I 
115TH CONGRESS 
1ST SESSION H. R. 2165 
To amend title 49, United States Code, to direct the Administrator of the 
Transportation Security Administration (TSA) to make certain improve-
ments in managing TSA employee conduct, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2017 
Mr. GALLAGHER (for himself and Mr. MCCAUL) introduced the following bill; 
which was referred to the Committee on Homeland Security 
A BILL 
To amend title 49, United States Code, to direct the Admin-
istrator of the Transportation Security Administration 
(TSA) to make certain improvements in managing TSA 
employee conduct, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘TSA Misconduct Ac-
countability Act of 2017’’. 
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SEC. 2. TSA REQUIREMENTS FOR ADDRESSING EMPLOYEE 
MISCONDUCT. 
(a) IN GENERAL.—Subchapter II of chapter 449 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 44947. Requirements for addressing employee mis-
conduct 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this section, the Administrator 
of the Transportation Security Administration (TSA) 
shall— 
‘‘(1) revise TSA’s employee code of conduct pol-
icy to include— 
‘‘(A) a process for disciplining an employee 
who, as determined by the Administrator, has 
received within a certain timeframe a certain 
number of disciplinary or adverse actions in re-
sponse to violations of such policy; and 
‘‘(B) guidance on how employees should 
report misconduct; 
‘‘(2) identify methods for addressing employee 
misconduct, including revising agency-wide, baseline 
‘table of offenses and penalties’ used for both non- 
disciplinary and disciplinary actions regarding mis-
conduct, including all acceptable non-disciplinary, 
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disciplinary, and adverse actions that may be admin-
istered for misconduct; 
‘‘(3) submit to the Chief Human Capital Officer 
of the Department of Homeland Security such code 
of conduct policy and such table of offenses and pen-
alties for review by such Officer in consideration of 
Department policies and regulations, in accordance 
with subsection (e); and 
‘‘(4) identify a senior TSA official responsible 
for overseeing TSA’s employee code of conduct pol-
icy and table of offenses and penalties. 
‘‘(b) IMPLEMENTATION.—Not later than 120 days 
after carrying out subsection (a), the Administrator of the 
TSA shall instruct TSA managers how to appropriately 
administer discipline related to employee misconduct. 
‘‘(c) IDENTIFICATION.—Not later than 120 days 
after carrying out subsection (a), the Administrator of the 
TSA shall identify and address causes of employee mis-
conduct by— 
‘‘(1) monitoring misconduct trends through a 
quarterly review and analysis of misconduct data; 
and 
‘‘(2) establishing specific outcome measures to 
assess performance. 
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‘‘(d) INITIATIVES.—Not later than 120 days after 
carrying out subsection (a), the Administrator of the TSA 
shall, in consultation with the Chief Human Capital Offi-
cer of the Department of Homeland Security, implement 
human capital initiatives to address TSA employee mis-
conduct by— 
‘‘(1) modifying the annual or periodic perform-
ance plans of Federal Security Directors to include 
the extent to which such Directors ensure that dis-
ciplinary actions administered at the airport for 
which they are responsible are consistent with TSA 
policy; 
‘‘(2) notifying applicants of disqualifying of-
fenses in employment announcements for job de-
scriptions or during the application process to en-
sure that appropriately qualified candidates apply 
and are hired for such positions; and 
‘‘(3) developing and delivering training and on- 
the-job resources for supervisors to address mis-
conduct issues in accordance with TSA policy. 
‘‘(e) CHIEF HUMAN CAPITAL OFFICER.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after receipt of the TSA employee code of conduct 
policy and the table of offenses and penalties under 
subsection (a), the Chief Human Capital Officer of 
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the Department of Homeland Security shall review 
such policy and such table to ensure that such policy 
and such table align, as appropriate, with the poli-
cies and tables developed by the Chief Human Cap-
ital Officer for the Department. 
‘‘(2) MONITORING.—The Chief Human Capital 
Officer of the Department of Homeland Security 
shall, as part of existing working groups established 
by such Officer, monitor through fiscal year 2020 
the implementation under subsection (b) of the TSA 
employee code of conduct. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ACTIONS.—The term ‘actions’ means con-
sequences for employee misconduct, up to and in-
cluding removal from Federal service, established by 
TSA policy. 
‘‘(2) MISCONDUCT.—The term ‘misconduct’ 
means the failure of a TSA employee to comply with 
a performance plan, rule, regulation, or law within 
the scope of such employee’s duties, responsibilities, 
or functions.’’. 
(b) PROHIBITION ON NEW FUNDING.—No funds are 
authorized to carry out this section and the amendment 
made by this section. This section and such amendment 
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shall be carried out using amounts otherwise made avail-
able. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 449 of title 49, United States Code, is amended by 
inserting after the item relating to section 44946 the fol-
lowing new item: 
‘‘44947. Requirements for addressing employee misconduct.’’. 
Æ 
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