[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2686 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2686

To strengthen national security by providing whistleblower protections 
       to certain employees at airports, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2002

Mr. Grassley (for himself and Mr. Levin) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To strengthen national security by providing whistleblower protections 
       to certain employees at airports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Employee Whistleblower 
Protection Act of 2002''.

SEC. 2. WHISTLEBLOWER PROTECTION FOR CERTAIN AIRPORT EMPLOYEES.

    (a) In General.--Section 42121(a) of title 49, United States Code, 
is amended--
            (1) by striking ``(a) Discrimination Against Airline 
        Employees.--No air carrier or contractor or subcontractor of an 
        air carrier'' and inserting the following:
    ``(a) Discrimination Against Employees.--
            ``(1) In general.--No air carrier, contractor, 
        subcontractor, or employer described under paragraph (2)'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively; and
            (3) by adding at the end the following:
            ``(2) Applicable employers.--Paragraph (1) shall apply to--
                    ``(A) an air carrier or contractor or subcontractor 
                of an air carrier;
                    ``(B) an employer of airport security screening 
                personnel, other than the Federal Government, including 
                a State or municipal government, or an airport 
                authority, or a contractor of such government or 
                airport authority; or
                    ``(C) an employer of private screening personnel 
                described in section 44919 or 44920 of this title.''.
    (b) Technical and Conforming Amendments.--Section 42121(b)(2)(B) of 
title 49, United States Code, is amended--
            (1) in clause (i), by striking ``paragraphs (1) through (4) 
        of subsection (a)'' and inserting ``subparagraphs (A) through 
        (D) of subsection (a)(1)''; and
            (2) in clause (iii), by striking ``paragraphs (1) through 
        (4) of subsection (a)'' and inserting ``subparagraphs (A) 
        through (D) of subsection (a)(1)''.

SEC. 3. WHISTLEBLOWER PROTECTION FOR FEDERAL EMPLOYEES WHO ARE AIRPORT 
              SECURITY SCREENERS.

    Section 111(d) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620; 49 U.S.C. 44935 note) is amended--
            (1) by striking ``(d) Screener Personnel.--Notwithstanding 
        any other provision of law,'' and inserting the following:
    ``(d) Screener Personnel.--
            ``(1) In general.--Notwithstanding any other provision of 
        law (except as provided under paragraph (2)),''; and
            (2) by adding at the end the following:
            ``(2) Whistleblower protection.--
                    ``(A) Definition.--In this paragraph, the term 
                ``security screener'' means--
                            ``(i) any Federal employee hired as a 
                        security screener under subsection (e) of 
                        section 44935 of title 49, United States Code, 
                        or
                            ``(ii) an applicant for the position of a 
                        security screener under that subsection.
                    ``(B) In general.--Notwithstanding subparagraph 
                (A)--
                            ``(i) section 2302(b)(8) of title 5, United 
                        States Code, shall apply with respect to any 
                        security screener; and
                            ``(ii) chapters 12, 23, and 75 of that 
                        title shall apply with respect to a security 
                        screener to the extent necessary to implement 
                        clause (i).
                    ``(C) Covered position.--The President may not 
                exclude the position of security screener as a covered 
                position under section 2302(a)(2)(B)(ii) of title 5, 
                United States Code, to the extent that such exclusion 
                would prevent the implementation of subparagraph (B) of 
                this paragraph.''.
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