The House passed a similar bill last year, although the Senate did not follow suit.
The proposal arose following a 2013 inspector general report finding that some of those receiving so-called “LEAP” pay at TSA do not actively conduct criminal investigations themselves, but rather monitor the results of investigations by other agencies, look into alleged employee misconduct, carry out inspections and perform similar duties.
The pay is a 25 percent pay add-on for criminal investigators on grounds that they are required to work, or be available to work, substantial amounts of unscheduled duty. It is the counterpart to “administratively uncontrollable overtime” for front-line law officers. A law was passed in late 2014 to limit use of that type of pay at Customs and Border Protection, which has most of the covered officers, due to similar reports questioning eligibility of some receiving it. Those changes aren’t yet in effect, though, pending issuance of implementing rules.
A Congressional Budget Office estimate of the availability pay bill passed by the House last year said its enactment would have only a minimal impact on the TSA budget and said that the agency already is reviewing how it designates law enforcement-related positions. At the time of the inspector general report, about 120 TSA employees were receiving that pay and the report did not estimate how many do not meet the standard.