U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT 

2015

114–111 

Calendar No. 191 

TSA OFFICE OF INSPECTION 

ACCOUNTABILITY ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 719 

AUGUST 4, 2015.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 191 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–111 

TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 

2015 

AUGUST 4, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany H.R. 719] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (H. R. 719) to require the Transportation Security Administration to conform to existing Federal law 

and regulations regarding criminal investigator positions, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 719 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 NEEDS

The Office of Inspection (OOI) at the TSA conducts inspections, 

internal reviews, and covert testing to ensure the effectiveness and 

efficiency of the TSA’s operations and administrative activities, and 

to identify vulnerabilities in the TSA security systems. Additionally, the OOI carries out internal investigations of the TSA workforce to ensure its integrity. The OOI refers all potential investigations to the Department of Homeland Security’s Office of Inspector 

General (DHS OIG), which then chooses which cases to pursue. 

After this determination is made, the cases that the DHS OIG decided not to investigate are referred back to the OOI. In 2014, the 

OOI referred 417 cases to the DHS OIG. The DHS OIG retained 


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1Transportation Security Administration, Office of Legislative Affairs, 2014, (Information provided in response to request by the Committee on Commerce, Science, and Transportation of 

the Senate staff in June 2015). 2Department of Homeland Security, Office of Inspector General, Transportation Security Administration Office of Inspection’s Efforts to Enhance Transportation Security, September 2013, 

at http://www.oig.dhs.gov/assets/Mgmt/2013/OIGl13-123lSep13.pdf. 3 5 U.S.C. 8331(20), 8401(17), 5 C.F.R. 831.902; see also 5 C.F.R. 842.802. 

33 cases, or 7.9 percent, for investigation, referring 384 back to the 

OOI.1

In September 2013, the DHS OIG issued a report entitled, 

‘‘Transportation Security Administration Office of Inspection’s Efforts to Enhance Transportation Security.’’ 2 According to the DHS 

OIG report, roughly 100 criminal investigators in the 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, well-suited to some of those performed by a criminal investigator, they do not qualify a criminal investigator for enhanced retirement benefits afforded to law enforcement officers under Federal law and regulations. By law, only those Federal employees 

whose duties include ‘‘primarily the investigation, apprehension, or 

detention of individuals suspected or convicted of offenses against 

the criminal laws of the United States’’ qualify as law enforcement 

officers.3

The DHS OIG reported that the premium pay and other benefits 

afforded to TSA criminal investigators within the OOI who are incorrectly classified as such could cost taxpayers as much as $17.5 

million over 5 years if the TSA fails to make any changes to the 

number of OOI criminal investigators. The DHS OIG projected 

even more savings in training, travel, supplies, and other special 

employment benefits if personnel were properly reclassified, but 

did not specify an amount. 

SUMMARY OF PROVISIONS

H.R. 719 would require the TSA to certify to the Committee on 

Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, 

and the DHS OIG to validate, that only the TSA employees who 

meet the relevant legal and regulatory requirements specified in 

the legislation are classified as criminal investigators and therefore 

receive premium pay and other benefits. If the DHS OIG finds that 

the TSA is using inadequate or invalid data and methods to classify criminal investigators, the TSA may not hire any new employee to work in the OOI until the TSA makes a new certification 

and the DHS OIG submits to Congress a finding that the TSA utilized adequate and valid data and methods to make its certification. The bill also would require the TSA to reclassify any criminal investigators who do not, or are not expected to, spend an average of at least 50 percent of their time performing criminal investigative duties and report to Congress on any associated cost savings. 

In addition, this legislation would require the TSA to submit to 

Congress any materials in the possession or control of the Department of Homeland Security (DHS) associated with the OOI’s review 

of instances in which Federal Air Marshal Service (FAMS) officials 


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obtained discounted or free firearms for personal use, and information on specific actions that will be taken to prevent FAMS officials 

from using their official positions, or exploiting FAMS relationships 

with private vendors, to obtain discounted or free firearms for personal use. 

Lastly, as amended, H.R. 719 would require the DHS IG to submit a study to Congress comparing the employee requirements, responsibilities, and benefits of criminal investigators in the OOI 

with criminal investigators employed at agencies adhering to the 

Office of Personnel Management (OPM) employee classification system, and to identify any inconsistencies and cost implications for 

differences between the varying employee requirements, responsibilities, and benefits. 

LEGISLATIVE HISTORY

H.R. 719 was introduced on February 4, 2015, by Representative 

John Katko (R–NY) and passed the House of Representatives on 

February 10, 2015, by a vote of 414-0. The bill is substantially 

similar to H.R. 4803, a bipartisan measure in the 113th Congress 

sponsored by Congressman Mark Sanford (R–SectionSC) that 

passed the House of Representatives by voice vote, but saw no action in the Senate. 

No legislative hearings were held on H.R. 719 in the 114th Congress. However, the Subcommittee on Transportation Security of 

the Homeland Security Committee of the House of Representatives 

held an oversight hearing on January 28, 2014, entitled ‘‘Examining TSA’s Cadre of Criminal Investigators.’’ 

On February 26, 2015, the Committee on Commerce, Science, 

and Transportation of the Senate held an Executive Session to consider H.R. 719, the TSA Office of Inspection Accountability Act of 

2015, and ordered the bill to be reported to the Senate favorably, 

with an amendment in the nature of a substitute, by voice vote. 

Two first degree amendments were agreed to, including one sponsored by Chairman Thune and Ranking Member Nelson to make 

several changes to the bill reflecting agency feedback, and another 

sponsored by Senator Manchin to require the DHS OIG to conduct 

a study. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

H.R. 719—TSA Office of Inspection Accountability Act of 2015 

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 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 parVerDate Sep 11 2014 06:17 Aug 05, 2015 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR111.XXX SR111

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ticular, such individuals qualify for additional compensation 

(known as Law Enforcement Availability Pay) and enhanced retirement benefits. 

H.R. 719 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 criminal investigators and to reclassify any staff of the Office of Inspection that are currently 

misclassified according to the results of that review. In addition, 

the legislation would require DHS to provide a variety of securityrelated updates and reports to the Congress. 

According to DHS, TSA is already undertaking a strategic analysis of the agency’s workforce that, under current law, will serve 

as the basis for potential reclassifications of investigative staff of 

the Office of Inspection. As a result of that effort, TSA’s future 

costs for salaries and benefits of criminal investigators (which are 

subject to appropriation) could increase or decrease, but CBO does 

not expect that enacting H.R. 719 would significantly affect the 

timing or outcome of that process. We estimate that complying 

with the legislation’s reporting requirements would cost less than 

$500,000 and would be subject to the availability of appropriated 

funds. H.R. 719 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 719 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 Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would not subject any individuals or businesses to additional regulations. It would address internal agency employee classification and benefits policies that could result in personnel treatment changes to no more than 125 existing TSA employees. 

ECONOMIC IMPACT

The bill would not have an adverse economic impact on the Nation and would not authorize any new spending by the Federal 

Government. On the contrary, it could save an estimated $17.5 million over 5 years, plus additional projected savings in training, 

travel, supplies, and other special employment benefits if personnel 

are properly reclassified. According to the DHS, the TSA is already 

undertaking a strategic analysis of its workforce that will serve as 

the basis for potential reclassifications of investigative staff of the 

OOI, and compliance with the legislation’s reporting requirements 

would cost less than $500,000, subject to the availability of appropriated funds. 


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PRIVACY

The bill would have no adverse impact on the personal privacy 

of individuals. 

PAPERWORK

The bill would not significantly increase paperwork requirements 

for private individuals or businesses, and would require the Federal Government to produce a certification, an estimate, information, a finding, and a study to Congress. The TSA would be required to certify to Congress that only those OOI employees 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. The TSA would also be required to submit to 

Congress an estimate of total long-term savings to the Federal Government resulting from its employee reclassification, as well as materials and information related to its OOI review of FAMS misconduct. The DHS OIG would be required to produce to Congress 

a finding that the TSA used adequate and valid data and methods 

to make a positive certification to Congress, and a study comparing 

the OOI criminal investigators to other agencies’ criminal investigators adhering to the OPM employee classification system. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the bill may be cited as the ‘‘TSA 

Office of Inspection Accountability Act of 2015.’’ 

Section 2. Findings 

This section would make five findings based on a DHS OIG report regarding the TSA’s inconsistent implementation of policies 

and best practices for designation of criminal investigators, and related inflated costs. 

Section 3. Definitions 

This section would define 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. 

Section 4. Inspector General audit 

This section would direct the DHS OIG, within 60 days after the 

date of enactment, to analyze the data and methods that the TSA 

uses to identify OOI employees that meet the requirements of sections 8331(20), 8401(17), and 5545a of title 5, United States Code; 


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and provide relevant findings to the Assistant Secretary, including 

whether the data and methods are adequate and valid. 

This section would further prohibit the TSA from hiring any new 

employee to work in the OOI if the DHS OIG finds that such data 

and methods are inadequate or invalid, until: (1) the TSA makes 

a certification to the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate that only TSA employees 

who meet such requirements are classified as criminal investigators and are receiving premium pay and other benefits associated 

with such classification; and (2) the DHS OIG submits a finding 

that the TSA utilized adequate and valid data and methods to 

make such certification. 

Section 5. TSA Office of Inspection workforce certification 

This section would require the TSA, within 90 days after the 

date the DHS OIG provides its findings to the TSA, to 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 OOI employees 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. 

The section would require the TSA to re-classify criminal investigator positions in the 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. 

This section would require the TSA to estimate the total longterm cost savings to the Federal Government resulting from its employee reclassification, 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 not later than 180 days after the date of enactment of this Act. 

Such estimate shall identify savings associated with the positions 

reclassified and include factors such as, law enforcement training; 

early retirement benefits; law enforcement availability and other 

premium pay; and weapons, vehicles, and communications devices. 

Section 6. Investigation of Federal Air Marshal Service misconduct 

This section would require the TSA to submit to the Committee 

on Homeland Security of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate, not later than 90 days after enactment, or as soon as practicable, materials in the possession or control of the DHS associated with the DHS OIG’s review of instances in which FAMS officials obtained discounted or free firearms for personal use, and information on specific actions that will be taken to prevent FAMS 

officials from using their official positions or exploiting FAMS relationships with private vendors to obtain discounted or free firearms 

for personal use. 


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Section 7. Study 

As amended, this section would require the DHS OIG to submit 

to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 180 days after the TSA submits 

its certification to Congress, a study: (1) reviewing and comparing 

the employee requirements, responsibilities, and benefits of criminal investigators in the OOI with those of criminal investigators 

employed at agencies adhering to the OPM employee classification 

system; and (2) identifying any inconsistencies and costs implications for differences between the varying employee requirements, 

responsibilities, and benefits. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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