```

[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
```