IB Union Calendar No. 154 111th CONGRESS 1st Session H. R. 1881 [Report No. 111–273, Parts I and II] 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. Luján, 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. Velázquez, 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. Sánchez 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.

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.

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.

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).

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.

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.

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).

7.

Regulations

The Secretary may prescribe any regulations necessary to carry out this Act.

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.

9.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act.

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