[House Report 111-273]
[From the U.S. Government Publishing Office]


111th Congress                                            Rept. 111-273
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

======================================================================



 
       TRANSPORTATION SECURITY WORKFORCE ENHANCEMENT ACT OF 2009

                                _______
                                

 September 29, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1881]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (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, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     4
Section-By-Section...............................................     4
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Roll Call Votes..................................................     6
Application of Law to the Legislative Branch.....................     8
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     8
Statement of General Performance Goals and Objectives............     8
Constitutional Authority Statement...............................     8
Federal Advisory Committee Act...................................     8
Unfunded Mandates Statement......................................     8
Earmark Identification...........................................     9
Committee Estimate...............................................     9
Budget Authority and Congressional Budget Office Cost Estimate...     9
Changes in Existing Law Made by the Bill, as Reported............    11

                          Purpose and Summary

    H.R. 1881, the ``Transportation Workforce Enhancement Act 
of 2009'', makes applicable to the Transportation Security 
Administration (TSA) the rules, benefits, workplace 
protections, and conditions of employment codified in title 5 
of the United States Code, including the right for employees to 
bargain collectively. The legislation repeals section 111(d) of 
the Aviation and Transportation Security Act (ATSA) (P.L. 107-
71) and section 114(n) of title 49, United States Code, which 
authorized the TSA Administrator to establish personnel systems 
for the TSA outside of the rules that govern most other federal 
agencies. H.R. 1881 establishes a process for transitioning 
employees under the current TSA systems to the title 5 civil 
service personnel system, which applies to other Department of 
Homeland Security (DHS) components and government workers 
generally. The transition is to be completed at a date 
determined by the Secretary of Homeland Security, but in no 
event later than 60 days of the enactment of H.R. 1881. The 
legislation further requires that employees do not suffer a 
reduction in pay or accrued benefits as a result of the 
transition, and provides consultation rights to qualified labor 
organizations during the period of transition.

                  Background and Need for Legislation

    H.R. 1881, the ``Transportation Workforce Enhancement Act 
of 2009'', makes applicable to TSA the rules, benefits, 
workplace protections, and conditions of employment codified in 
title 5 of the United States Code, including the right for 
employees to bargain collectively.
    Most other federal agencies and employees are subject to 
title 5's civil service rules and merit system protections, 
including components within DHS, such as Customs and Border 
Protection and DHS Headquarters personnel. However, when the 
TSA was established in 2001, as part of the Department of 
Transportation, Congress provided the new agency with authority 
to develop and implement TSA-specific hiring and personnel 
rules, modeled on those that exist for the Federal Aviation 
Administration. These flexibilities were provided to help TSA 
``stand-up'' quickly as a new agency. In addition, in order to 
expedite the process of federalizing the duties of airport 
screeners across the country, Congress gave the TSA 
Administrator nearly unfettered authority to define all terms 
of pay, benefits, and conditions of employment for the 
screening workforce (now called Transportation Security 
Officers (TSOs)), without regard to title 5.\1\
---------------------------------------------------------------------------
    \1\See section 111(d) of the Aviation and Transportation Security 
(P.L. 107-71): (d) SCREENER PERSONNEL.--Notwithstanding any other 
provision of law, the Under Secretary of Transportation for Security 
may employ, appoint, discipline, terminate, and fix the compensation, 
terms, and conditions of employment of Federal service for such a 
number of individuals as the Under Secretary determines to be necessary 
to carry out the screening functions of the Under Secretary under 
section 44901 of title 49, United States Code. The Under Secretary 
shall establish levels of compensation and other benefits for 
individuals so employed.
---------------------------------------------------------------------------
    TSA's subsequent use of these authorities, and the 
development of disparate personnel systems for TSO and non-TSO 
employees, has created significant inconsistencies both within 
TSA and between TSA and the rest of DHS. More fundamentally, 
TSA has used its authority to exempt the agency from many laws 
that govern the rest of the civil service, such as the Civil 
Service Reform Act, the Rehabilitation Act, the right to appeal 
adverse actions to the Merit Systems Protection Board (MSPB), 
judicial review of adverse actions, General Schedule pay 
requirements, the right to seek the Office of Special Counsel's 
assistance to remedy violations of Veteran's preference and the 
Uniformed Services Employment and Reemployment Rights Act 
(USERRA), and until recently, whistleblower protections.
    This lack of consistency and transparency in TSA's 
personnel systems has lowered employee morale and increased 
attrition within the agency, especially in the ranks of TSOs, 
who have been severely impacted by the lack of workplace 
protections, and now by the introduction of an unpopular pay-
for-performance system known as the Performance Accountability 
and Standards System, or ``PASS.'' A high injury rate, low 
employee morale, and attrition negatively impact the agency's 
ability to perform its vital aviation security function.
    H.R. 1881 addresses this situation by repealing authority 
for the existing TSA personnel management systems. It provides 
rules for transitioning all TSA employees into title 5 of the 
U.S. Code. This will place TSA employees on par with their 
colleagues at DHS and the rest of the federal civil service. 
H.R. 1881 further ensures that TSA employees will not suffer a 
reduction in pay or accrued leave or benefits as a result of 
transitioning to title 5.
    As part of the transition to title 5, H.R. 1881 would make 
applicable the federal government's rules pertaining to 
collective bargaining. Collective bargaining is a fundamental 
workplace right that applies to employees throughout the 
federal government, including in national security and homeland 
security professions. This includes civilian employees at the 
Defense Department, DHS Customs and Border Protection Guards, 
Border Patrol Officers, and Bureau of Prisons Guards.
    In the federal government, collective bargaining rules are 
governed by chapter 71 of title 5. In general, employees and 
their representatives are entitled to bargain on issues that 
impact the day-to-day life of the employee, such as work 
schedules and ``flextime,'' break times, procedures for filing 
grievances, procedures for rating performance, procedures for 
selecting overtime, and procedures for providing training. All 
of these issues affect the morale of rank and file employees. 
Satisfactory resolution of these issues, based on a cooperative 
labor-management process, leads to a more productive and 
efficient workforce.
    The right to bargain collectively under title 5 is subject 
to several broad exceptions. Management exclusively determines 
the mission, budget, organization, number of employees, and 
internal security practices of the agency. Agencies have no 
obligation to bargain over matters set by statute, such as the 
amount employees are paid under the General Schedule pay 
system. Agencies have no obligation to bargain over matters set 
by government-wide rule or regulation, such as the job 
classification rules and qualification standards for positions. 
Agencies have no obligation to bargain over rules they 
promulgate for which there is a compelling need. And, in order 
to carry out the agency's mission during emergencies, 
management has the statutory authority to take whatever actions 
may be necessary.
    The changes made by H.R. 1881 would not affect existing law 
that prohibits federal employees from striking. Indeed, section 
6 of H.R. 1881 re-states existing law that imposes criminal 
penalties on a person who violates title 5's prohibition on 
participating in a strike against the federal government. In 
addition, the legislation would not modify existing training 
and certification requirements for TSA personnel under section 
114(e) of title 49, United States Code, and other un-repealed 
provisions of ATSA.
    H.R. 1881 mandates consultation between the TSA 
Administrator and employees, through qualified labor 
organizations, during the 60-day transition period to the title 
5 civil service system. This requirement is for the 60-day 
transition period only and should not be interpreted as 
impacting or overriding the exclusive bargaining recognition or 
labor management relations under Chapter 71 of Title 5. This 
consultation requirement will provide an opportunity for 
employees and their representatives to stay informed during the 
transition process and provide an opportunity for the employees 
and their representatives to present their views and 
recommendations to the Assistant Secretary on the transition 
plan. The Secretary is required to consider the recommendations 
and provide a statement and reason for any final actions being 
taken.
    In the 110th Congress, the House of Representatives passed 
similar rights and protections, including the right to 
collectively bargain, for TSA personnel as part of H.R. 1, the 
``Implementing the Recommendations of the 9/11 Commission Act 
of 2007.'' However, under the threat of a veto from the Bush 
administration, the protections were removed in conference with 
the Senate. President Obama has supported these protections. In 
an October 20, 2008, letter, then-candidate Obama wrote, 
``Advocating for TSOs to receive collective bargaining rights 
and workplace protections will be a priority for my 
administration. It is unacceptable for TSOs to work under 
unfair rules and without workplace protections--this makes it 
more difficult for them to perform their jobs.''

                          Legislative History

    The Oversight and Government Reform Committee held a markup 
of H.R. 1881 on September 10, 2009, and ordered the bill to be 
reported by a vote of 19-10.
    On July 9, 2009, the Homeland Security Committee held a 
markup of H.R. 1881 and ordered the bill to be reported by a 
voice vote.

                           Section-by-Section


Section 1. Short title; table of contents

    The short title of this Act is the Transportation Security 
Workforce Enhancement Act of 2009.

Section 2. Definitions

    This section defines several terms for the purposes of this 
Act, including: covered position and employee; Secretary and 
Assistant Secretary; TSA personnel management system; agency, 
and; conversion date.

Section 3. Conversion of transportation security personnel

    This section terminates the authorities provided to the 
Assistant Secretary under section 111(d) of ATSA to set the 
terms and condition of employment for the screener workforce. 
This section also strikes the personnel system established 
under section 111(n) of title 49, which applies currently to 
the non-screener TSA workforce. These changes are effective 60 
days from date of enactment, during which time the Secretary of 
Homeland Security is required to transition all TSA employees 
to the employment provisions of title 5 that apply to other DHS 
employees.

Section 4. Transition rules

    This section provides rules for the transition of TSA 
employees to title 5. Specifically, this section requires that 
the transition be conducted without any reduction in the rate 
of basic pay for any employee covered by the conversion. The 
Secretary of Homeland Security must also take any actions which 
may be necessary to ensure that all service performed by 
covered employees before the conversion date be credited in the 
determination of the employees' length of service for purposes 
of applying the provisions of law in title 5 governing leave, 
pay, group life and health insurance, severance pay, tenure, 
and status. The Secretary must also ensure that all annual 
leave, sick leave, or other paid leave accrued, accumulated, or 
otherwise available to a covered employee remain available to 
the employee after the conversion. The section also requires 
the Secretary to ensure that the Government's share of any 
premiums or other periodic charges under the provisions of law 
governing group health insurance remain the same as was the 
case immediately before the conversion date. This section also 
states that nothing in this Act shall affect any administrative 
or judicial proceeding commenced before the date of the 
enactment of this Act.

Section 5. Consultation requirement

    This section ensures that during the 60-day transition 
period to the civil service system, there will be a 
consultation requirement between the Assistant Secretary and 
the employees through their qualified labor organizations. For 
the purposes of this section, the term qualified labor 
organization means a labor organization which satisfies the 
definition of a labor organization under section 7103(a)(4) of 
title 5, United States Code and is receiving through payroll 
deductions, from at least 1,000 covered employees, dues payable 
to the labor organization.

Section 6. No right to strike

    This section re-states current law that nothing in this Act 
would provide the employees of TSA with the right to strike.

Section 7. Regulations

    This section provides the Secretary of Homeland Security 
the authority to prescribe any regulations necessary to carry 
out this Act.

Section 8. Delegations to Assistant Secretary

    This section provides the Secretary the authority to 
delegate any authorities or functions necessary to fulfill this 
act to the Assistant Secretary.

Section 9. Authorization of appropriations

    This section authorizes the appropriation of such sums as 
necessary to carry out the Act.

                       Explanation of Amendments

    No amendments were offered during the Committee's markup of 
H.R. 1881.

                        Committee Consideration

    On Thursday, September 10, 2009, the Committee met in open 
session and favorably ordered H.R. 1881 to be reported to the 
House by a vote of 19-10.

                            Roll Call Votes



              Application of Law to the Legislative Branch

    Section 102(b)(3) of P.L. 104-1 requires a description of 
the application of this bill to the legislative branch where 
the bill relates to terms and conditions of employment or 
access to public services and accommodations.
    H.R. 1881 repeals the authority for existing TSA personnel 
systems, and requires that TSA employees transition to the 
employment rules under title 5 of the United States Code. This 
bill does not relate to employment or access to public services 
and accommodations in the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need to transition employees of the 
TSA from their current personnel systems to the rules and 
conditions of employment in title 5, which also covers other 
employees at the Department of Homeland Security and the 
federal workforce generally.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including the need to address long-standing 
morale and attrition problems at TSA by converting the TSA's 
employees to the title 5 civil service employment system.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1881. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 1881 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1881. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1881 from the Director of 
the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1881, the 
Transportation Security Workforce Enhancement Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Barry Blow.
            Sincerely,
                                         Robert A. Sunshine
                                 (For Douglas Elmendorf, Director).
    Enclosure.

H.R. 1881--Transportation Security Workforce Enhancement Act of 2009

    Summary: H.R. 1881 would repeal the authority of the 
Transportation Security Administration (TSA) to establish or 
modify a personnel management system for its employees. 
Instead, those employees would become subject to the provisions 
of title 5, United States Code, and other civil service laws, 
including the right to collective bargaining, that apply to 
employees and positions within most other executive branch 
agencies. Under the bill, the Secretary of Homeland Security 
would have to announce, within 14 days after enactment, plans 
for carrying out the conversion. Further, the bill would 
require the Secretary to permit a qualified labor organization 
to comment on those plans and to consider and respond to those 
comments. The conversion would have to be completed within 60 
days of enactment.
    Based on information from TSA and the Office of Personnel 
Management (OPM), and subject to the appropriation of the 
necessary amounts, CBO estimates that implementing H.R. 1881 
would cost about $690 million over the 2010-2014 period. That 
estimate includes the costs of higher salaries likely to be 
paid to some employees under the General Schedule (GS) and the 
costs of creating a labor relations program, which include the 
expenses to hire necessary employees and retrain current 
employees to operate with a workforce that includes collective 
bargaining units. Enacting H.R. 1881 would not affect direct 
spending or revenues.
    H.R. 1881 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal government: The estimated 
budgetary impact of H.R.1881 is shown in the following table. 
The costs of this legislation would fall within budget function 
400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Impact on Salaries of Moving to the General Schedule:
    Estimated Authorization Level.......................      104      129      131      133      134       631
    Estimated Outlays...................................      100      128      131      133      134       626
Impact of Implementing Collective Bargaining:
    Estimated Authorization Level.......................       12       12       13       13       13        63
    Estimated Outlays...................................       11       12       13       13       13        61
Total Changes:
    Estimated Authorization Level.......................      116      141      144      146      147       694
    Estimated Outlays...................................      111      140      144      145      147       687
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1881 will be enacted near the end of 2009, that the conversion 
will require the full 60 days allowed under the bill, and that 
the necessary amounts for implementing it will be appropriated 
each year.
    The legislation would make several changes to current law 
related to the personnel system for TSA employees. The costs of 
converting from the TSA personnel system to the General 
Schedule depend in large part on how employees are classified 
under GS pay grades. Because TSA positions have never been part 
of the General Schedule, there is considerable uncertainty as 
to how the roughly 60,000 positions currently under that pay 
system would ultimately be assigned within the GS system and, 
hence, considerable uncertainty as to the cost of the 
conversion. For the purposes of this estimate, CBO estimates 
that the reclassification would result in many employees, 
particularly the approximately 50,000 employees in the lower 
four pay bands of the current system, receiving a salary 
increase under the bill. Based on discussions with OPM and TSA, 
CBO has assumed that the 36,000 employees in the bottom two 
bands of TSA's current pay system would be classified at 
various steps within the GS-5 pay grade. Using data on salary 
and length of service (which employees are credited with for 
purposes of determining pay under the bill) provided by OPM, 
CBO estimates the conversion would result in an average salary 
increase of about $1,700 for those employees. Employees in the 
next two pay bands with jobs requiring additional 
responsibilities and duties would be classified at higher pay 
grades and also would receive a salary increase as a result. As 
stated in H.R. 1881, no employee would suffer a reduction in 
pay. In total, CBO estimates that moving to the General 
Schedule would increase outlays by $100 million in 2010 and 
$626 million over the 2010-2014 period, assuming appropriation 
of the necessary amounts.
    CBO expects that, under H.R. 1881, the agency also would 
incur costs starting in 2010 to move from its current personnel 
system to a system based on collective bargaining, particularly 
to hire specialists in labor relations. Based on information 
provided by other federal agencies on the costs to support 
personnel systems that allow collective bargaining, as well as 
information provided by TSA, CBO estimates that such costs 
would total $11 million in 2010 and $61 million over the five-
year period, assuming appropriation of the necessary amounts.
    CBO cannot estimate the impact of potential changes in 
TSA's spending that might result from future negotiations with 
labor groups. Although those costs could be significant, 
particularly in future years, CBO has not included any such 
changes in this estimate.
    Intergovernmental and private-sector impact: H.R. 1881 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On August 31, 2009, CBO transmitted 
a cost estimate for H.R. 1881 as ordered reported by the House 
Committee on Homeland Security on July 9, 2009. The two 
versions of the legislation are identical, as are the estimated 
costs.
    Estimate prepared by: Federal Costs: Barry Blom; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and 
existing law in which no change is proposed is shown in roman):

AVIATION AND TRANSPORTATION SECURITY ACT

           *       *       *       *       *       *       *



TITLE I--AVIATION SECURITY

           *       *       *       *       *       *       *


SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.

  (a) * * *

           *       *       *       *       *       *       *

  [(d) Screener Personnel.--Notwithstanding any other provision 
of law, the Under Secretary of Transportation for Security may 
employ, appoint, discipline, terminate, and fix the 
compensation, terms, and conditions of employment of Federal 
service for such a number of individuals as the Under Secretary 
determines to be necessary to carry out the screening functions 
of the Under Secretary under section 44901 of title 49, United 
States Code. The Under Secretary shall establish levels of 
compensation and other benefits for individuals so employed.]

           *       *       *       *       *       *       *

                              ----------                              


TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *



Sec. 114. Transportation Security Administration

  (a) * * *

           *       *       *       *       *       *       *

  [(n) Personnel Management System.--The personnel management 
system established by the Administrator of the Federal Aviation 
Administration under section 40122 shall apply to employees of 
the Transportation Security Administration, or, subject to the 
requirements of such section, the Under Secretary may make such 
modifications to the personnel management system with respect 
to such employees as the Under Secretary considers appropriate, 
such as adopting aspects of other personnel systems of the 
Department of Transportation.]

           *       *       *       *       *       *       *


           DISSENTING VIEWS OF RANKING MEMBER DARRELL E. ISSA

    Signed into law in November 2001, the Aviation and 
Transportation Security Act (PL 107-71) established the 
Transportation Security Administration (TSA), and gave the 
Administrator of the TSA total flexibility in administering an 
appropriate pay system to ensure that TSA was capable of 
fulfilling the critical mission of protecting the lives of 
Americans. Congress granted this flexibility because it was 
determined that collective bargaining was not compatible with 
the flexibility required to wage the war against terrorism.
    During the Committee's markup of H.R. 1881, Representative 
Mica, the Chairman of the Transportation and Infrastructure 
Committee's Aviation Subcommittee in 2001 spoke regarding the 
consideration of the Aviation and Transportation Security Act:

          We had a bipartisan agreement. It is ironic that one 
        day before the anniversary of that tragedy that struck 
        our Nation we undertake to undo a bipartisan agreement. 
        That bipartisan agreement was based on what we thought 
        was best for the Nation, and that was not to have 
        airport screeners under the protection of Title 5.

    The belief that this flexibility is imperative to TSA's 
function has been expressed by every TSA Administrator. H.R. 
1881, however, would remove this pay structure flexibility. It 
does so while TSA only has an Acting Administrator, and as such 
has not taken an official position which differs from its 
previous claim that requiring TSA to become part of Title V 
would ``ultimately reduce transportation security.''\1\ This 
legislation is therefore premature, and seeks to limit 
authority granted to the TSA Administrator without the 
Administrator's input. In addition, the Committee did not hold 
any hearings on this matter, nor did it receive the view of the 
Administration regarding this provision. The most appropriate 
course of action would be to allow the new TSA Administrator, 
once confirmed, to participate in this discussion.
---------------------------------------------------------------------------
    \1\Written testimony submitted by Assistant Secretary, 
Transportation Security Administration, Kip Hawley before the Senate 
Homeland Security and Government Affairs Subcommittee on Oversight of 
Government Management, the Federal Workforces, and the District of 
Columbia hearing entitled, ``Transportation Security Administration 
Personnel System,'' March 5, 2007.
---------------------------------------------------------------------------
    TSA established a pay for performance plan the Performance 
Accountability and Standards System (PASS)--in 2005 at the 
request of TSA employees, including Transportation Security 
Officers, who participated in six regional focus groups. These 
employees wanted more than just a passing or failing grade for 
their technical proficiency. They wanted to be recognized for 
positive performances on annual assessments. Employees meeting 
or exceeding TSA standards receive performance-based pay raises 
and/or lump-sum bonuses.
    There appears to be little indication from TSA employees 
that the PASS system is in any way problematic. During the most 
recent performance evaluations of TSA employees, only one 
percent received a rating of ``Does Not Meet Standards.''
    The Congressional Budget Office estimated that H.R. 1881 
would increase discretionary spending $690 million from fiscal 
year 2010 through fiscal year 2014. Given the cost associated 
with this legislation, the lack of an Administration position 
and the fact that this Committee has not held a hearing on the 
measure, the Committee Minority is opposed to H.R. 1881.
                                                   Darrell E. Issa.

                                  
