H.R. 1351 — what changed

“(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—

changed “(A) designate a senior official to implement a plan to oversee unannounced inspections of the types at airports of agency actions taken in response to address TSA employee misconduct allegations, misconduct, including actions taken by managers at airports to address any such allegations misconduct through corrective actions, up to and including dismissal if warranted, removal from Federal service, in accordance with Department of Homeland Security and TSA policies;

changed “(B) on a quarterly biannual basis thereafter until September 30, 2022, 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 inspected before such date;are—

changed “(C) designate a senior official to review the results of “(i) inspected before 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; date; and

changed “(D) ensure that the official specified in subparagraph (A) implements the recommendations made by the official specified in subparagraph (C).“(ii) provided adequate information regarding agency actions taken to address TSA employee misconduct;

changed “(2) Department “(C) designate a senior official other than the senior official designated pursuant to subparagraph (A) to review the results of Homeland Security reviewsuch 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

changed “(A) In general—On a quarterly basis, “(D) direct the official specified described in paragraph (1)(A) shall provide subparagraph (C) to the Chief Human Capital Officer of the Department of Homeland Security implement the results of unannounced inspections conducted pursuant to corrective actions and recommendations specified in such paragraph.subparagraph.

changed “(B) Identification—The Chief Human Capital Officer of the Department of Homeland Security shall review the results of the unannounced “(2) Consolidation and coordination—Unannounced inspections conducted pursuant to under paragraph (1)(A) to identify trends and, (1) of certain locations may be consolidated and coordinated with other relevant TSA offices, as appropriate, make recommendations, including timeframes for implementation, to determined appropriate by the Administrator of the TSA to address employee misconduct.TSA.

changed “(C) Implementation—The “(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 implement recommendations made by provide to the Chief Human Capital Officer Committee on Homeland Security and the Committee on Appropriations of the Department House of Representatives and the Committee on Homeland Security within and Governmental Affairs,. the timeframes established by Committee on Commerce, Science, and Transportation, and the Chief Human Capital Officer.Committee on Appropriations of the Senate written justification regarding such circumstances prior to granting such extension.

changed “(3) Information to Congress—The Administrator “(4) Department of the TSA shall make misconduct information identified under this subsection readily available to—Homeland Security review

added “(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.

added “(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.

added “(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.

added “(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.

added “(6) Definitions—In this subsection:

added “(A) Actions—The term “actions” means consequences for employee misconduct, up to and including removal from Federal Service, established by TSA policy.

added “(B) Unannounced inspections—The term “unannounced inspections” means a review of information without providing advanced notice to the party under review.”

removed “(4) Definitions—In this subsection:

removed “(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.

removed “(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.

removed “(C) Unannounced inspections—The term “unannounced inspections” means a review of information without providing notice to the party under review.”