I 
111TH CONGRESS 
1ST SESSION H. R. 1881 
To enhance the transportation security functions of the Department of Home-
land Security by providing for an enhanced personnel system for employ-
ees of the Transportation Security Administration, and for other pur-
poses. 
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. KIL-
PATRICK of Michigan, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. PAT-
RICK J. MURPHY of Pennsylvania, Mr. KIND, Mr. MCMAHON, Ms. 
MOORE of Wisconsin, Mr. GRIJALVA, Ms. NORTON, and Mr. FILNER) in-
troduced 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 De-
partment of Homeland Security by providing for an en-
hanced personnel system for employees of the Transpor-
tation Security Administration, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 subpara-
graph (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 em-
ployee who holds a covered position; 
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(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 Ad-
ministrator of the Transportation Security Adminis-
tration, the Undersecretary of Transportation for 
Security, or otherwise; 
(6) the term ‘‘TSA personnel management sys-
tem’’ 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 
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(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 PER-
SONNEL. 
(a) TERMINATION
OF CERTAIN PERSONNEL AU-
THORITIES.—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 re-
spect to covered employees and covered positions. 
(b) COVERED EMPLOYEES AND POSITIONS MADE 
SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM 
AS
APPLIES
TO
CIVIL
SERVICE
EMPLOYEES
GEN-
ERALLY.—Effective as of the date determined by the Sec-
retary, 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; 
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(2) any human resources management system 
established or adjusted under chapter 97 of title 5, 
United States Code, to the extent otherwise applica-
ble with respect to covered employees or covered po-
sitions, 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 agen-
cies generally (outside of the Department of 
Homeland Security). 
SEC. 4. TRANSITION RULES. 
(a) NONREDUCTION IN RATE OF PAY.—Any conver-
sion of an employee from a TSA personnel management 
system to the provisions of law made applicable with re-
spect to such employee by section 3(b)(3) shall be effected, 
under pay conversion rules prescribed by the Secretary, 
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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 con-
version 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 ap-
plying the provisions of law governing leave, pay, 
group life and health insurance, severance pay, ten-
ure, and status, which are made applicable with re-
spect 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 conver-
sion date shall remain available to the employee, 
until used, so long as such individual remains con-
tinuously 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 conver-
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sion date, so long as such individual remains con-
tinuously 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 pur-
poses of this section, the term ‘‘qualified labor organiza-
tion’’ means a labor organization which, as of the date 
of the enactment of this Act— 
(1) satisfies the definition of a labor organiza-
tion 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 orga-
nization— 
(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 
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Secretary intends to carry out the conversion of cov-
ered 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 pre-
sented; and 
(2) shall provide the labor organization a writ-
ten statement of the reasons for the final actions to 
be taken. 
(d) RULE OF CONSTRUCTION REGARDING EXCLU-
SIVE 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 
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labor organization has been accorded exclusive rec-
ognition 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 sec-
tion 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 nec-
essary 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 pre-
ceding provisions of this Act, delegate any such authority 
or function to the Assistant Secretary under such terms, 
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