H. Rept. 112-487 - TO REQUIRE THE TRANSPORTATION SECURITY ADMINISTRATION TO COMPLY WITH THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT112th Congress (2011-2012)
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112th Congress Rept. 112-487
HOUSE OF REPRESENTATIVES
2d Session Part 1
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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.
* * * * * * *
