Strengthening Oversight of TSA Employee Misconduct Act

Bill: 115-hr-1351
Sponsor: full_name: Rep. Perry, Scott [R-PA-4]
Introduced: 2017-03-02
Policy area: Transportation and Public Works
Subjects: Aviation and airports

Congressional oversight

Department of Homeland Security

Employee performance

Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Government studies and investigations

Transportation safety and security
Latest action: action_date: 2017-07-17
text: Placed on the Union Calendar, Calendar No. 161.

Summaries:
action_date: 2017-03-02
action_desc: Introduced in House
text: <p><b>Strengthening Oversight of TSA Employee Misconduct Act</b></p> <p>This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to designate a senior official: </p> <ul> <li> implement a plan to oversee unannounced inspections of actions taken in response to allegations of TSA employee misconduct, including corrective actions by airport managers and employee dismissal;</li> <li>certify to the TSA, on a quarterly basis until September 30, 2022, that such unannounced inspections were completed across a sufficient number of airports;</li> <li>review the results of such inspections to identify root causes of any variances in actions taken in response to employee misconduct allegations and to develop corrective actions; </li> <li>implement any recommendations; and</li> <li>provide the results of such inspections to DHS.</li> </ul> <p>DHS shall review such results to identify trends and make recommendations to the TSA to address employee misconduct. The TSA shall implement such recommendations.</p>

action_date: 2017-07-17
action_desc: Reported to House with amendment(s)
text: <p><b>Strengthening Oversight of TSA Employee Misconduct Act</b></p> <p>(Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to designate a senior official: </p> <ul> <li> implement a plan to oversee unannounced inspections at airports of agency actions taken to address TSA employee misconduct, including corrective actions by airport managers and employee removal from federal service;</li> <li>certify to the TSA, on a biannual basis until September 30, 2023, that such unannounced inspections were completed across a sufficient number of airports;</li> <li>review the results of such inspections to identify causes of any variances and overall trends in actions taken in response to employee misconduct and to develop corrective actions and recommendations; </li> <li>implement the corrective actions and any recommendations; and</li> <li>provide the results of such inspections to DHS.</li> </ul> <p>Unannounced inspections of certain locations may be consolidated and coordinated with other TSA offices. TSA may extend the time for completing such inspections for up to an additional fiscal year if exigent circumstances warrant.</p> <p>DHS may review such results to identify trends and make recommendations to the TSA to address employee misconduct. The TSA shall implement such recommendations.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1351 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 Administrator of the Transportation Security Administration (TSA) to make certain improvements in managing TSA’s employee misconduct, and for other purposes.

1. Short title This Act may be cited as the Strengthening Oversight of TSA Employee Misconduct Act . 2. TSA Misconduct Inspection Plan (a) In general Section 44935 of title 49, United States Code, is amended— (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 subsection: (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 implement a plan to oversee unannounced inspections of the types of actions taken in response to employee misconduct allegations, including actions taken by managers at airports to address any such allegations through corrective actions, including 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 Administrator that the unannounced inspections referred to in such paragraph were completed 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 misconduct allegations and develop corrective actions (including dismissal if warranted), as appropriate; and (D) ensure that the official specified in subparagraph (A) implements the recommendations made by the official specified in subparagraph (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 results 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 unannounced inspections conducted pursuant to paragraph (1)(A) to identify trends and, as appropriate, make recommendations, including timeframes for implementation, to the Administrator of the TSA to address employee misconduct. (C) Implementation The Administrator of the TSA shall implement recommendations 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 Administrator of the TSA shall make misconduct information identified under this subsection readily available 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 (C) as appropriate, personnel of the Department of Homeland Security, as determined by the Administrator. (4) Definitions In this subsection: (A) Actions The term actions means consequences for employee misconduct established by the Transportation Security Administration’s misconduct policy and related documents under this subsection. (B) Misconduct The term misconduct 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 additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

tv_txt: IB Union Calendar No. 161 115th CONGRESS 1st Session H. R. 1351 [Report No. 115–226] 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 July 17, 2017 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 March 2, 2017 A BILL To amend title 49, United States Code, to direct the Administrator of the Transportation Security Administration (TSA) to make certain improvements in managing TSA’s employee misconduct, and for other purposes.

1. Short title This Act may be cited as the Strengthening Oversight of TSA Employee Misconduct Act . 2. TSA Misconduct Inspection Plan (a) In general Section 44935 of title 49, United States Code, is amended— (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 subsection: (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 implement a plan to oversee unannounced inspections at airports of agency actions taken to address TSA employee misconduct, including actions taken by managers at airports to address any such misconduct through corrective actions, up to and including removal from Federal service, in accordance with Department of Homeland Security and TSA policies; (B) on a biannual basis thereafter until September 30, 2023, the official specified in subparagraph (A) shall certify to the Administrator that the unannounced inspections referred to in such paragraph were completed across a sufficient number of airports such that all airports are— (i) inspected before such date; and (ii) provided adequate information regarding agency actions taken to address TSA employee misconduct; (C) designate a senior official other than the senior official designated pursuant to subparagraph (A) to review the results of such unannounced inspections to identify causes of any variances and overall trends in the way actions are taken in response to TSA employee misconduct and develop corrective actions and recommendations, up to and including removal from Federal service, as appropriate; and (D) direct the official described in subparagraph (C) to implement the corrective actions and recommendations specified in such subparagraph. (2) Consolidation and coordination Unannounced inspections under paragraph (1) of certain locations may be consolidated and coordinated with other relevant TSA offices, as determined appropriate by the Administrator of the TSA. (3) Extension The Administrator of the TSA may extend the final date specified in paragraph (1)(B) for completing the unannounced inspections under paragraph (1) for not more than one additional fiscal year if exigent circumstances warrant. If the Administrator determines that such an extension is necessary, the Administrator shall provide to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs,. the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate written justification regarding such circumstances prior to granting such extension. (4) Department of Homeland Security review (A) In general On a biannual basis, the official specified in paragraph (1)(C) shall provide to the Chief Human Capital Officer of the Department of Homeland Security the results of unannounced inspections conducted pursuant to such paragraph. (B) Identification The Chief Human Capital Officer of the Department of Homeland Security may review the results of the unannounced inspections conducted pursuant to paragraph (1)(A) to, as appropriate, identify trends and make recommendations, to the Administrator of the TSA to address employee misconduct. (C) Implementation The Administrator of the TSA shall coordinate with the Chief Human Capital Officer of the Department of Homeland Security to implement any recommendations made pursuant to subparagraph (B) within the timeframes established by the Chief Human Capital Officer. (5) Information to Congress The Administrator of the TSA shall make the results of the unannounced inspections, including any recommended corrective actions for addressing variances, identified under this subsection readily available 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 (C) as appropriate, personnel of the Department of Homeland Security, as determined by the Administrator. (6) Definitions In this subsection: (A) Actions The term actions means consequences for employee misconduct, up to and including removal from Federal Service, established by TSA policy. (B) Unannounced inspections The term unannounced inspections means a review of information without providing advanced notice to the party under review. . (b) No additional funds authorized No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

July 17, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed