[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3525

   To enhance the security operations of the Transportation Security 
    Administration and the stability of the transportation security 
workforce by applying a unified personnel system under title 5, United 
States Code, to employees of the Transportation Security Administration 
  who are responsible for screening passengers and property, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2016

   Mr. Schatz (for himself, Mr. Brown, Mr. Merkley, Ms. Warren, Mr. 
   Franken, Mr. Peters, Mr. Tester, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To enhance the security operations of the Transportation Security 
    Administration and the stability of the transportation security 
workforce by applying a unified personnel system under title 5, United 
States Code, to employees of the Transportation Security Administration 
  who are responsible for screening passengers and property, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Strengthening 
American Transportation Security Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Conversion of screening personnel.
Sec. 5. Transition rules.
Sec. 6. Consultation requirement.
Sec. 7. No right to strike.
Sec. 8. Regulations.
Sec. 9. Delegations to Administrator.
Sec. 10. Authorization of appropriations.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) On September 11, 2001, 19 terrorists, who underwent 
        airport security screening prior to boarding domestic flights, 
        were able to commandeer 4 airplanes and use those airplanes to 
        perpetrate the most deadly terrorist attack ever to be executed 
        on United States soil.
            (2) In the aftermath of those attacks, Congress passed the 
        Aviation and Transportation Security Act (Public Law 107-71), 
        which was signed into law by President George W. Bush on 
        November 19, 2001--
                    (A) to enhance the level of security screening 
                throughout our aviation system; and
                    (B) to transfer responsibility for such screening 
                from the private sector to the newly established 
                Transportation Security Administration (referred to in 
                this section as ``TSA'').
            (3) By establishing TSA, Congress and the American public 
        recognized that the highest level of screener performance was 
        directly linked to employment and training standards, pay and 
        benefits, and the creation of an experienced, committed 
        screening workforce.
            (4) Section 111(d) of the Aviation and Transportation 
        Security Act (49 U.S.C. 44935 note) authorizes the Under 
        Secretary of Transportation for Security to ``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 functions of the TSA were transferred to the 
        Department of Homeland Security by section 403 of the Homeland 
        Security Act of 2002 (6 U.S.C. 203).
            (5) TSA has interpreted the authorization set forth in 
        paragraph (4) as applying to the majority of the Transportation 
        Security Officer workforce performing screening functions, 
        while all other Transportation Security Administration 
        employees, including managers, are subject to title 5, United 
        States Code, as incorporated in title 49 of such Code.
            (6) In November 2006, the International Labor Organization 
        ruled that the Bush Administration violated international labor 
        law when it prohibited Transportation Security Officers from 
        engaging in collective bargaining.
            (7) After the Federal Labor Relations Board approved a 
        petition for the election of an exclusive representative, on 
        February 4, 2011, TSA Administrator John Pistole issued a 
        binding determination stating that ``it is critical that every 
        TSA employee feels that he or she has a voice and feels safe 
        raising issues and concerns of all kinds. This is important not 
        just for morale; engagement of every employee is critically 
        important for security.''.
            (8) This determination was superseded by a second 
        determination issued on December 29, 2014, which changed the 
        previous guideline for collective bargaining and resulting in 
        limitations in the subjects that can be bargained, issues in 
        dispute that may be raised to an independent, third-party 
        neutral decisionmaker (such as an arbitrator or the Merit 
        Systems Protection Board), and barriers to union representation 
        of the Transportation Security Officer workforce.
            (9) The 2011 and 2014 determinations both cited TSA's 
        authority under section 111(d) of the Aviation and 
        Transportation Security Act (49 U.S.C. 44935 note) to create a 
        personnel system that denies the Transportation Security 
        Officer workforce the rights under title 5, United States Code, 
        that are provided to most other Federal workers, including--
                    (A) the right to appeal adverse personnel decisions 
                to the Merit Systems Protection Board;
                    (B) fair pay under the General Services wage 
                system, 2011;
                    (C) fair pay and raises under the General Services 
                wage system, including overtime guidelines, access to 
                earned leave;
                    (D) the application of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 201 et seq.);
                    (E) fair performance appraisals under chapter 73 of 
                title 5, United States Code; and
                    (F) direct protections against employment 
                discrimination set forth in title 7, United States 
                Code.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the personnel system utilized by the Transportation 
        Security Administration pursuant to section 111(d) of the 
        Aviation and Transportation Security Act (49 U.S.C. 44935 note) 
        provides insufficient workplace protections for the 
        Transportation Security Officer workforce, who are the 
        frontline personnel who secure our Nation's aviation system; 
        and
            (2) such personnel should be entitled to the protections 
        under title 5, United States Code.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        official within the Department of Homeland Security who is 
        responsible for overseeing and implementing transportation 
        security pursuant to the Aviation and Transportation Security 
        Act, whether designated as the Assistant Secretary of Homeland 
        Security (Transportation Security Administration), the 
        Administrator of the Transportation Security Administration, 
        the Undersecretary of Transportation for Security, or 
        otherwise.
            (2) Agency.--The term ``agency'' means an Executive agency, 
        as defined by section 105 of title 5, United States Code.
            (3) Conversion date.--The term ``conversion date'' means 
        the date as of which paragraphs (1) through (3) of section 3(b) 
        take effect.
            (4) Covered employee.--The term ``covered employee'' means 
        an employee who holds a covered position.
            (5) Covered position.--The term ``covered position'' 
        means--
                    (A) a position within the Transportation Security 
                Administration; and
                    (B) any position within the Department of Homeland 
                Security, not described in subparagraph (A), the duties 
                and responsibilities of which involve providing 
                transportation security in furtherance of the purposes 
                of the Aviation and Transportation Security Act (Public 
                Law 107-71), as determined by the Secretary.
            (6) Employee.--The term ``employee'' has the meaning given 
        such term by section 2105 of title 5, United States Code.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (8) TSA personnel management system.--The term ``TSA 
        personnel management system'' means any personnel management 
        system established or modified under--
                    (A) section 111(d) of the Aviation and 
                Transportation Security Act (49 U.S.C. 44935 note); or
                    (B) section 114(n) of title 49, United States Code.

SEC. 4. CONVERSION OF SCREENING PERSONNEL.

    (a) Termination of Certain Personnel Authorities.--
            (1) TSA personal management system.--Section 114 of title 
        49, United States Code, is amended by striking subsection (n).
            (2) Termination of flexibility in employment of screener 
        personnel.--Section 111 of the Aviation and Transportation 
        Security Act (49 U.S.C. 44935 note) is amended by striking 
        subsection (d).
            (3) Human resources management system.--
                    (A) In general.--Section 9701 of title 5, United 
                States Code, is amended--
                            (i) by redesignating subsection (h) as 
                        subsection (i); and
                            (ii) by inserting after subsection (g) the 
                        following:
    ``(h) Limitation.--The human resources management system authorized 
under this section shall not apply to covered employees or covered 
positions (as such terms are defined in section 3 of the Strengthening 
American Transportation Security Act of 2016).''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect on the date set 
                forth in subsection (b).
    (b) Covered Employees and Positions Made Subject to Same Personnel 
Management System as Applies to Civil Service Employees Generally.--On 
the earlier of a date determined by the Secretary or 60 days after the 
date of the enactment of this Act--
            (1) all TSA personnel management personnel policies, 
        directives, letters, and guidelines, including the 
        Determinations of February 2011 and December 2014 shall cease 
        to be effective;
            (2) any human resources management system established or 
        adjusted under section 9701 of title 5, United States Code, 
        shall cease to be effective with respect to covered employees 
        and covered positions; and
            (3) covered employees and covered positions shall become 
        subject to the applicable labor provisions under title 49, 
        United States Code.

SEC. 5. TRANSITION RULES.

    (a) Nonreduction in Rate of Pay.--Any conversion of an employee 
from a TSA personnel management system to the provisions of law 
referred to in section 4(b)(3) shall be effected, under pay conversion 
rules prescribed by the Secretary, without any reduction in the rate of 
basic pay payable to such employee.
    (b) Preservation of Other Rights.--The Secretary shall take any 
necessary actions to ensure, for any covered employee as of the 
conversion date, that--
            (1) all service performed by such covered employee before 
        the conversion date is credited in the determination of such 
        employee's length of service for purposes of applying the 
        provisions of law governing leave, pay, group life and health 
        insurance, severance pay, tenure, and status, which are made 
        applicable to such employee under section 4(b)(3);
            (2) all annual leave, sick leave, or other paid leave 
        accrued, accumulated, or otherwise available to the covered 
        employee immediately before the conversion date remains 
        available to the employee, until used, while the employee 
        remains continuously employed by the Department of Homeland 
        Security; and
            (3) the Government share of any premiums or other periodic 
        charges under the provisions of law governing group health 
        insurance remains at the level in effect immediately before the 
        conversion date while the employee remains continuously 
        employed by the Department of Homeland Security.

SEC. 6. CONSULTATION REQUIREMENT.

    (a) Exclusive Representative.--The labor organization certified by 
the Federal Labor Relations Authority on June 29, 2011, or successor 
organization shall be deemed the exclusive representative of full- and 
part-time nonsupervisory personnel carrying out screening functions 
under section 44901 of title 49, United States Code under chapter 71 of 
title 5, United States Code, with full rights under such chapter 71.
    (b) Consultation Rights.--Not later than 14 days after the date of 
the enactment of this Act, the Secretary shall--
            (1) consult with the exclusive representative for employees 
        under chapter 71 of title 5, United States Code, on the 
        formulation of plans and deadlines to carry out the conversion 
        of covered employees and covered positions under this Act; and
            (2) provide final written plans to the exclusive 
        representative on how the Secretary intends to carry out the 
        conversion of covered employees and covered positions under 
        this Act, including with respect to--
                    (A) the proposed conversion date; and
                    (B) measures to ensure compliance with section 5.
    (c) Required Agency Response.--If any views or recommendations are 
presented under subsection (b)(2) by the exclusive representative, the 
Secretary shall consider the views or recommendations before taking 
final action on any matter with respect to which the views or 
recommendations are presented and provide the exclusive representative 
a written statement of the reasons for the final actions to be taken.
    (d) Sunset Provision.--The provisions of this section shall cease 
to be effective as of the conversion date.

SEC. 7. NO RIGHT TO STRIKE.

    Nothing in this Act may be construed--
            (1) to repeal or otherwise affect--
                    (A) section 1918 of title 18, United States Code 
                (relating to disloyalty and asserting the right to 
                strike against the Government); or
                    (B) section 7311 of title 5, United States Code 
                (relating to loyalty and striking); or
            (2) to otherwise authorize any activity which is not 
        permitted under either provision of law cited in paragraph (1).

SEC. 8. REGULATIONS.

    The Secretary may prescribe any regulations that may be necessary 
to carry out this Act.

SEC. 9. DELEGATIONS TO ADMINISTRATOR.

    The Secretary may, with respect to any authority or function vested 
in the Secretary under any of the preceding provisions of this Act, 
delegate any such authority or function to the Administrator of the 
Transportation Security Administration under such terms, conditions, 
and limitations, including the power of redelegation, as the Secretary 
considers appropriate.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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