I 
115TH CONGRESS 
1ST SESSION H. R. 1351 
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’s employee misconduct, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2017 
Mr. PERRY (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’s 
employee misconduct, 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 ‘‘Strengthening Over-
sight of TSA Employee Misconduct Act’’. 
SEC. 2. TSA MISCONDUCT INSPECTION PLAN. 
(a) IN GENERAL.—Section 44935 of title 49, United 
States Code, is amended— 
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(1) by redesignating the second subsection (i) 
(relating to accessibility of computer-based training 
facilities) as subsection (k); and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) TSA MISCONDUCT INSPECTIONS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of the enactment of this subsection, 
the Administrator of the Transportation Security 
Administration (TSA) shall— 
‘‘(A) designate a senior official to imple-
ment a plan to oversee unannounced inspections 
of the types of actions taken in response to em-
ployee misconduct allegations, including actions 
taken by managers at airports to address any 
such allegations through corrective actions, in-
cluding dismissal if warranted, in accordance 
with Department of Homeland Security and 
TSA policies; 
‘‘(B) on a quarterly basis thereafter until 
September 30, 2022, the official specified in 
subparagraph (A) shall certify to the Adminis-
trator that the unannounced inspections re-
ferred to in such paragraph were completed 
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across a sufficient number of airports such that 
all airports are inspected before such date; 
‘‘(C) designate a senior official to review 
the results of such unannounced inspections to 
identify root causes of any variances in the way 
actions taken in response to employee mis-
conduct allegations and develop corrective ac-
tions (including dismissal if warranted), as ap-
propriate; and 
‘‘(D) ensure that the official specified in 
subparagraph (A) implements the recommenda-
tions made by the official specified in subpara-
graph (C). 
‘‘(2) DEPARTMENT
OF
HOMELAND
SECURITY 
REVIEW.— 
‘‘(A) IN GENERAL.—On a quarterly basis, 
the official specified in paragraph (1)(A) shall 
provide to the Chief Human Capital Officer of 
the Department of Homeland Security the re-
sults of unannounced inspections conducted 
pursuant to such paragraph. 
‘‘(B) IDENTIFICATION.—The Chief Human 
Capital Officer of the Department of Homeland 
Security shall review the results of the unan-
nounced inspections conducted pursuant to 
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paragraph (1)(A) to identify trends and, as ap-
propriate, make recommendations, including 
timeframes for implementation, to the Adminis-
trator of the TSA to address employee mis-
conduct. 
‘‘(C) IMPLEMENTATION.—The Adminis-
trator of the TSA shall implement recommenda-
tions made by the Chief Human Capital Officer 
of the Department of Homeland Security within 
the timeframes established by the Chief Human 
Capital Officer. 
‘‘(3) INFORMATION
TO
CONGRESS.—The Ad-
ministrator of the TSA shall make misconduct infor-
mation identified under this subsection readily avail-
able to— 
‘‘(A) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Commerce, Science, and Transportation, and 
the Committee on Appropriations of the Senate; 
and 
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‘‘(C) as appropriate, personnel of the De-
partment of Homeland Security, as determined 
by the Administrator. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ACTIONS.—The term ‘actions’ means 
consequences for employee misconduct estab-
lished by the Transportation Security Adminis-
tration’s misconduct policy and related docu-
ments under this subsection. 
‘‘(B) 
MISCONDUCT.—The 
term 
‘mis-
conduct’ means the failure of a Transportation 
Security Administration employee to comply 
with a performance plan, rule, regulation, or 
law within the scope of such employee’s duties, 
responsibilities, or functions. 
‘‘(C) UNANNOUNCED
INSPECTIONS.—The 
term ‘unannounced inspections’ means a review 
of information without providing notice to the 
party under review.’’. 
(b) NO ADDITIONAL FUNDS AUTHORIZED.—No ad-
ditional funds are authorized to carry out the require-
ments of this Act and the amendments made by this Act. 
Such requirements shall be carried out using amounts oth-
erwise authorized. 
Æ 
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