[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[Senate]
[Pages S8603-S8604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LIEBERMAN (for himself, Mr. Blumenthal, Ms. Collins, Mr.
Burr, Mr. Akaka, Mr. Tester, and Ms. Landrieu):
S. 1990. A bill to require the Transportation Security Administration
to comply with the Uniformed Services Employment and Reemployment
Rights Act; to the Committee on Commerce, Science, and Transportation.
Mr. LIEBERMAN. Mr. President, I rise to introduce legislation that
would guarantee the jobs of Transportation Service Officers, TSO, who
are called to active military duty, putting them on the same playing
field as every other civilian employee called up to serve their nation
in the uniformed services in times of need.
I want to thank my cosponsors for their support of this measure,
including my colleague from Connecticut, Senator Richard Blumenthal,
and the Ranking Member of the Homeland Security and Governmental
Affairs Committee, Senator Susan Collins. Other cosponsors include
Senators Burr, Akaka, Tester and Landrieu.
This is a very simple and straightforward bill that would close a
loophole in the law that leaves Transportation Security Officers called
to full time military service vulnerable to dismissal from their jobs
upon return to civilian life.
The jobs of all other non-military public and private sector
employees called up to active duty are protected under the Uniformed
Services Employment and Reemployment Rights Act of 1994, USERRA. USERRA
entitles a reservist, a member of the National Guard, or a veteran who
is called to duty to return to their civilian jobs once their service
is complete. The service member must meet certain, basic requirements,
such as providing advance notice to their employer of their impending
service and missing no more than 5 years of work under any one employer
due to their service.
According to the law itself, the purpose of USERRA is to ``encourage
non-career service in the uniformed services by eliminating or
minimizing the disadvantages to civilian careers and employment which
can result from such service.''
The law also minimizes the disruption to those who are called up to
service by providing for their prompt reemployment when they return to
civilian life and protects them from discrimination based on their
active duty in the uniformed services.
This is simple fairness to those with the courage, determination, and
love of country to serve in the uniformed services beyond any required
service or normal tour of duty, and certainly at an age older than most
soldiers.
TSOs, however, are not statutorily protected against dismissal from
their jobs upon return from military service. In the aftermath of 9/11,
when Congress moved with lightening speed to strengthen the safety of
air travel, we provided the Transportation Security Administration with
the broad authority it would need to hire and deploy
[[Page S8604]]
tens of thousands of new workers in a matter of weeks. TSOs became a
select category of federal employees who were considered vital to
the national security, and because of the unusual circumstances and
broad authority given to TSA, they were exempted from many labor laws.
The Aviation and Transportation Security Act, ATSA, passed in
November 2001, gives the TSA Administrator authority over all terms and
conditions of a TSO's employment. Specifically, Section 111(d) of ATSA
states: ``notwithstanding any other provision of law, the
Undersecretary for Transportation Security may employ, appoint,
discipline, terminate, and fix terms and conditions of employment . . .
as the Undersecretary determines to be necessary.''
The Transportation Security Administration employs 3,500 reservists
and another 15,000 veterans. The agency frequently recruits veterans,
reservists, and members of the National Guard and benefits from their
employment. We should make it easier for TSA to attract the best and
brightest to its ranks, by ensuring these men and women have the job
protections they need and deserve.
TSA has said that it complies administratively and voluntarily with
USERRA. But without the force of law, reservists and National Guard
members cannot count on redress if they believe TSA has violated
USERRA.
According to The Veterans of Foreign Wars, at least two TSOs so far
have tried to appeal TSA actions based on perceived violations of
USERRA. Both were thwarted in their efforts when the Office of Special
Counsel and the Merit System Protection Board ruled that Section 111(d)
of ATSA bars TSOs from USERRA coverage.
TSOs find themselves in a clearly unjust and inadvertent position.
Therefore, the legislation my colleagues and I are introducing today
would simply require TSA to comply with USERRA, providing TSOs the
statutory protection of reemployment to which every other type of
worker, in the private or public sectors, is eligible.
I ask my colleagues for their support to right this unintentional
wrong.
Mr. President, I ask unanimous consent that the text of the bill be
printed into the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1990
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. APPLICABILITY OF THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT TO THE
TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note; Public Law
107-71) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) General authority.--Except as provided in paragraph
(2), and notwithstanding''; and
(2) by adding at the end the following:
``(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.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 270 days after the date
of the enactment of this Act.
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