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 exist-
ing Federal law and regulations regarding criminal investi-
gator 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: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘TSA Office of Inspection 
Accountability Act of 2015’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Consistent with Federal law and regulations, 
for law enforcement officers to qualify for premium 
pay as criminal investigators, the officers must, in 
general, spend on average at least 50 percent of their 
time investigating, apprehending, or detaining indi-
viduals suspected or convicted of offenses against the 
criminal laws of the United States. 
(2) According to the Inspector General of the De-
partment of Homeland Security (DHS IG), the
Transportation Security Administration (TSA) does 
not ensure that its cadre of criminal investigators in 
the Office of Inspection are meeting this requirement, 
even though they are considered law enforcement offi-
cers under TSA policy and receive premium pay. 
(3) Instead, TSA criminal investigators in the 
Office of Inspection 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, which the DHS IG asserts could 
be performed by employees other than criminal inves-
tigators at a lower cost. 
(4) The premium pay and other benefits afforded 
to TSA criminal investigators in the Office of Inspec-
tion who are incorrectly classified as such will cost 
the taxpayer as much as $17 million over 5 years if 
TSA fails to make any changes to the number of 
criminal investigators in the Office of Inspection, ac-
cording to the DHS IG. 
(5) This may be a conservative estimate, as it 
accounts for the cost of Law Enforcement Availability 
Pay, but not the costs of law enforcement training, 
statutory early retirement benefits, police vehicles, 
and weapons.
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Transportation Security Administra-
tion. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Homeland Security (Transportation Security) of the 
Department of Homeland Security. 
(3) INSPECTOR GENERAL.—The term ‘‘Inspector 
General’’ means the Inspector General of the Depart-
ment of Homeland Security. 
SEC. 4. INSPECTOR GENERAL AUDIT. 
(a) AUDIT.—Not later than 60 days after the date of 
the enactment of this Act, the Inspector General shall ana-
lyze the data and methods that the Assistant Secretary uses 
to identify Office of Inspection employees of the Administra-
tion who meet the requirements of sections 8331(20), 
8401(17), and 5545a of title 5, United States Code, and 
provide the relevant findings to the Assistant Secretary, in-
cluding a finding on whether the data and methods are ade-
quate and valid. 
(b) PROHIBITION ON HIRING.—If the Inspector Gen-
eral finds that such data and methods are inadequate or 
invalid, the Administration shall not hire any new em-
ployee to work in the Office of Inspection of the Administra-
tion until— 
(1) the Assistant Secretary makes a certification 
described in section 5 to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Inspector General submits to such Com-
mittees a finding, not later than 30 days after the As-
sistant Secretary makes such certification, that the 
Assistant Secretary utilized adequate and valid data 
and methods to make such certification. 
SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFI-
CATION. 
(a) CERTIFICATION
TO CONGRESS.—The Assistant 
Secretary shall, by not later than 90 days after the date 
the Inspector General provides its findings to the Assistant 
Secretary under section 4(a), document and certify in writ-
ing 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 
Office of Inspection employees of the Administration who 
meet the requirements of sections 8331(20), 8401(17), and 
5545a of title 5, United States Code, are classified as crimi-
nal investigators and are receiving premium pay and other 
benefits associated with such classification. 
(b) EMPLOYEE
RECLASSIFICATION.—The Assistant 
Secretary shall reclassify criminal investigator positions in 
the Office of Inspection as noncriminal investigator posi-
tions 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. 
(c) PROJECTED COST SAVINGS.— 
(1) IN GENERAL.—The Assistant Secretary shall 
estimate the total long-term cost savings to the Fed-
eral Government resulting from the implementation of 
subsection (b), and provide such estimate to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate by not 
later than 180 days after the date of enactment of this 
Act. 
(2) CONTENTS.—Such estimate shall identify 
savings associated with the positions reclassified 
under subsection (b) and include, among other factors 
the Assistant Secretary considers appropriate, savings 
from— 
(A) law enforcement training;
(B) early retirement benefits; 
(C) law enforcement availability and other 
premium pay; and 
(D) weapons, vehicles, and communications 
devices. 
SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERV-
ICE MISCONDUCT. 
Not later than 90 days after the date of the enactment 
of this Act, or as soon as practicable, the Assistant Sec-
retary shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation and the Committee on 
the Judiciary of the Senate— 
(1) materials in the possession or control of the 
Department of Homeland Security associated with 
the Office of Inspection’s review of instances in which 
Federal Air Marshal Service officials obtained dis-
counted or free firearms for personal use; 
(2) information on specific actions that will be 
taken to prevent Federal Air Marshal Service officials 
from using their official positions, or exploiting, in 
any way, the Service’s relationships with private ven-
dors to obtain discounted or free firearms for personal 
use; and
(3) information on specific actions that will be 
taken to prevent the Federal Air Marshal Service 
from misusing Government resources. 
SEC. 7. STUDY. 
Not later than 180 days after the date that the Assist-
ant Secretary submits the certification to Congress under 
section 5(a), the Inspector General of the Department of 
Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a study— 
(1) reviewing the employee requirements, respon-
sibilities, and benefits of criminal investigators in the 
TSA Office of Inspection with criminal investigators 
employed at agencies adhering to the Office of Per-
sonnel Management employee classification system; 
and 
(2) identifying any inconsistencies and costs im-
plications for differences between the varying em-
ployee requirements, responsibilities, and benefits. 
SEC. 8. INDEPENDENT AUDIT OF FEDERAL AIR MARSHAL 
SERVICE PERSONNEL ISSUES. 
Not later than 180 days after the date of the enactment 
of this Act, the Inspector General shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation and the Committee on Homeland Security and 
Governmental Affairs of the Senate a study that— 
(1) reviews the Federal Air Marshal Service’s ex-
isting personnel policies and procedures for identi-
fying misuse of Government resources; and 
(2) reviews the administration of the Federal Air 
Marshal Service’s existing code of conduct or integrity 
policies with respect to instances of misconduct. 
Attest: 
Clerk.
114TH CONGRESS 
1ST SESSION 
H.R. 719 
HOUSE AMENDMENT TO 
SENATE AMENDMENT