IB 

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. LUJA ́N, 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 


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New Jersey, Mr. HOLT, Mr. BISHOP of New York, Mr. HIGGINS, Mr. 

RANGEL, Ms. VELA ́ZQUEZ, 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. SA ́NCHEZ 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transportation Security Workforce Enhancement Act of 

6 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

9 SEC. 2. DEFINITIONS. 

10 For purposes of this Act— 

11 (1) the term ‘‘covered position’’ means— 

12 (A) a position within the Transportation 

13 Security Administration; and 

14 (B) any position within the Department of 

15 Homeland Security, not described in subpara16 graph (A), the duties and responsibilities of 

17 which involve providing transportation security 

18 in furtherance of the purposes of the Aviation 

19 and Transportation Security Act (Public Law 

20 107–71), as determined by the Secretary; 


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1 (2) the term ‘‘covered employee’’ means an em2 ployee who holds a covered position; 

3 (3) the term ‘‘employee’’ has the meaning given 

4 such term by section 2105 of title 5, United States 

5 Code; 

6 (4) the term ‘‘Secretary’’ means the Secretary 

7 of Homeland Security; 

8 (5) the term ‘‘Assistant Secretary’’ means the 

9 official within the Department of Homeland Security 

10 who is responsible for overseeing and implementing 

11 transportation security pursuant to the Aviation and 

12 Transportation Security Act, whether designated as 

13 the Assistant Secretary of Homeland Security 

14 (Transportation Security Administration), the Ad15 ministrator of the Transportation Security Adminis16 tration, the Undersecretary of Transportation for 

17 Security, or otherwise; 

18 (6) the term ‘‘TSA personnel management sys19 tem’’ means any personnel management system, as 

20 established or modified under— 

21 (A) section 111(d) of the Aviation and 

22 Transportation Security Act; or 

23 (B) section 114(n) of title 49, United 

24 States Code; 


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1 (7) the term ‘‘agency’’ means an Executive 

2 agency, as defined by section 105 of title 5, United 

3 States Code; and 

4 (8) the term ‘‘conversion date’’ means the date 

5 as of which paragraphs (1) through (3) of section 

6 3(b) take effect. 

7 SEC. 3. CONVERSION OF TRANSPORTATION SECURITY PER8 SONNEL. 

9 (a) TERMINATION OF CERTAIN PERSONNEL AU10 THORITIES.—Effective as of the date of the enactment of 

11 this Act— 

12 (1) each provision of law cited in section 2(6) 

13 is repealed, and any authority to establish or modify 

14 a TSA personnel management system under either 

15 such provision of law shall terminate; and 

16 (2) all authority to establish or adjust a human 

17 resources management system under chapter 97 of 

18 title 5, United States Code, shall terminate with re19 spect to covered employees and covered positions. 

20 (b) COVERED EMPLOYEES AND POSITIONS MADE

21 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM

22 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN23 ERALLY.—Effective as of the date determined by the Sec24 retary, but in no event later than 60 days after the date 

25 of the enactment of this Act— 


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1 (1) all TSA personnel management systems 

2 shall cease to be effective; 

3 (2) any human resources management system 

4 established or adjusted under chapter 97 of title 5, 

5 United States Code, to the extent otherwise applica6 ble with respect to covered employees or covered po7 sitions, shall cease to be effective; and 

8 (3) covered employees and covered positions 

9 shall become subject to the provisions of title 5, 

10 United States Code, and all other civil service laws 

11 which apply with respect to both— 

12 (A) any employees and positions within the 

13 Department of Homeland Security (other than 

14 covered employees and covered positions, and 

15 disregarding the effect of any action taken 

16 under chapter 97 of title 5, United States 

17 Code); and 

18 (B) employees and positions within agen19 cies generally (outside of the Department of 

20 Homeland Security). 

21 SEC. 4. TRANSITION RULES. 

22 (a) NONREDUCTION IN RATE OF PAY.—Any conver23 sion of an employee from a TSA personnel management 

24 system to the provisions of law made applicable with re25 spect to such employee by section 3(b)(3) shall be effected, 


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1 under pay conversion rules prescribed by the Secretary, 

2 without any reduction in the rate of basic pay payable to 

3 such employee. 

4 (b) PRESERVATION OF OTHER RIGHTS.—In the case 

5 of each individual who is a covered employee as of the con6 version date, the Secretary shall take any actions which 

7 may be necessary to ensure that— 

8 (1) all service performed by such individual as 

9 a covered employee before the conversion date shall 

10 be credited in the determination of such individual’s 

11 length of service as an employee for purposes of ap12 plying the provisions of law governing leave, pay, 

13 group life and health insurance, severance pay, ten14 ure, and status, which are made applicable with re15 spect to such individual by section 3(b)(3); 

16 (2) all annual leave, sick leave, or other paid 

17 leave accrued, accumulated, or otherwise available to 

18 a covered employee immediately before the conver19 sion date shall remain available to the employee, 

20 until used, so long as such individual remains con21 tinuously employed by the Department of Homeland 

22 Security; and 

23 (3) the Government share of any premiums or 

24 other periodic charges under the provisions of law 

25 governing group health insurance shall remain the 


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1 same as was the case immediately before the conver2 sion date, so long as such individual remains con3 tinuously employed by the Department of Homeland 

4 Security. 

5 (c) PENDING PROCEEDINGS.—No provision of this 

6 Act shall affect any administrative or judicial proceeding 

7 commenced before the date of the enactment of this Act. 

8 Determinations in any such proceeding shall be made and 

9 appeals therefrom shall be taken as if this Act had not 

10 been enacted. 

11 SEC. 5. CONSULTATION REQUIREMENT. 

12 (a) QUALIFIED LABOR ORGANIZATION.—For pur13 poses of this section, the term ‘‘qualified labor organiza14 tion’’ means a labor organization which, as of the date 

15 of the enactment of this Act— 

16 (1) satisfies the definition of a labor organiza17 tion under section 7103(a)(4) of title 5, United 

18 States Code; and 

19 (2) is receiving through payroll deductions, 

20 from at least 1,000 covered employees, dues payable 

21 to the labor organization. 

22 (b) CONSULTATION RIGHTS.—A qualified labor orga23 nization— 

24 (1) shall, within 14 days after the date of the 

25 enactment of this Act, be informed by the Secretary 


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1 in writing of the plans in accordance with which the 

2 Secretary intends to carry out the conversion of cov3 ered employees and covered positions under this Act, 

4 including with respect to such matters as— 

5 (A) the proposed conversion date; and 

6 (B) measures to ensure compliance with 

7 section 4; and 

8 (2) shall be afforded a reasonable opportunity 

9 to present its views and recommendations regarding 

10 those plans. 

11 (c) REQUIRED AGENCY RESPONSE.—If any views or 

12 recommendations are presented under subsection (b)(2) by 

13 a labor organization, the Secretary— 

14 (1) shall consider the views or recommendations 

15 before taking final action on any matter with respect 

16 to which the views or recommendations are pre17 sented; and 

18 (2) shall provide the labor organization a writ19 ten statement of the reasons for the final actions to 

20 be taken. 

21 (d) RULE OF CONSTRUCTION REGARDING EXCLU22 SIVE REPRESENTATION.—Nothing in this section shall be 

23 considered— 

24 (1) to permit or require the application, or the 

25 continued application, of subsection (b) or (c) if any 


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1 labor organization has been accorded exclusive rec2 ognition with respect to all covered employees; or 

3 (2) to limit the right of any agency or exclusive 

4 representative to engage in collective bargaining. 

5 (e) SUNSET PROVISION.—The provisions of this sec6 tion shall cease to be effective as of the conversion date. 

7 SEC. 6. NO RIGHT TO STRIKE. 

8 Nothing in this Act shall be considered— 

9 (1) to repeal or otherwise affect— 

10 (A) section 1918 of title 18, United States 

11 Code (relating to disloyalty and asserting the 

12 right to strike against the Government); or 

13 (B) section 7311 of title 5, United States 

14 Code (relating to loyalty and striking); or 

15 (2) to otherwise authorize any activity which is 

16 not permitted under either provision of law cited in 

17 paragraph (1). 

18 SEC. 7. REGULATIONS. 

19 The Secretary may prescribe any regulations nec20 essary to carry out this Act. 

21 SEC. 8. DELEGATIONS TO ASSISTANT SECRETARY. 

22 The Secretary may, with respect to any authority or 

23 function vested in the Secretary under any of the pre24 ceding provisions of this Act, delegate any such authority 

25 or function to the Assistant Secretary under such terms, 


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1 conditions, and limitations, including the power of redele2 gation, as the Secretary considers appropriate. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this Act. 


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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 

tration, and for other purposes. ployees of the Transportation Security Adminisviding for an enhanced personnel system for emthe Department of Homeland Security by proSEPTEMBER 29, 2009 

Reported from the Committee on Homeland Security 

SEPTEMBER 29, 2009 

Reported from the Committee on Oversight and Governto be printed Whole House on the State of the Union, and ordered ment Reform, committed to the Committee of the 


wwoods2 on DSK1DXX6B1PROD with BILLS