entitled ``How Pervasive is Misconduct at TSA: Examining
Findings from a Joint Subcommittee Investigation.'' The
Subcommittees received testimony from Dr. Huban Gowadia, Deputy
Administrator, Transportation Security Administration, U.S.
Department of Homeland Security; and Mr. Andrew Oosterbaan,
Assistant Inspector General for Investigations, Office of
Inspector General, U.S. Department of Homeland Security.

Committee Consideration

The Committee met on May 3, 2017, to consider H.R. 1351,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The Committee adopted H.R. 1351, as amended, by a recorded
vote of 14 yeas and 10 nays (Roll No. 8).
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Mr.
Perry (#1); was AGREED TO by a recorded vote of 14 yeas and 10
nays (Roll No. 7).

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.
The Committee on Homeland Security considered H.R. 1351 on
May 3, 2017, and took the following votes:

ROLL CALL NO. 7

H.R. 1351

On agreeing to the Amendment in the Nature of a Substitute offered by Mr. Perry (#1).
Agreed to: 14 yeas and 10 nays.

----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul,.................................. X Mr. Thompson of Mississippi,......... X
Chair...................................... Ranking Member.....................
Mr. Smith of Texas........................... Ms. Jackson Lee......................
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Marino................................... X Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela............................. X
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan..................................
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick..............................
-------------
Vote Total: 14 10
----------------------------------------------------------------------------------------------------------------

ROLL CALL NO. 8

H.R. 1351

On ordering H.R. 1351 to be reported to the House with a favorable recommendation, as amended.
Agreed to: 14 yeas and 10 nays.

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.
1351, the Strengthening Oversight of TSA Employee Misconduct
Act, 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, July 14, 2017.
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. 1351, the
Strengthening Oversight of TSA Employee Misconduct Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.

H.R. 1351--Strengthening Oversight of TSA Employee Misconduct Act

H.R. 1351 would require the Transportation Security
Administration (TSA) to complete, by September 30, 2023,
unannounced inspections at all airports of actions taken by TSA
managers to address employee misconduct. The bill would specify
procedures for TSA to follow in reporting the results of such
inspections to both the Congress and the Department of Homeland
Security (DHS) and would authorize TSA to implement any
personnel-related recommendations that DHS makes after
reviewing such results.
Based on an analysis of information from TSA, CBO estimates
that inspecting all airports where TSA currently operates
within the timeframe specified by the bill would require about
five additional staff. Including increased administrative costs
and travel expenses, CBO estimates that meeting the bill's
inspection requirements would increase TSA's costs by $1
million annually and $5 million over the 2018-2022 period; that
spending would be subject to the availability of appropriated
funds. (That amount does not include any additional costs that
the agency might incur to implement DHS-recommended changes to
policies for addressing employee misconduct pursuant to reports
of inspections carried out under the bill.)
Enacting H.R. 1351 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1351 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1351 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, 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. 1351 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The purpose of H.R. 1351 is to direct the Administrator of
the Transportation Security Administration (TSA) to make
certain improvements in managing TSA's employee misconduct, and
for other purposes.

Duplicative Federal Programs

Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 1351 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.

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. 1351 does
not preempt any State, local, or Tribal law.

Disclosure of Directed Rule Makings

The Committee estimates that H.R. 1351 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 this bill may be cited as the
``Strengthening Oversight of TSA Employee Misconduct Act''.

Sec. 2. TSA Misconduct Inspection Plan.

Section 2 requires the TSA Administrator to, within 60 days
of enactment, designate a senior official to oversee
unannounced inspections at airports of agency actions taken to
address employee misconduct, including managers removing
employees from service, if necessary. That official must
certify to the Administrator on a biannual basis thereafter
until Fiscal Year 2023 that the unannounced inspections were
completed across a sufficient number of airports to ensure that
all airports are inspected by the specified time period.
Section 2 also requires the Administrator to designate a
separate official to review the inspection results to identify
causes of any variances or trends in the way actions are taken
in response to TSA misconduct and to develop corrective actions
to address such variances. The Administrator is also required
to ensure that the official conducting the unannounced
inspections implements any recommendations made to address
variances in the way actions are taken. The Administrator may
determine, as appropriate, whether inspections may be
consolidated with activities by other offices and such
inspections should be coordinated with other relevant TSA
offices. The Committee intends for the Administrator to
safeguard against any unnecessary duplication in carrying out
these inspections.
Additionally, Section 2 provides that the Administrator may
extend date for completing the unannounced inspections by not
more than one additional fiscal year, if warranted by exigent
circumstances. Section 2 also requires TSA to provide
inspection results biannually to the Department's Chief Human
Capital Officer to ensure that TSA addresses employee
misconduct. The Department's Chief Human Capital Officer may
review the results, identify trends, and make recommendations
on ways to improve TSA employee misconduct. Although the
Administrator shall coordinate with the DHS Chief Human Capital
Officer and implement recommendations, the Chief Human Capital
Officer should consult with the Administrator on such
recommendations and consider the cost and operational impacts
of any such recommendations. The Committee intends for any
recommendations made by the Chief Human Capital Officer to help
the Administrator address employee misconduct.
Section 2 also requires the TSA Administrator to make
inspection results and any corrective actions available to the
Committees on Homeland Security, and Appropriations of the
House of Representatives; the Committees on Homeland Security
and Governmental Affairs, Commerce, Science, and
Transportation, and Appropriations of the Senate; and, as
appropriate, Department personnel. Section 2 includes
definitions of actions and unannounced inspections to help TSA
implement the bill's provisions. Finally, section 2 prohibits
any additional funds from being authorized to carry out these
provisions.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):

TITLE 49, UNITED STATES CODE

* * * * * * *

SUBTITLE VII--AVIATION PROGRAMS

* * * * * * *

PART A--AIR COMMERCE AND SAFETY

* * * * * * *

SUBPART III--SAFETY

* * * * * * *

CHAPTER 449--SECURITY

* * * * * * *

SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

* * * * * * *

Sec. 44935. Employment standards and training

(a) Employment Standards.--The Under Secretary of
Transportation for Security shall prescribe standards for the
employment and continued employment of, and contracting for,
air carrier personnel and, as appropriate, airport security
personnel. The standards shall include--
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when
appropriate.
(b) Review and Recommendations.--In coordination with air
carriers, airport operators, and other interested persons, the
Under Secretary shall review issues related to human
performance in the aviation security system to maximize that
performance. When the review is completed, the Under Secretary
shall recommend guidelines and prescribe appropriate changes in
existing procedures to improve that performance.
(c) Security Program Training, Standards, and
Qualifications.--(1) The Under Secretary--
(A) may train individuals employed to carry out a
security program under section 44903(c) of this title;
and
(B) shall prescribe uniform training standards and
uniform minimum qualifications for individuals eligible
for that training.
(2) The Under Secretary may authorize reimbursement for
travel, transportation, and subsistence expenses for security
training of non-United States Government domestic and foreign
individuals whose services will contribute significantly to
carrying out civil aviation security programs. To the extent
practicable, air travel reimbursed under this paragraph shall
be on air carriers.
(d) Education and Training Standards for Security
Coordinators, Supervisory Personnel, and Pilots.--(1) The Under
Secretary shall prescribe standards for educating and
training--
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security
coordinators.
(2) The standards shall include initial training, retraining,
and continuing education requirements and methods. Those
requirements and methods shall be used annually to measure the
performance of ground security coordinators and security
supervisory personnel.
(e) Security Screeners.--
(1) Training program.--The Under Secretary of
Transportation for Security shall establish a program
for the hiring and training of security screening
personnel.
(2) Hiring.--
(A) Qualifications.--Within 30 days after the
date of enactment of the aviation
Transportation Security Act, the Under
Secretary shall establish qualification
standards for individuals to be hired by the
United States as security screening personnel.
Notwithstanding any provision of law, those
standards shall require, at a minimum, an
individual--
(i) to have a satisfactory or better
score on a Federal security screening
personnel selection examination;
(ii) to be a citizen of the United
States or a national of the United
States, as defined in section
1101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
(iii) to meet, at a minimum, the
requirements set forth in subsection
(f);
(iv) to meet such other
qualifications as the Under Secretary
may establish; and
(v) to have the ability to
demonstrate daily a fitness for duty
without any impairment due to illegal
drugs, sleep deprivation, medication,
or alcohol.
(B) Background checks.--The Under Secretary
shall require that an individual to be hired as
a security screener undergo an employment
investigation (including a criminal history
record check) under section 44936(a)(1).
(C) Disqualification of individuals who
present national security risks.--The Under
Secretary, in consultation with the heads of
other appropriate Federal agencies, shall
establish procedures, in addition to any
background check conducted under section 44936,
to ensure that no individual who presents a
threat to national security is employed as a
security screener.
(3) Examination; review of existing rules.--The Under
Secretary shall develop a security screening personnel
examination for use in determining the qualification of
individuals seeking employment as security screening
personnel. The Under Secretary shall also review, and
revise as necessary, any standard, rule, or regulation
governing the employment of individuals as security
screening personnel.
(f) Employment Standards for Screening Personnel.--
(1) Screener requirements.--Notwithstanding any
provision of law, an individual may not be deployed as
a security screener unless that individual meets the
following requirements:
(A) The individual shall possess a high
school diploma, a general equivalency diploma,
or experience that the Under Secretary has
determined to be sufficient for the individual
to perform the duties of the position.
(B) The individual shall possess basic
aptitudes and physical abilities, including
color perception, visual and aural acuity,
physical coordination, and motor skills, to the
following standards:
(i) Screeners operating screening
equipment shall be able to distinguish
on the screening equipment monitor the
appropriate imaging standard specified
by the Under Secretary.
(ii) Screeners operating any
screening equipment shall be able to
distinguish each color displayed on
every type of screening equipment and
explain what each color signifies.
(iii) Screeners shall be able to hear
and respond to the spoken voice and to
audible alarms generated by screening
equipment in an active checkpoint
environment.
(iv) Screeners performing physical
searches or other related operations
shall be able to efficiently and
thoroughly manipulate and handle such
baggage, containers, and other objects
subject to security processing.
(v) Screeners who perform pat-downs
or hand-held metal detector searches of
individuals shall have sufficient
dexterity and capability to thoroughly
conduct those procedures over an
individual's entire body.
(C) The individual shall be able to read,
speak, and write English well enough to--
(i) carry out written and oral
instructions regarding the proper
performance of screening duties;
(ii) read English language
identification media, credentials,
airline tickets, and labels on items
normally encountered in the screening
process;
(iii) provide direction to and
understand and answer questions from
English-speaking individuals undergoing
screening; and
(iv) write incident reports and
statements and log entries into
security records in the English
language.
(D) The individual shall have satisfactorily
completed all initial, recurrent, and
appropriate specialized training required by
the security program, except as provided in
paragraph (3).
(2) Veterans preference.--The Under Secretary shall
provide a preference for the hiring of an individual as
a security screener if the individual is a member or
former member of the armed forces and if the individual
is entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member of the
armed forces.
(3) Exceptions.--An individual who has not completed
the training required by this section may be deployed
during the on-the-job portion of training to perform
functions if that individual--
(A) is closely supervised; and
(B) does not make independent judgments as to
whether individuals or property may enter a
sterile area or aircraft without further
inspection.
(4) Remedial training.--No individual employed as a
security screener may perform a screening function
after that individual has failed an operational test
related to that function until that individual has
successfully completed the remedial training specified
in the security program.
(5) Annual proficiency review.--The Under Secretary
shall provide that an annual evaluation of each
individual assigned screening duties is conducted and
documented. An individual employed as a security
screener may not continue to be employed in that
capacity unless the evaluation demonstrates that the
individual--
(A) continues to meet all qualifications and
standards required to perform a screening
function;
(B) has a satisfactory record of performance
and attention to duty based on the standards
and requirements in the security program; and
(C) demonstrates the current knowledge and
skills necessary to courteously, vigilantly,
and effectively perform screening functions.
(6) Operational testing.--In addition to the annual
proficiency review conducted under paragraph (5), the
Under Secretary shall provide for the operational
testing of such personnel.
(g) Training.--
(1) Use of other agencies.--The Under Secretary may
enter into a memorandum of understanding or other
arrangement with any other Federal agency or department
with appropriate law enforcement responsibilities, to
provide personnel, resources, or other forms of
assistance in the training of security screening
personnel.
(2) Training plan.--Within 60 days after the date of
enactment of the Aviation and Transportation Security
Act, the Under Secretary shall develop a plan for the
training of security screening personnel. The plan
shall require, at a minimum, that a security screener--
(A) has completed 40 hours of classroom
instruction or successfully completed a program
that the Under Secretary determines will train
individuals to a level of proficiency
equivalent to the level that would be achieved
by such classroom instruction;
(B) has completed 60 hours of on-the-job
instructions; and
(C) has successfully completed an on-the-job
training examination prescribed by the Under
Secretary.
(3) Equipment-specific training.--An individual
employed as a security screener may not use any
security screening device or equipment in the scope of
that individual's employment unless the individual has
been trained on that device or equipment and has
successfully completed a test on the use of the device
or equipment.
(h) Technological Training.--
(1) In general.--The Under Secretary shall
require training to ensure that screeners are
proficient in using the most up-to-date new
technology and to ensure their proficiency in
recognizing new threats and weapons.
(2) Periodic assessments.--The Under
Secretary shall make periodic assessments to
determine if there are dual use items and
inform security screening personnel of the
existence of such items.
(3) Current lists of dual use items.--Current
lists of dual use items shall be part of the
ongoing training for screeners.
(4) Dual use defined.--For purposes of this
subsection, the term ``dual use'' item means an
item that may seem harmless but that may be
used as a weapon.
(i) Limitation on Right to Strike.--An individual that
screens passengers or property, or both, at an airport under
this section may not participate in a strike, or assert the
right to strike, against the person (including a governmental
entity) employing such individual to perform such screening.
(j) Uniforms.--The Under Secretary shall require any
individual who screens passengers and property pursuant to
section 44901 to be attired while on duty in a uniform approved
by the Under Secretary.
[(i)] (k) Accessibility of Computer-Based Training
Facilities.--The Under Secretary shall work with air carriers
and airports to ensure that computer-based training facilities
intended for use by security screeners at an airport regularly
serving an air carrier holding a certificate issued by the
Secretary of Transportation are conveniently located for that
airport and easily accessible.
(l) TSA Misconduct Inspections.--
(1) In general.--Not later than 60 days after the
date of the enactment of this subsection, the
Administrator of the Transportation Security
Administration (TSA) shall--
(A) designate a senior official to implement
a plan to oversee unannounced inspections at
airports of agency actions taken to address TSA
employee misconduct, including actions taken by
managers at airports to address any such
misconduct through corrective actions, up to
and including removal from Federal service, in
accordance with Department of Homeland Security
and TSA policies;
(B) on a biannual basis thereafter until
September 30, 2023, the official specified in
subparagraph (A) shall certify to the
Administrator that the unannounced inspections
referred to in such paragraph were completed
across a sufficient number of airports such
that all airports are--
(i) inspected before such date; and
(ii) provided adequate information
regarding agency actions taken to
address TSA employee misconduct;
(C) designate a senior official other than
the senior official designated pursuant to
subparagraph (A) to review the results of such
unannounced inspections to identify causes of
any variances and overall trends in the way
actions are taken in response to TSA employee
misconduct and develop corrective actions and
recommendations, up to and including removal
from Federal service, as appropriate; and
(D) direct the official described in
subparagraph (C) to implement the corrective
actions and recommendations specified in such
subparagraph.
(2) Consolidation and coordination.--Unannounced
inspections under paragraph (1) of certain locations
may be consolidated and coordinated with other relevant
TSA offices, as determined appropriate by the
Administrator of the TSA.
(3) Extension.--The Administrator of the TSA may
extend the final date specified in paragraph (1)(B) for
completing the unannounced inspections under paragraph
(1) for not more than one additional fiscal year if
exigent circumstances warrant. If the Administrator
determines that such an extension is necessary, the
Administrator shall provide to the Committee on
Homeland Security and the Committee on Appropriations
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs,. the
Committee on Commerce, Science, and Transportation, and
the Committee on Appropriations of the Senate written
justification regarding such circumstances prior to
granting such extension.
(4) Department of homeland security review.--
(A) In general.--On a biannual basis, the
official specified in paragraph (1)(C) shall
provide to the Chief Human Capital Officer of
the Department of Homeland Security the results
of unannounced inspections conducted pursuant
to such paragraph.
(B) Identification.--The Chief Human Capital
Officer of the Department of Homeland Security
may review the results of the unannounced
inspections conducted pursuant to paragraph
(1)(A) to, as appropriate, identify trends and
make recommendations, to the Administrator of
the TSA to address employee misconduct.
(C) Implementation.--The Administrator of the
TSA shall coordinate with the Chief Human
Capital Officer of the Department of Homeland
Security to implement any recommendations made
pursuant to subparagraph (B) within the
timeframes established by the Chief Human
Capital Officer.
(5) Information to congress.--The Administrator of
the TSA shall make the results of the unannounced
inspections, including any recommended corrective
actions for addressing variances, identified under this
subsection readily available to--
(A) the Committee on Homeland Security and
the Committee on Appropriations of the House of
Representatives;
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(C) as appropriate, personnel of the
Department of Homeland Security, as determined
by the Administrator.
(6) Definitions.--In this subsection:
(A) Actions.--The term ``actions'' means
consequences for employee misconduct, up to and
including removal from Federal Service,
established by TSA policy.
(B) Unannounced inspections.--The term
``unannounced inspections'' means a review of
information without providing advanced notice
to the party under review.

* * * * * * *

DISSENTING VIEWS

On behalf of Committee Democrats, I submit these dissenting
views with respect to H.R. 1351, the ``Strengthening Oversight
of TSA Employee Misconduct Act,'' a bill premised on
unsubstantiated claims of wide-scale misconduct within the
transportation security officer (TSO) workforce that, if
enacted, could result in limited Transportation Security
Administration (TSA) auditing resources being diverted from
investigating security-related concerns.
The TSO workforce has been effective at protecting the
flying public since federalization of their duties following
the terrible events of 9/11. The TSO workforce is the face of
TSA and are the DHS employees the public is most likely to
encounter. In 2016, the TSO workforce screened more than 2
million passengers per day (738 million in total).\1\ The men
and women that serve on TSA's frontlines stopped over 3,000
firearms from being brought on planes in carry-on bags in
2016.\2\
---------------------------------------------------------------------------
\1\TSA Releases 2016 Statistics. National Press Release. January
12, 2017. https: http://blog.tsa.gov/2017/01/tsa-year-in-review-record-
amount-of.html.
\2\Id.
---------------------------------------------------------------------------
There is no evidence to support the premise of H.R. 1351--
that the TSO workforce is more likely to engage in misconduct
than other federal workers and, thus, specific legislation
requiring heightened scrutiny for this workforce is
unwarranted. It is important to keep in mind that amongst
government agencies, TSA consistently ranks near the bottom for
best places to work, ranking 303 out of 305 in 2016.\3\ With
their notoriously low workforce morale, a bill such as H.R.
1351 that singles out the agency, risks further demoralizing
TSOs and creating an atmosphere of fear and mistrust.
---------------------------------------------------------------------------
\3\``Best Places to Work in the Federal Government.'' December
2016. Accessed July 14, 2017. http://bestplacestowork.org/BPTW/
rankings/detail/HS10.
---------------------------------------------------------------------------
Beyond insulting the TSO workforce, H.R. 1351, as drafted,
has fundamental flaws that, according to TSA, sow confusion
about what the agency would actually be mandated to do.
Specifically, in advance of the Full Committee's consideration
of this measure, TSA communicated to the Committee that it is
unsure of whether it would be expected to divert its limited
inspection resources away from its risk-based review of
security operations and administrative matters, including
personnel matters, to conduct unannounced audits of
documentation on how misconduct is managed at each airport in
the United States.
Further, to carry out an effective audit, TSA indicated
that there needs to be coordination with the leadership within
an audited airport to ensure that needed documents are
available for review. TSA told the Committee, informally, that
the unannounced audit regime is a recipe for waste since, under
TSA's ``hub and spoke model'' documents are centrally housed at
certain airports. Furthermore, the bill fails to recognize that
each incident of misconduct is unique by nature and requires a
detailed analysis in order to make informed decisions.
Identifying the number of instances of misconduct does not
identify causation. Simply collecting paperwork from airports
across the country cannot paint an accurate picture of all
incidents and is a misguided approach to oversight.
Further, as drafted, it is unclear which entities and
persons would be responsible for carrying out the mandated
inspections. H.R. 1351 offers no guidance on which office
within TSA would be responsible for the unannounced
inspections. It only states that a ``senior official'' would be
responsible.
TSA's Audits and Inspections Division has an inspection
program that utilizes a risk-based approach to focus on higher
impact operational and administrative areas. The Committee was
told by TSA that if the Audits and Inspections Division is
tasked with performing the new unannounced inspection regime,
it could result in approximately 20% of their project work,
from the date of passage through the subsequent 5 years,
needing to be abandoned until the requirements of the bill are
met.
This bill is unnecessary as there are already extensive
procedures in place at TSA to handle misconduct. For almost 16
years, TSA has maintained its own disciplinary procedures and
already has several senior officials, including the Chief Human
Capital Officer and the Director of Employee Relations, whose
duties include tracking disciplinary actions. Moreover, TSA's
Office of Professional Responsibility Appellate Review Board
tracks and oversees disciplinary actions. Additionally,
Congress already has the authority to request information on
TSA disciplinary actions, and TSA has provided such information
repeatedly.
H.R. 1351 is vague, confusing for TSA, wasteful, and could
result in limited homeland security resources being improperly
diverted. Most importantly, it lacks a well-reasoned rationale
and is based on false notions about the degree to which there
are discipline issues within the TSO workforce. The men and
women of TSA should be supported by Congress, not put down, as
they endeavor every day, often in stressful and understaffed
environments, to ensure that the American flying public is
secure.
For all these reasons, on behalf of Committee Democrats, I
strongly dissent against H.R. 1351 and urge my colleagues in
the House of Representatives to stand with the over 44,000 TSOs
nationwide and reject H.R. 1351.

Bennie G. Thompson.

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