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Union Calendar No. 385 

113TH CONGRESS 

2D SESSION H. R. 4803 

[Report No. 113–513] 

To require the Transportation Security Administration to conform to existing 

Federal law and regulations regarding criminal investigator positions, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2014 

Mr. SANFORD (for himself and Mr. HUDSON) (all by request): introduced the 

following bill; which was referred to the Committee on Homeland Security 

JULY 3, 2014 

Additional sponsor: Mr. MCCAUL

JULY 3, 2014 

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 June 5, 2014] 


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A BILL 

To require the Transportation Security Administration to 

conform to existing Federal law and regulations regarding criminal investigator positions, 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 ‘‘TSA Office of Inspection 

5 Accountability Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Consistent with Federal law and regulations, 

9 for law enforcement officers to qualify for premium 

10 pay as criminal investigators, the officers must, in 

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

12 time investigating, apprehending, or detaining indi13 viduals suspected or convicted of offenses against the 

14 criminal laws of the United States. 

15 (2) According to the Inspector General of the De16 partment of Homeland Security (DHS IG), the 

17 Transportation Security Administration (TSA) does 

18 not ensure that its cadre of criminal investigators in 

19 the Office of Inspection are meeting this requirement, 

20 even though they are considered law enforcement offi21 cers under TSA policy and receive premium pay. 

22 (3) Instead, TSA criminal investigators in the 

23 Office of Inspection primarily monitor the results of 

24 criminal investigations conducted by other agencies, 

25 investigate administrative cases of TSA employee 


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1 misconduct, and carry out inspections, covert tests, 

2 and internal reviews, which the DHS IG asserts could 

3 be performed by employees other than criminal inves4 tigators at a lower cost. 

5 (4) The premium pay and other benefits afforded 

6 to TSA criminal investigators in the Office of Inspec7 tion who are incorrectly classified as such will cost 

8 the taxpayer as much as $17,000,000 over 5 years if 

9 TSA fails to make any changes to the number of 

10 criminal investigators in the Office of Inspection, ac11 cording to the DHS IG. 

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

13 accounts for the cost of Law Enforcement Availability 

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

15 statutory early retirement benefits, police vehicles, 

16 and weapons. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATION.—The term ‘‘Administra20 tion’’ means the Transportation Security Administra21 tion. 

22 (2) ASSISTANT SECRETARY.—The term ‘‘Assist23 ant Secretary’’ means the Assistant Secretary of 

24 Homeland Security (Transportation Security) of the 

25 Department of Homeland Security. 


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

2 General’’ means the Inspector General of the Depart3 ment of Homeland Security 

4 SEC. 4. INSPECTOR GENERAL REVIEW. 

5 (a) REVIEW.—Not later than 60 days after the date 

6 of the enactment of this Act, the Inspector General shall 

7 analyze the data and methods that the Assistant Secretary 

8 uses to identify employees of the Administration who meet 

9 the requirements of sections 8331(20), 8401(17) and 5545a 

10 of title 5, United States Code, and provide the relevant find11 ings to the Assistant Secretary, including a finding on 

12 whether the data and methods are adequate and valid. 

13 (b) PROHIBITION ON HIRING.—If the Inspector Gen14 eral finds that such data and methods are inadequate or 

15 invalid, the Administration may not hire any new em16 ployee to work in the Office of Inspection of the Administra17 tion until— 

18 (1) the Assistant Secretary makes a certification 

19 described in section 5 to the Committee on Homeland 

20 Security of the House of Representatives and the 

21 Committee on Commerce, Science, and Transpor22 tation of the Senate; and 

23 (2) the Inspector General submits to such Com24 mittees a finding, not later than 30 days after the As25 sistant Secretary makes such certification, that the 


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1 Assistant Secretary utilized adequate and valid data 

2 and methods to make such certification. 

3 SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFI4 CATION. 

5 (a) CERTIFICATION TO CONGRESS.—The Assistant 

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

7 the Inspector General provides its findings to the Assistant 

8 Secretary under section 4(a), document and certify in writ9 ing to the Committee on Homeland Security of the House 

10 of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate that only those 

12 employees of the Administration who meet the requirements 

13 of sections 8331(20), 8401(17), and 5545a of title 5, United 

14 States Code, are classified as criminal investigators and are 

15 receiving premium pay and other benefits associated with 

16 such classification. 

17 (b) EMPLOYEE RECLASSIFICATION.—The Assistant 

18 Secretary shall reclassify criminal investigator positions in 

19 the Office of Inspection as noncriminal investigator posi20 tions or non-law enforcement positions if the individuals 

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

22 average of at least 50 percent of their time performing 

23 criminal investigative duties. 

24 (c) PROJECTED COST SAVINGS.— 


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

2 estimate the total long-term cost savings to the Fed3 eral Government resulting from the implementation of 

4 subsection (b), and provide such estimate to the Com5 mittee on Homeland Security of the House of Rep6 resentatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate by not 

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

9 Act. 

10 (2) CONTENTS.—Such estimate shall identify 

11 savings associated with the positions reclassified 

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

13 the Assistant Secretary considers appropriate, savings 

14 from— 

15 (A) law enforcement training; 

16 (B) early retirement benefits; 

17 (C) law enforcement availability pay; and 

18 (D) weapons, vehicles, and communications 

19 devices. 

20 SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERV21 ICE USE OF FEDERAL FIREARMS LICENSE. 

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

23 of this Act, or as soon as practicable, the Assistant Sec24 retary shall submit to the Committee on Homeland Security 


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1 of the House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate— 

3 (1) any materials in the possession or control of 

4 the Department of Homeland Security associated 

5 with the Office of Inspection’s review of the use of a 

6 Federal firearms license by Federal Air Marshal Serv7 ice officials to obtain discounted or free firearms for 

8 personal use; and 

9 (2) information on specific actions that will be 

10 taken to prevent Federal Air Marshal Service officials 

11 from using a Federal firearms license, or exploiting, 

12 in any way, the Service’s relationships with private 

13 vendors to obtain discounted or free firearms for per14 sonal use. 


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Union Calendar No. 385 

113TH CONGRESS 

2D SESSION H. R. 4803 

[Report No. 113–513] 

A BILL 

To require the Transportation Security Administraand for other purposes. lations regarding criminal investigator positions, tion to conform to existing Federal law and reguJULY 3, 2014 

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


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