H. Res. 434 
In the House of Representatives, U. S., 
Resolved, That upon the adoption of this resolution the 
bill, H.R. 719, entitled ‘‘TSA Office of Inspection Account-
ability Act of 2015’’, with the Senate amendment thereto, 
shall be considered to have been taken from the Speaker’s 
table to the end that the Senate amendment thereto be, and 
the same is hereby, agreed to with the following 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 inves-
tigating, apprehending, or detaining individuals sus-
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pected 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 Trans-
portation Security Administration (TSA) does not en-
sure that its cadre of criminal investigators in the Office 
of Inspection are meeting this requirement, even though 
they are considered law enforcement officers under TSA 
policy and receive premium pay. 
(3) Instead, TSA criminal investigators in the Of-
fice of Inspection primarily monitor the results of crimi-
nal investigations conducted by other agencies, inves-
tigate administrative cases of TSA employee misconduct, 
and carry out inspections, covert tests, and internal re-
views, which the DHS IG asserts could be performed by 
employees other than criminal investigators at a lower 
cost. 
(4) The premium pay and other benefits afforded to 
TSA criminal investigators in the Office of Inspection 
who are incorrectly classified as such will cost the tax-
payer as much as $17 million over 5 years if TSA fails 
to make any changes to the number of criminal inves-
tigators in the Office of Inspection, according to the 
DHS IG.
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(5) This may be a conservative estimate, as it ac-
counts 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 ‘‘Administration’’ 
means the Transportation Security Administration. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assistant 
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 analyze the 
data and methods that the Assistant Secretary uses to iden-
tify 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, and provide the rel-
evant findings to the Assistant Secretary, including a finding 
on whether the data and methods are adequate and valid.
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(b) PROHIBITION ON HIRING.—If the Inspector General 
finds that such data and methods are inadequate or invalid, 
the Administration shall not hire any new employee to work 
in the Office of Inspection of the Administration until— 
(1) the Assistant Secretary makes a certification de-
scribed in section 5 to the Committee on Homeland Se-
curity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate; and 
(2) the Inspector General submits to such Commit-
tees a finding, not later than 30 days after the Assistant 
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 Sec-
retary shall, by not later than 90 days after the date the In-
spector General provides its findings to the Assistant Sec-
retary under section 4(a), document and certify in writing to 
the Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate that only those Office of Inspec-
tion employees of the Administration who meet the require-
ments of sections 8331(20), 8401(17), and 5545a of title 5,
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United States Code, are classified as criminal investigators 
and are receiving premium pay and other benefits associated 
with such classification. 
(b) EMPLOYEE RECLASSIFICATION.—The Assistant Sec-
retary shall reclassify criminal investigator positions in the 
Office of Inspection as noncriminal investigator positions or 
non-law enforcement positions if the individuals in those posi-
tions do not, or are not expected to, spend an average of at 
least 50 percent of their time performing criminal investiga-
tive duties. 
(c) PROJECTED COST SAVINGS.— 
(1) IN GENERAL.—The Assistant Secretary shall es-
timate the total long-term cost savings to the Federal 
Government resulting from the implementation of sub-
section (b), and provide such estimate to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate by not later than 180 days after 
the date of enactment of this Act. 
(2) CONTENTS.—Such estimate shall identify sav-
ings associated with the positions reclassified under sub-
section (b) and include, among other factors the Assist-
ant Secretary considers appropriate, savings from— 
(A) law enforcement training; 
(B) early retirement benefits;
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(C) law enforcement availability and other pre-
mium pay; and 
(D) weapons, vehicles, and communications de-
vices. 
SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE 
MISCONDUCT. 
Not later than 90 days after the date of the enactment 
of this Act, or as soon as practicable, the Assistant Secretary 
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 the Judi-
ciary of the Senate— 
(1) materials in the possession or control of the De-
partment of Homeland Security associated with the Of-
fice of Inspection’s review of instances in which Federal 
Air Marshal Service officials obtained discounted 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 vendors 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.
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SEC. 7. STUDY. 
Not later than 180 days after the date that the Assist-
ant Secretary submits the certification to Congress under sec-
tion 5(a), the Inspector General of the Department of Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Com-
mittee 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 em-
ployed at agencies adhering to the Office of Personnel 
Management employee classification system; and 
(2) identifying any inconsistencies and costs impli-
cations for differences between the varying employee re-
quirements, responsibilities, and benefits. 
SEC. 8. INDEPENDENT AUDIT OF FEDERAL AIR MARSHAL SERV-
ICE 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 Representatives 
and the Committee on Commerce, Science, and Transpor-
tation and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a study that—
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(1) reviews the Federal Air Marshal Service’s exist-
ing personnel policies and procedures for identifying mis-
use 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.