I 

115TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Mr. PERRY (for himself and Mr. MCCAUL) introduced the following bill; which 

was referred to the Committee on Homeland Security 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Over5 sight of TSA Employee Misconduct Act’’. 

6 SEC. 2. TSA MISCONDUCT INSPECTION PLAN. 

7 (a) IN GENERAL.—Section 44935 of title 49, United 

8 States Code, is amended— 


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1 (1) by redesignating the second subsection (i) 

2 (relating to accessibility of computer-based training 

3 facilities) as subsection (k); and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(l) TSA MISCONDUCT INSPECTIONS.— 

7 ‘‘(1) IN GENERAL.—Not later than 60 days 

8 after the date of the enactment of this subsection, 

9 the Administrator of the Transportation Security 

10 Administration (TSA) shall— 

11 ‘‘(A) designate a senior official to imple12 ment a plan to oversee unannounced inspections 

13 of the types of actions taken in response to em14 ployee misconduct allegations, including actions 

15 taken by managers at airports to address any 

16 such allegations through corrective actions, in17 cluding dismissal if warranted, in accordance 

18 with Department of Homeland Security and 

19 TSA policies; 

20 ‘‘(B) on a quarterly basis thereafter until 

21 September 30, 2022, the official specified in 

22 subparagraph (A) shall certify to the Adminis23 trator that the unannounced inspections re24 ferred to in such paragraph were completed 


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1 across a sufficient number of airports such that 

2 all airports are inspected before such date; 

3 ‘‘(C) designate a senior official to review 

4 the results of such unannounced inspections to 

5 identify root causes of any variances in the way 

6 actions taken in response to employee mis7 conduct allegations and develop corrective ac8 tions (including dismissal if warranted), as ap9 propriate; and 

10 ‘‘(D) ensure that the official specified in 

11 subparagraph (A) implements the recommenda12 tions made by the official specified in subpara13 graph (C). 

14 ‘‘(2) DEPARTMENT OF HOMELAND SECURITY

15 REVIEW.— 

16 ‘‘(A) IN GENERAL.—On a quarterly basis, 

17 the official specified in paragraph (1)(A) shall 

18 provide to the Chief Human Capital Officer of 

19 the Department of Homeland Security the re20 sults of unannounced inspections conducted 

21 pursuant to such paragraph. 

22 ‘‘(B) IDENTIFICATION.—The Chief Human 

23 Capital Officer of the Department of Homeland 

24 Security shall review the results of the unan25 nounced inspections conducted pursuant to 


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1 paragraph (1)(A) to identify trends and, as ap2 propriate, make recommendations, including 

3 timeframes for implementation, to the Adminis4 trator of the TSA to address employee mis5 conduct. 

6 ‘‘(C) IMPLEMENTATION.—The Adminis7 trator of the TSA shall implement recommenda8 tions made by the Chief Human Capital Officer 

9 of the Department of Homeland Security within 

10 the timeframes established by the Chief Human 

11 Capital Officer. 

12 ‘‘(3) INFORMATION TO CONGRESS.—The Ad13 ministrator of the TSA shall make misconduct infor14 mation identified under this subsection readily avail15 able to— 

16 ‘‘(A) the Committee on Homeland Security 

17 and the Committee on Appropriations of the 

18 House of Representatives; 

19 ‘‘(B) the Committee on Homeland Security 

20 and Governmental Affairs, the Committee on 

21 Commerce, Science, and Transportation, and 

22 the Committee on Appropriations of the Senate; 

23 and 


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1 ‘‘(C) as appropriate, personnel of the De2 partment of Homeland Security, as determined 

3 by the Administrator. 

4 ‘‘(4) DEFINITIONS.—In this subsection: 

5 ‘‘(A) ACTIONS.—The term ‘actions’ means 

6 consequences for employee misconduct estab7 lished by the Transportation Security Adminis8 tration’s misconduct policy and related docu9 ments under this subsection. 

10 ‘‘(B) MISCONDUCT.—The term ‘mis11 conduct’ means the failure of a Transportation 

12 Security Administration employee to comply 

13 with a performance plan, rule, regulation, or 

14 law within the scope of such employee’s duties, 

15 responsibilities, or functions. 

16 ‘‘(C) UNANNOUNCED INSPECTIONS.—The 

17 term ‘unannounced inspections’ means a review 

18 of information without providing notice to the 

19 party under review.’’. 

20 (b) NO ADDITIONAL FUNDS AUTHORIZED.—No ad21 ditional funds are authorized to carry out the require22 ments of this Act and the amendments made by this Act. 

23 Such requirements shall be carried out using amounts oth24 erwise authorized. 

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