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Union Calendar No. 161 

115TH CONGRESS 

1ST SESSION H. R. 1351 

[Report No. 115–226] 

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 

JULY 17, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 2, 2017] 


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•HR 1351 RH

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. 


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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 Oversight 

5 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— 

9 (1) by redesignating the second subsection (i) (re10 lating to accessibility of computer-based training fa11 cilities) as subsection (k); and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(l) TSA MISCONDUCT INSPECTIONS.— 

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

16 the date of the enactment of this subsection, the Ad17 ministrator of the Transportation Security Adminis18 tration (TSA) shall— 

19 ‘‘(A) designate a senior official to imple20 ment a plan to oversee unannounced inspections 

21 at airports of agency actions taken to address 

22 TSA employee misconduct, including actions 

23 taken by managers at airports to address any 

24 such misconduct through corrective actions, up to 

25 and including removal from Federal service, in 


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1 accordance with Department of Homeland Secu2 rity and TSA policies; 

3 ‘‘(B) on a biannual basis thereafter until 

4 September 30, 2023, the official specified in sub5 paragraph (A) shall certify to the Administrator 

6 that the unannounced inspections referred to in 

7 such paragraph were completed across a suffi8 cient number of airports such that all airports 

9 are— 

10 ‘‘(i) inspected before such date; and 

11 ‘‘(ii) provided adequate information 

12 regarding agency actions taken to address 

13 TSA employee misconduct; 

14 ‘‘(C) designate a senior official other than 

15 the senior official designated pursuant to sub16 paragraph (A) to review the results of such un17 announced inspections to identify causes of any 

18 variances and overall trends in the way actions 

19 are taken in response to TSA employee mis20 conduct and develop corrective actions and rec21 ommendations, up to and including removal 

22 from Federal service, as appropriate; and 

23 ‘‘(D) direct the official described in sub24 paragraph (C) to implement the corrective acVerDate Sep 11 2014 03:35 Jul 18, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1351.RH H1351

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1 tions and recommendations specified in such 

2 subparagraph. 

3 ‘‘(2) CONSOLIDATION AND COORDINATION.—Un4 announced inspections under paragraph (1) of certain 

5 locations may be consolidated and coordinated with 

6 other relevant TSA offices, as determined appropriate 

7 by the Administrator of the TSA. 

8 ‘‘(3) EXTENSION.—The Administrator of the 

9 TSA may extend the final date specified in para10 graph (1)(B) for completing the unannounced inspec11 tions under paragraph (1) for not more than one ad12 ditional fiscal year if exigent circumstances warrant. 

13 If the Administrator determines that such an exten14 sion is necessary, the Administrator shall provide to 

15 the Committee on Homeland Security and the Com16 mittee on Appropriations of the House of Representa17 tives and the Committee on Homeland Security and 

18 Governmental Affairs,. the Committee on Commerce, 

19 Science, and Transportation, and the Committee on 

20 Appropriations of the Senate written justification re21 garding such circumstances prior to granting such ex22 tension. 

23 ‘‘(4) DEPARTMENT OF HOMELAND SECURITY RE24 VIEW.— 


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1 ‘‘(A) IN GENERAL.—On a biannual basis, 

2 the official specified in paragraph (1)(C) shall 

3 provide to the Chief Human Capital Officer of 

4 the Department of Homeland Security the results 

5 of unannounced inspections conducted pursuant 

6 to such paragraph. 

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

8 Capital Officer of the Department of Homeland 

9 Security may review the results of the unan10 nounced inspections conducted pursuant to para11 graph (1)(A) to, as appropriate, identify trends 

12 and make recommendations, to the Adminis13 trator of the TSA to address employee mis14 conduct. 

15 ‘‘(C) IMPLEMENTATION.—The Adminis16 trator of the TSA shall coordinate with the Chief 

17 Human Capital Officer of the Department of 

18 Homeland Security to implement any rec19 ommendations made pursuant to subparagraph 

20 (B) within the timeframes established by the 

21 Chief Human Capital Officer. 

22 ‘‘(5) INFORMATION TO CONGRESS.—The Admin23 istrator of the TSA shall make the results of the unan24 nounced inspections, including any recommended corVerDate Sep 11 2014 03:35 Jul 18, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1351.RH H1351

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1 rective actions for addressing variances, identified 

2 under this subsection readily available to— 

3 ‘‘(A) the Committee on Homeland Security 

4 and the Committee on Appropriations of the 

5 House of Representatives; 

6 ‘‘(B) the Committee on Homeland Security 

7 and Governmental Affairs, the Committee on 

8 Commerce, Science, and Transportation, and the 

9 Committee on Appropriations of the Senate; and 

10 ‘‘(C) as appropriate, personnel of the De11 partment of Homeland Security, as determined 

12 by the Administrator. 

13 ‘‘(6) DEFINITIONS.—In this subsection: 

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

15 consequences for employee misconduct, up to and 

16 including removal from Federal Service, estab17 lished by TSA policy. 

18 ‘‘(B) UNANNOUNCED INSPECTIONS.—The 

19 term ‘unannounced inspections’ means a review 

20 of information without providing advanced no21 tice to the party under review.’’. 

22 (b) NO ADDITIONAL FUNDS AUTHORIZED.—No addi23 tional funds are authorized to carry out the requirements 

24 of this Act and the amendments made by this Act. Such 


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1 requirements shall be carried out using amounts otherwise 

2 authorized. 


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Union Calendar No. 161 

115TH CONGRESS 

1ST SESSION H. R. 1351 

[Report No. 115–226] 

A BILL 

To amend title 49, United States Code, to direct 

and for other purposes. ments in managing TSA’s employee misconduct, Administration (TSA) to make certain improvethe Administrator of the Transportation Security 

JULY 17, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


lotter on DSK30NT082PROD with BILLS