memorandum of agreement between transporation security ...
MEMORANDUM OF AGREEMENT
BETWEEN
TRANSPORATION SECURITY ADMINISTRATION
AND
MERIT SYSTEMS PROTECTION BOARD
1. PARTIES. The parties to this Memorandum of Agreement (MOA) are the Transportation Security Administration (TSA) and the Merit Systems Protection Board (MSPB). 2. AUTHORITIES. Pursuant to 49 U.S.c. ยงยง 106(m) and 114(m), TSA and the MSPB have the authority to enter into contracts for services, personnel , and facilities of other Federal agencies. 3. PURPOSE. The purpose of this MOA is to set forth a general framework for MSPB authority to adjudicate allegations of retaliation due to whistleblower disclosures made through Individual Right of Action Appeals (IRAs) and related addendum actions filed by Transportation Security Officers (TSOs) employed by TSA or applicants for employment as TSOs at TSA. Detailed procedures and agreements will be included in a future inter-agency agreement between the MSPB and TSA. 4. RESPONSIBILITIES. A. TSA will comply with all provisions of 5 C.F.R. Part 1201, except as modified by TSA and set forth in a written agreement between the MSPB and TSA. B. The MSPB will adjudicate TSO IRAs consistent with 5 C.F .R. Part 1201, except as modified by the aforementioned written agreement between the MSPB and TSA. C. The MSPB and TSA will agree to specific procedures governing the processing ofTSO IRAs. TSA will issue a directive or directives incorporating these procedures, and the procedures will be incorporated by reference into this MOA. D. TSA will reimburse the MSPB for the MSPB's costs of adjudicating TSO IRAs. The MSPB agrees to provide TSA with information regarding such costs. 5. SENSITIVE SECURITY INFORMATION. TSO IRAs to the MSPB may involve testimony and documents that constitute or contain Sensitive Security Information subject to the protections of 49 C.F.R. Part 1520.
6. POINTS OF CONTACT . A. For TS A: Bonnie Osler, Deputy Chie f Counsel (Litigation), 601 South 12th Street, TSA-2, Arlington, VA 222 02. Phone: 571 2272712; Fax: 571 22 7 1377; email: bonn [email protected]. B. For MSPB : B. Chad Bungard, General Counsel, 1615 M Street, NW , Washington, D.C. 204 19. Phone: 202 6536772 ext. 1286 ; Fax : 202 653 7207 ; email : [email protected].
7. RIGHTS AND BENEFITS. Nothing in this MOA is intended to diminish or otherwise affect the authority of the parties to this agreement to carry out their statutory, regulatory , or other official functions , nor is the MOA intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies or officers, state agencies, or officers carrying out pro grams authorized by federal law , or any other person. 8. TERMINATION. Either part y upon 30 days written notice to the other part y may terminate the MO A. 9. APPROVED BY :
MERIT SYSTEMS PROTECTION BOARD
Neil A. G. McPhie Chairman Merit Systems Protection Board Dated: February ~ , , 2008
TRANSPORTATION SECURITY ADMINISTRATION
Edm~
Administrator Transportation Security Administration U.S. Department of Homeland Security Dated: February l S', 2008
BETWEEN
TRANSPORATION SECURITY ADMINISTRATION
AND
MERIT SYSTEMS PROTECTION BOARD
1. PARTIES. The parties to this Memorandum of Agreement (MOA) are the Transportation Security Administration (TSA) and the Merit Systems Protection Board (MSPB). 2. AUTHORITIES. Pursuant to 49 U.S.c. ยงยง 106(m) and 114(m), TSA and the MSPB have the authority to enter into contracts for services, personnel , and facilities of other Federal agencies. 3. PURPOSE. The purpose of this MOA is to set forth a general framework for MSPB authority to adjudicate allegations of retaliation due to whistleblower disclosures made through Individual Right of Action Appeals (IRAs) and related addendum actions filed by Transportation Security Officers (TSOs) employed by TSA or applicants for employment as TSOs at TSA. Detailed procedures and agreements will be included in a future inter-agency agreement between the MSPB and TSA. 4. RESPONSIBILITIES. A. TSA will comply with all provisions of 5 C.F.R. Part 1201, except as modified by TSA and set forth in a written agreement between the MSPB and TSA. B. The MSPB will adjudicate TSO IRAs consistent with 5 C.F .R. Part 1201, except as modified by the aforementioned written agreement between the MSPB and TSA. C. The MSPB and TSA will agree to specific procedures governing the processing ofTSO IRAs. TSA will issue a directive or directives incorporating these procedures, and the procedures will be incorporated by reference into this MOA. D. TSA will reimburse the MSPB for the MSPB's costs of adjudicating TSO IRAs. The MSPB agrees to provide TSA with information regarding such costs. 5. SENSITIVE SECURITY INFORMATION. TSO IRAs to the MSPB may involve testimony and documents that constitute or contain Sensitive Security Information subject to the protections of 49 C.F.R. Part 1520.
6. POINTS OF CONTACT . A. For TS A: Bonnie Osler, Deputy Chie f Counsel (Litigation), 601 South 12th Street, TSA-2, Arlington, VA 222 02. Phone: 571 2272712; Fax: 571 22 7 1377; email: bonn [email protected]. B. For MSPB : B. Chad Bungard, General Counsel, 1615 M Street, NW , Washington, D.C. 204 19. Phone: 202 6536772 ext. 1286 ; Fax : 202 653 7207 ; email : [email protected].
7. RIGHTS AND BENEFITS. Nothing in this MOA is intended to diminish or otherwise affect the authority of the parties to this agreement to carry out their statutory, regulatory , or other official functions , nor is the MOA intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies or officers, state agencies, or officers carrying out pro grams authorized by federal law , or any other person. 8. TERMINATION. Either part y upon 30 days written notice to the other part y may terminate the MO A. 9. APPROVED BY :
MERIT SYSTEMS PROTECTION BOARD
Neil A. G. McPhie Chairman Merit Systems Protection Board Dated: February ~ , , 2008
TRANSPORTATION SECURITY ADMINISTRATION
Edm~
Administrator Transportation Security Administration U.S. Department of Homeland Security Dated: February l S', 2008
