[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1881 Reported in House (RH)]
Union Calendar No. 154
111th CONGRESS
1st Session
H. R. 1881
[Report No. 111-273, Parts I and II]
To enhance the transportation security functions of the Department of
Homeland Security by providing for an enhanced personnel system for
employees of the Transportation Security Administration, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Mrs. Lowey (for herself, Mr. Thompson of Mississippi, Ms. Jackson-Lee
of Texas, Mr. Carney, Mr. Pascrell, Ms. Zoe Lofgren of California, Mr.
Markey of Massachusetts, Mrs. Kirkpatrick of Arizona, Ms. Kilpatrick of
Michigan, Mr. Hastings of Florida, Mr. Hinchey, Mr. Patrick J. Murphy
of Pennsylvania, Mr. Kind, Mr. McMahon, Ms. Moore of Wisconsin, Mr.
Grijalva, Ms. Norton, and Mr. Filner) introduced the following bill;
which was referred to the Committee on Homeland Security, and in
addition to the Committee on Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
September 29, 2009
Additional sponsors: Ms. Roybal-Allard, Mr. Connolly of Virginia, Mr.
Lewis of Georgia, Mr. Pierluisi, Mr. Nadler of New York, Mrs. Maloney,
Mr. Johnson of Georgia, Ms. Corrine Brown of Florida, Mr. Abercrombie,
Mr. Smith of Washington, Mr. Al Green of Texas, Mr. Scott of Virginia,
Mr. Cummings, Mr. McDermott, Mr. Schiff, Mr. Dingell, Mr. Farr, Ms.
Berkley, Mr. Lynch, Mr. Hare, Mr. Massa, Ms. Shea-Porter, Mr. Mitchell,
Mr. Altmire, Mr. Pallone, Mr. Baca, Mrs. McCarthy of New York, Mr.
DeFazio, Mr. Michaud, Mr. Israel, Ms. Kilroy, Ms. Castor of Florida,
Mr. Grayson, Mr. Brady of Pennsylvania, Mr. Lujan, Mr. Ackerman, Mr.
Engel, Mr. Crowley, Mr. Hall of New York, Ms. Clarke, Mr. Courtney, Mr.
Payne, Ms. Wasserman Schultz, Mr. Kucinich, Mr. Maffei, Mr. Delahunt,
Mr. Conyers, Ms. Sutton, Mr. Rothman of New Jersey, Mr. Holt, Mr.
Bishop of New York, Mr. Higgins, Mr. Rangel, Ms. Velazquez, Ms. Kaptur,
Mr. Moran of Virginia, Mr. Kennedy, Mrs. Capps, Mr. Yarmuth, Ms.
Giffords, Ms. DeLauro, Mr. Rahall, Mr. Dicks, Mr. Reyes, Ms. Edwards of
Maryland, Mr. Waxman, Mr. Jackson of Illinois, Mr. Berman, Mr.
Mollohan, Mrs. Napolitano, Mr. Tonko, Ms. DeGette, Ms. Titus, Mr.
Pastor of Arizona, Ms. Linda T. Sanchez of California, Ms. Loretta
Sanchez of California, Mrs. Davis of California, Mr. Larson of
Connecticut, Mr. Van Hollen, Mr. Wexler, Ms. Matsui, Mr. George Miller
of California, Ms. Eshoo, Mr. Becerra, Mr. Ryan of Ohio, Mr. Klein of
Florida, Ms. Slaughter, Mr. Sires, Mr. Fattah, Mr. Loebsack, Mr. Hodes,
Mr. Blumenauer, Mr. Davis of Illinois, Ms. Fudge, Mr. Meeks of New
York, Mr. Capuano, Mr. Sarbanes, Mr. Arcuri, Mr. Honda, Mr. Weiner, Mr.
Walz, Mr. Oberstar, Mr. Cleaver, Mr. Scott of Georgia, Mr. Doyle, Mr.
Langevin, Mr. Gonzalez, Mr. Boswell, Mr. Lipinski, Mr. Ellison, Mr.
Himes, Mr. Cuellar, Ms. Pingree of Maine, Ms. Richardson, Ms. Harman,
Mr. Clay, Mr. Stupak, Mr. Costello, Ms. Eddie Bernice Johnson of Texas,
Mr. Levin, Mr. Quigley, Mr. Peters, Ms. Schakowsky, Mr. Frank of
Massachusetts, Ms. Lee of California, Mr. Cohen, Mr. LaTourette, Mr.
Doggett, Mr. Driehaus, and Ms. Baldwin
September 29, 2009
Reported from the Committee on Homeland Security
September 29, 2009
Reported from the Committee on Oversight and Government Reform,
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
_______________________________________________________________________
A BILL
To enhance the transportation security functions of the Department of
Homeland Security by providing for an enhanced personnel system for
employees of the Transportation Security Administration, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Workforce Enhancement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conversion of transportation security personnel.
Sec. 4. Transition rules.
Sec. 5. Consultation requirement.
Sec. 6. No right to strike.
Sec. 7. Regulations.
Sec. 8. Delegations to Assistant Secretary.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered position'' means--
(A) a position within the Transportation Security
Administration; and
(B) any position within the Department of Homeland
Security, not described in subparagraph (A), the duties
and responsibilities of which involve providing
transportation security in furtherance of the purposes
of the Aviation and Transportation Security Act (Public
Law 107-71), as determined by the Secretary;
(2) the term ``covered employee'' means an employee who
holds a covered position;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``Secretary'' means the Secretary of Homeland
Security;
(5) the term ``Assistant Secretary'' means the official
within the Department of Homeland Security who is responsible
for overseeing and implementing transportation security
pursuant to the Aviation and Transportation Security Act,
whether designated as the Assistant Secretary of Homeland
Security (Transportation Security Administration), the
Administrator of the Transportation Security Administration,
the Undersecretary of Transportation for Security, or
otherwise;
(6) the term ``TSA personnel management system'' means any
personnel management system, as established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act; or
(B) section 114(n) of title 49, United States Code;
(7) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(8) the term ``conversion date'' means the date as of which
paragraphs (1) through (3) of section 3(b) take effect.
SEC. 3. CONVERSION OF TRANSPORTATION SECURITY PERSONNEL.
(a) Termination of Certain Personnel Authorities.--Effective as of
the date of the enactment of this Act--
(1) each provision of law cited in section 2(6) is
repealed, and any authority to establish or modify a TSA
personnel management system under either such provision of law
shall terminate; and
(2) all authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(b) Covered Employees and Positions Made Subject to Same Personnel
Management System as Applies to Civil Service Employees Generally.--
Effective as of the date determined by the Secretary, but in no event
later than 60 days after the date of the enactment of this Act--
(1) all TSA personnel management systems shall cease to be
effective;
(2) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code, to
the extent otherwise applicable with respect to covered
employees or covered positions, shall cease to be effective;
and
(3) covered employees and covered positions shall become
subject to the provisions of title 5, United States Code, and
all other civil service laws which apply with respect to both--
(A) any employees and positions within the
Department of Homeland Security (other than covered
employees and covered positions, and disregarding the
effect of any action taken under chapter 97 of title 5,
United States Code); and
(B) employees and positions within agencies
generally (outside of the Department of Homeland
Security).
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Rate of Pay.--Any conversion of an employee
from a TSA personnel management system to the provisions of law made
applicable with respect to such employee by section 3(b)(3) shall be
effected, under pay conversion rules prescribed by the Secretary,
without any reduction in the rate of basic pay payable to such
employee.
(b) Preservation of Other Rights.--In the case of each individual
who is a covered employee as of the conversion date, the Secretary
shall take any actions which may be necessary to ensure that--
(1) all service performed by such individual as a covered
employee before the conversion date shall be credited in the
determination of such individual's length of service as an
employee for purposes of applying the provisions of law
governing leave, pay, group life and health insurance,
severance pay, tenure, and status, which are made applicable
with respect to such individual by section 3(b)(3);
(2) all annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee, until used, so long as such
individual remains continuously employed by the Department of
Homeland Security; and
(3) the Government share of any premiums or other periodic
charges under the provisions of law governing group health
insurance shall remain the same as was the case immediately
before the conversion date, so long as such individual remains
continuously employed by the Department of Homeland Security.
(c) Pending Proceedings.--No provision of this Act shall affect any
administrative or judicial proceeding commenced before the date of the
enactment of this Act. Determinations in any such proceeding shall be
made and appeals therefrom shall be taken as if this Act had not been
enacted.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Qualified Labor Organization.--For purposes of this section,
the term ``qualified labor organization'' means a labor organization
which, as of the date of the enactment of this Act--
(1) satisfies the definition of a labor organization under
section 7103(a)(4) of title 5, United States Code; and
(2) is receiving through payroll deductions, from at least
1,000 covered employees, dues payable to the labor
organization.
(b) Consultation Rights.--A qualified labor organization--
(1) shall, within 14 days after the date of the enactment
of this Act, be informed by the Secretary in writing of the
plans in accordance with which the Secretary intends to carry
out the conversion of covered employees and covered positions
under this Act, including with respect to such matters as--
(A) the proposed conversion date; and
(B) measures to ensure compliance with section 4;
and
(2) shall be afforded a reasonable opportunity to present
its views and recommendations regarding those plans.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b)(2) by a labor organization, the
Secretary--
(1) shall consider the views or recommendations before
taking final action on any matter with respect to which the
views or recommendations are presented; and
(2) shall provide the labor organization a written
statement of the reasons for the final actions to be taken.
(d) Rule of Construction Regarding Exclusive Representation.--
Nothing in this section shall be considered--
(1) to permit or require the application, or the continued
application, of subsection (b) or (c) if any labor organization
has been accorded exclusive recognition with respect to all
covered employees; or
(2) to limit the right of any agency or exclusive
representative to engage in collective bargaining.
(e) Sunset Provision.--The provisions of this section shall cease
to be effective as of the conversion date.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 7. REGULATIONS.
The Secretary may prescribe any regulations necessary to carry out
this Act.
SEC. 8. DELEGATIONS TO ASSISTANT SECRETARY.
The Secretary may, with respect to any authority or function vested
in the Secretary under any of the preceding provisions of this Act,
delegate any such authority or function to the Assistant Secretary
under such terms, conditions, and limitations, including the power of
redelegation, as the Secretary considers appropriate.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Union Calendar No. 154
111th CONGRESS
1st Session
H. R. 1881
[Report No. 111-273, Parts I and II]
_______________________________________________________________________
A BILL
To enhance the transportation security functions of the Department of
Homeland Security by providing for an enhanced personnel system for
employees of the Transportation Security Administration, and for other
purposes.
_______________________________________________________________________
September 29, 2009
Reported from the Committee on Homeland Security
September 29, 2009
Reported from the Committee on Oversight and Government Reform,
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed