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[From the U.S. Government Publishing Office]


112th Congress                                            Rept. 112-487
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================
 
 TO REQUIRE THE TRANSPORTATION SECURITY ADMINISTRATION TO COMPLY WITH 
     THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

                                _______
                                

                  May 18, 2012.--Ordered to be printed

                                _______
                                

    Mr. Miller of Florida, from the Committee on Veterans' Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3670]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 3670) to require the Transportation Security 
Administration to comply with the Uniformed Services Employment 
and Reemployment Rights Act, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Subcommittee Consideration.......................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Earmarks and Tax and Tariff Benefits.............................     3
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill as Reported.............     5

                          Purpose and Summary

    H.R. 3670 was introduced on December 14, 2011, by 
Representative Timothy J. Walz of Minnesota. H.R. 3670 would 
require the U.S. Transportation Security Administration (TSA) 
to comply with the Uniformed Services Employment and 
Reemployment Rights Act (USERRA).

                  Background and Need for Legislation

    Soon after the attacks of September 11, 2001, TSA was given 
USERRA exemption to allow the agency to hire new employees 
without delay for airport screenings. USERRA is a law that 
protects the reemployment rights of servicemembers so they are 
able to keep their job, benefits, and seniority in their 
civilian job if they are called up to Active Duty. Over the 
past 10 years, TSA has voluntarily adopted some USERRA 
provisions for their employees. After a decade, TSA no longer 
requires special hiring authorities that it required when newly 
created. With more than 10,000 veterans among the agency's 
employees, representing 20 percent of the Transportation 
Security Officer workforce, TSA, like any other federal agency, 
should be required to comply with the same USERRA rules as 
other Federal agencies and private employers.
    While TSA's goal is to enact security procedures for 
security checkpoints at our nation's airports, maximizing 
transportation security, compliance with USERRA is not an 
impediment to TSA's efforts. In fact, providing USERRA rights 
to servicemembers employed by TSA should bring a level of 
stability to that workforce. H.R. 3670 would amend the Aviation 
and Transportation Security Act (49 U.S.C. 44935 note; Public 
Law 107-71; 115 Stat. 597) to require the TSA to be fully 
compliant with USERRA. In testimony submitted for the record on 
H.R. 3670, TSA stated that its current practice already 
conforms to the requirements H.R. 3670 would put in statute. 
Therefore, enactment of H.R. 3670 would ensure existing 
protections could not be weakened by a change in Administration 
rules or regulations.

                                Hearings

    On March 8, 2012, the Subcommittee on Economic Opportunity 
conducted a legislative hearing on various bills introduced 
during the 112th Congress, including H.R. 3670. The following 
witnesses testified:
    Mr. Richard F. Weidman, Executive Director for Policy and 
Government Affairs of Vietnam Veterans of America; Mr. Ryan M. 
Gallucci, Deputy Director, National Legislative Service of the 
Veterans of Foreign Wars of the United States; Mr. Steve L. 
Gonzalez, Assistant Director, National Economic Commission of 
The American Legion; Mr. Jason R. Thigpen, Co-Founder and 
President of Student Veterans Advocacy Group; The Honorable 
Steve Gunderson, President and CEO for the Association of 
Private Sector Colleges and Universities (APSCU); Dr. Allen L. 
Sessoms, President of University of the District of Columbia on 
behalf of American Association of State Colleges and 
Universities (AASCU); Mr. Curtis L. Coy, Deputy Under Secretary 
for Economic Opportunity of the Veterans Benefits 
Administration, U.S. Department of Veterans Affairs, MG Ronald 
G. Young USA (Ret.), Director of Family and Employer Program 
and Policy, U.S. Department of Defense; and Mr. Ismael 
``Junior'' Ortiz, Deputy Assistant Secretary of the Veterans' 
Employment and Training Service, U.S. Department of Labor.
    The following groups or individuals provided statements for 
the record: The Honorable G. K. Butterfield; The Honorable Mike 
McIntyre; U.S. Transportation Security Administration; Mr. 
Terry ``T.P.'' O'Mahoney, Chairman of the Texas Veterans 
Commission; Dr. R. Scott Ralls President of the North Carolina 
Community College System; Iraq and Afghanistan Veterans of 
America; Disabled American Veterans; and Paralyzed Veterans of 
America.

                       Subcommittee Consideration

    On March 28, 2012, the Subcommittee on Economic Opportunity 
met in an open markup session and ordered favorably forwarded 
to the full Committee H.R. 3670, by voice vote.

                        Committee Consideration

    On April 27, 2012, the full Committee met in an open markup 
session, a quorum being present and ordered reported favorably 
to the whole House of Representatives H.R. 3670, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report the legislation and amendments thereto. 
There were no record votes taken on amendments or in connection 
with ordering H.R. 3670 reported to the House. A motion by Ms. 
Corrine Brown of Florida to order H.R. 3670 reported favorably 
to the House of Representatives was agreed to by voice vote.

                      Committee Oversight Findings

    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.

         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.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 3670 does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
3670, prepared by the Director of the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 3670, provided by the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974:

                                                      May 10, 2012.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3670, a bill to 
require the Transportation Security Administration to comply 
with the Uniformed Services Employment and Reemployment Rights 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3670--A bill to require the Transportation Security Administration 
        to comply with the Uniformed Services Employment and 
        Reemployment Rights Act

    Under current law, the Transportation Security 
Administration (TSA) is not required to comply with certain 
provisions of federal labor laws, including the Uniformed 
Services Employment and Reemployment Rights Act (USERRA). That 
law specifies certain rights for individuals who serve in the 
uniformed services, including those in the reserves or the 
National Guard who are called to active duty. In particular, 
USERRA prohibits employers from discriminating on the basis of 
military service or obligation and protects covered 
individuals' rights to be reemployed upon returning from duty.
    H.R. 3670 would require TSA to comply with USERRA. 
According to TSA, the agency's existing policies regarding 
individuals who leave TSA to undertake uniformed service are 
already consistent with USERRA. As a result, CBO estimates that 
H.R. 3670 would not significantly affect the agency's costs. 
Enacting the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 3670 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 3670, prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
3670.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, the reported bill is authorized by Congress' 
power to ``provide for the common Defense and general Welfare 
of the United States.''

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Applicability of the Uniformed Services Employment and 
        Reemployment Right Act to the Transportation Security 
        Administration

    This section would amend the Aviation and Transportation 
Security Act of 2001 (49 U.S.C. 44935) to require the Under 
Secretary of Transportation for Security to comply with the 
Uniformed Services Employment and Reemployment Rights Act as 
set forth in chapter 43, of title 38 United States Code.

         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, new 
matter is printed in italic, 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]
          (1) General authority.--Except as provided in 
        paragraph (2), and 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.
          (2) Uniformed services employment and reemployment 
        rights act.--In carrying out the functions authorized 
        under paragraph (1), the Under Secretary shall be 
        subject to the provisions set forth in chapter 43 of 
        title 38, United States Code.

           *       *       *       *       *       *       *