I 

111TH CONGRESS 

1ST SESSION H. R. 1881 

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 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Transportation Security Workforce Enhancement Act of 

4 2009’’. 

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

6 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. 

7 SEC. 2. DEFINITIONS. 

8 For purposes of this Act— 

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

10 (A) a position within the Transportation 

11 Security Administration; and 

12 (B) any position within the Department of 

13 Homeland Security, not described in subpara14 graph (A), the duties and responsibilities of 

15 which involve providing transportation security 

16 in furtherance of the purposes of the Aviation 

17 and Transportation Security Act (Public Law 

18 107–71), as determined by the Secretary; 

19 (2) the term ‘‘covered employee’’ means an em20 ployee who holds a covered position; 


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

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

3 Code; 

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

5 of Homeland Security; 

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

7 official within the Department of Homeland Security 

8 who is responsible for overseeing and implementing 

9 transportation security pursuant to the Aviation and 

10 Transportation Security Act, whether designated as 

11 the Assistant Secretary of Homeland Security 

12 (Transportation Security Administration), the Ad13 ministrator of the Transportation Security Adminis14 tration, the Undersecretary of Transportation for 

15 Security, or otherwise; 

16 (6) the term ‘‘TSA personnel management sys17 tem’’ means any personnel management system, as 

18 established or modified under— 

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

20 Transportation Security Act; or 

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

22 States Code; 

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

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

25 States Code; and 


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

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

3 3(b) take effect. 

4 SEC. 3. CONVERSION OF TRANSPORTATION SECURITY PER5 SONNEL. 

6 (a) TERMINATION OF CERTAIN PERSONNEL AU7 THORITIES.—Effective as of the date of the enactment of 

8 this Act— 

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

10 is repealed, and any authority to establish or modify 

11 a TSA personnel management system under either 

12 such provision of law shall terminate; and 

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

14 resources management system under chapter 97 of 

15 title 5, United States Code, shall terminate with re16 spect to covered employees and covered positions. 

17 (b) COVERED EMPLOYEES AND POSITIONS MADE

18 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM

19 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN20 ERALLY.—Effective as of the date determined by the Sec21 retary, but in no event later than 60 days after the date 

22 of the enactment of this Act— 

23 (1) all TSA personnel management systems 

24 shall cease to be effective; 


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1 (2) any human resources management system 

2 established or adjusted under chapter 97 of title 5, 

3 United States Code, to the extent otherwise applica4 ble with respect to covered employees or covered po5 sitions, shall cease to be effective; and 

6 (3) covered employees and covered positions 

7 shall become subject to the provisions of title 5, 

8 United States Code, and all other civil service laws 

9 which apply with respect to both— 

10 (A) any employees and positions within the 

11 Department of Homeland Security (other than 

12 covered employees and covered positions, and 

13 disregarding the effect of any action taken 

14 under chapter 97 of title 5, United States 

15 Code); and 

16 (B) employees and positions within agen17 cies generally (outside of the Department of 

18 Homeland Security). 

19 SEC. 4. TRANSITION RULES. 

20 (a) NONREDUCTION IN RATE OF PAY.—Any conver21 sion of an employee from a TSA personnel management 

22 system to the provisions of law made applicable with re23 spect to such employee by section 3(b)(3) shall be effected, 

24 under pay conversion rules prescribed by the Secretary, 


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

2 such employee. 

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

4 of each individual who is a covered employee as of the con5 version date, the Secretary shall take any actions which 

6 may be necessary to ensure that— 

7 (1) all service performed by such individual as 

8 a covered employee before the conversion date shall 

9 be credited in the determination of such individual’s 

10 length of service as an employee for purposes of ap11 plying the provisions of law governing leave, pay, 

12 group life and health insurance, severance pay, ten13 ure, and status, which are made applicable with re14 spect to such individual by section 3(b)(3); 

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

16 leave accrued, accumulated, or otherwise available to 

17 a covered employee immediately before the conver18 sion date shall remain available to the employee, 

19 until used, so long as such individual remains con20 tinuously employed by the Department of Homeland 

21 Security; and 

22 (3) the Government share of any premiums or 

23 other periodic charges under the provisions of law 

24 governing group health insurance shall remain the 

25 same as was the case immediately before the converVerDate Nov 24 2008 02:43 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1881.IH H1881

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1 sion date, so long as such individual remains con2 tinuously employed by the Department of Homeland 

3 Security. 

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

5 Act shall affect any administrative or judicial proceeding 

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

7 Determinations in any such proceeding shall be made and 

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

9 been enacted. 

10 SEC. 5. CONSULTATION REQUIREMENT. 

11 (a) QUALIFIED LABOR ORGANIZATION.—For pur12 poses of this section, the term ‘‘qualified labor organiza13 tion’’ means a labor organization which, as of the date 

14 of the enactment of this Act— 

15 (1) satisfies the definition of a labor organiza16 tion under section 7103(a)(4) of title 5, United 

17 States Code; and 

18 (2) is receiving through payroll deductions, 

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

20 to the labor organization. 

21 (b) CONSULTATION RIGHTS.—A qualified labor orga22 nization— 

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

24 enactment of this Act, be informed by the Secretary 

25 in writing of the plans in accordance with which the 


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1 Secretary intends to carry out the conversion of cov2 ered employees and covered positions under this Act, 

3 including with respect to such matters as— 

4 (A) the proposed conversion date; and 

5 (B) measures to ensure compliance with 

6 section 4; and 

7 (2) shall be afforded a reasonable opportunity 

8 to present its views and recommendations regarding 

9 those plans. 

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

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

12 a labor organization, the Secretary— 

13 (1) shall consider the views or recommendations 

14 before taking final action on any matter with respect 

15 to which the views or recommendations are pre16 sented; and 

17 (2) shall provide the labor organization a writ18 ten statement of the reasons for the final actions to 

19 be taken. 

20 (d) RULE OF CONSTRUCTION REGARDING EXCLU21 SIVE REPRESENTATION.—Nothing in this section shall be 

22 considered— 

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

24 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. 

Æ 


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