In the House of Representatives, U. S., 

September 24, 2015. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 719) entitled ‘‘An Act to require the 

Transportation Security Administration to conform to existing Federal law and regulations regarding criminal investigator positions, and for other purposes.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘TSA Office of Inspection 

3 Accountability Act of 2015’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Consistent with Federal law and regulations, 

7 for law enforcement officers to qualify for premium 

8 pay as criminal investigators, the officers must, in 

9 general, spend on average at least 50 percent of their 

10 time investigating, apprehending, or detaining indi11 viduals suspected or convicted of offenses against the 

12 criminal laws of the United States. 

13 (2) According to the Inspector General of the De14 partment of Homeland Security (DHS IG), the 
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1 Transportation Security Administration (TSA) does 

2 not ensure that its cadre of criminal investigators in 

3 the Office of Inspection are meeting this requirement, 

4 even though they are considered law enforcement offi5 cers under TSA policy and receive premium pay. 

6 (3) Instead, TSA criminal investigators in the 

7 Office of Inspection primarily monitor the results of 

8 criminal investigations conducted by other agencies, 

9 investigate administrative cases of TSA employee 

10 misconduct, and carry out inspections, covert tests, 

11 and internal reviews, which the DHS IG asserts could 

12 be performed by employees other than criminal inves13 tigators at a lower cost. 

14 (4) The premium pay and other benefits afforded 

15 to TSA criminal investigators in the Office of Inspec16 tion who are incorrectly classified as such will cost 

17 the taxpayer as much as $17 million over 5 years if 

18 TSA fails to make any changes to the number of 

19 criminal investigators in the Office of Inspection, ac20 cording to the DHS IG. 

21 (5) This may be a conservative estimate, as it 

22 accounts for the cost of Law Enforcement Availability 

23 Pay, but not the costs of law enforcement training, 

24 statutory early retirement benefits, police vehicles, 

25 and weapons. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATION.—The term ‘‘Administra4 tion’’ means the Transportation Security Administra5 tion. 

6 (2) ASSISTANT SECRETARY.—The term ‘‘Assist7 ant Secretary’’ means the Assistant Secretary of 

8 Homeland Security (Transportation Security) of the 

9 Department of Homeland Security. 

10 (3) INSPECTOR GENERAL.—The term ‘‘Inspector 

11 General’’ means the Inspector General of the Depart12 ment of Homeland Security. 

13 SEC. 4. INSPECTOR GENERAL AUDIT. 

14 (a) AUDIT.—Not later than 60 days after the date of 

15 the enactment of this Act, the Inspector General shall ana16 lyze the data and methods that the Assistant Secretary uses 

17 to identify Office of Inspection employees of the Administra18 tion who meet the requirements of sections 8331(20), 

19 8401(17), and 5545a of title 5, United States Code, and 

20 provide the relevant findings to the Assistant Secretary, in21 cluding a finding on whether the data and methods are ade22 quate and valid. 

23 (b) PROHIBITION ON HIRING.—If the Inspector Gen24 eral finds that such data and methods are inadequate or 

25 invalid, the Administration shall not hire any new em-
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1 ployee to work in the Office of Inspection of the Administra2 tion until— 

3 (1) the Assistant Secretary makes a certification 

4 described in section 5 to the Committee on Homeland 

5 Security of the House of Representatives and the 

6 Committee on Commerce, Science, and Transpor7 tation of the Senate; and 

8 (2) the Inspector General submits to such Com9 mittees a finding, not later than 30 days after the As10 sistant Secretary makes such certification, that the 

11 Assistant Secretary utilized adequate and valid data 

12 and methods to make such certification. 

13 SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFI14 CATION. 

15 (a) CERTIFICATION TO CONGRESS.—The Assistant 

16 Secretary shall, by not later than 90 days after the date 

17 the Inspector General provides its findings to the Assistant 

18 Secretary under section 4(a), document and certify in writ19 ing to the Committee on Homeland Security of the House 

20 of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate that only those 

22 Office of Inspection employees of the Administration who 

23 meet the requirements of sections 8331(20), 8401(17), and 

24 5545a of title 5, United States Code, are classified as crimi-
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1 nal investigators and are receiving premium pay and other 

2 benefits associated with such classification. 

3 (b) EMPLOYEE RECLASSIFICATION.—The Assistant 

4 Secretary shall reclassify criminal investigator positions in 

5 the Office of Inspection as noncriminal investigator posi6 tions or non-law enforcement positions if the individuals 

7 in those positions do not, or are not expected to, spend an 

8 average of at least 50 percent of their time performing 

9 criminal investigative duties. 

10 (c) PROJECTED COST SAVINGS.— 

11 (1) IN GENERAL.—The Assistant Secretary shall 

12 estimate the total long-term cost savings to the Fed13 eral Government resulting from the implementation of 

14 subsection (b), and provide such estimate to the Com15 mittee on Homeland Security of the House of Rep16 resentatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate by not 

18 later than 180 days after the date of enactment of this 

19 Act. 

20 (2) CONTENTS.—Such estimate shall identify 

21 savings associated with the positions reclassified 

22 under subsection (b) and include, among other factors 

23 the Assistant Secretary considers appropriate, savings 

24 from— 

25 (A) law enforcement training; 
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1 (B) early retirement benefits; 

2 (C) law enforcement availability and other 

3 premium pay; and 

4 (D) weapons, vehicles, and communications 

5 devices. 

6 SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERV7 ICE MISCONDUCT. 

8 Not later than 90 days after the date of the enactment 

9 of this Act, or as soon as practicable, the Assistant Sec10 retary shall submit to the Committee on Homeland Security 

11 of the House of Representatives and the Committee on Com12 merce, Science, and Transportation and the Committee on 

13 the Judiciary of the Senate— 

14 (1) materials in the possession or control of the 

15 Department of Homeland Security associated with 

16 the Office of Inspection’s review of instances in which 

17 Federal Air Marshal Service officials obtained dis18 counted or free firearms for personal use; 

19 (2) information on specific actions that will be 

20 taken to prevent Federal Air Marshal Service officials 

21 from using their official positions, or exploiting, in 

22 any way, the Service’s relationships with private ven23 dors to obtain discounted or free firearms for personal 

24 use; and 
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1 (3) information on specific actions that will be 

2 taken to prevent the Federal Air Marshal Service 

3 from misusing Government resources. 

4 SEC. 7. STUDY. 

5 Not later than 180 days after the date that the Assist6 ant Secretary submits the certification to Congress under 

7 section 5(a), the Inspector General of the Department of 

8 Homeland Security shall submit to the Committee on 

9 Homeland Security of the House of Representatives and the 

10 Committee on Commerce, Science, and Transportation and 

11 the Committee on Homeland Security and Governmental 

12 Affairs of the Senate a study— 

13 (1) reviewing the employee requirements, respon14 sibilities, and benefits of criminal investigators in the 

15 TSA Office of Inspection with criminal investigators 

16 employed at agencies adhering to the Office of Per17 sonnel Management employee classification system; 

18 and 

19 (2) identifying any inconsistencies and costs im20 plications for differences between the varying em21 ployee requirements, responsibilities, and benefits. 

22 SEC. 8. INDEPENDENT AUDIT OF FEDERAL AIR MARSHAL 

23 SERVICE PERSONNEL ISSUES. 

24 Not later than 180 days after the date of the enactment 

25 of this Act, the Inspector General shall submit to the Com-
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1 mittee on Homeland Security of the House of Representa2 tives and the Committee on Commerce, Science, and Trans3 portation and the Committee on Homeland Security and 

4 Governmental Affairs of the Senate a study that— 

5 (1) reviews the Federal Air Marshal Service’s ex6 isting personnel policies and procedures for identi7 fying misuse of Government resources; and 

8 (2) reviews the administration of the Federal Air 

9 Marshal Service’s existing code of conduct or integrity 

10 policies with respect to instances of misconduct. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION H.R. 719 

HOUSE AMENDMENT TO 

SENATE AMENDMENT