[Congressional Record (Bound Edition), Volume 155 (2009), Part 8]
[Extensions of Remarks]
[Page 10008]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF A BILL TO BRING PARITY TO TSA EMPLOYEES

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                           HON. NITA M. LOWEY

                              of new york

                    in the house of representatives

                        Thursday, April 2, 2009

  Mrs. LOWEY. Madam Speaker, I am pleased to join Chairman Thompson and 
Congresswoman Jackson-Lee in introducing today a bill that will bring 
parity to Transportation Security Administration (TSA) employees and 
ensures security. This legislation would provide the same rights to all 
TSA employees, including the Transportation Security Officers (TSOs) 
(i.e., screeners), as those already enjoyed by employees at the 
Department of Homeland Security (DHS) and numerous front-line security 
agencies throughout the country, including state law enforcement 
agencies.
  In the 110th Congress, The Committee on Homeland Security worked to 
give a broad range of rights to the Transportation Security 
Administration workforce in H.R. 1, Implementing the Recommendations of 
the 9/11 Commission Act of 2007. Basic workplace protections and 
collective bargaining rights were a key part of this effort. While the 
House passed these important measures and the Senate followed suit, to 
avoid a veto from the Bush Administration, these protections were 
stripped from the conference report. This bill renews and improves upon 
this effort by increasing the quality of the entire TSA workforce and 
not just a smaller part of it. This bill will increase security by 
improving workforce morale and employee retention, and will put workers 
in a position to expose security gaps and put TSA on par with other DHS 
components.
  In 2001, when TSA was created, Congress provided discretionary 
authority allowing TSA to create different classes of employees, each 
with different rights and protections. Specifically, the 107th Congress 
and President Bush gave the TSA Administrator the discretionary 
authority to set up two different TSAs. One group of TSA employees 
would be given one set of rights and the other group, the TSOs (i.e., 
screeners), could be treated differently, with respect to conditions 
and benefits of employment, discipline, compensation, leave, and other 
basic employment rights.
  Under then TSA Administrator, Admiral James Loy, the Bush 
Administration exercised discretionary authority to create two classes 
of TSA employees by denying the TSOs certain employment rights. While 
this discretionary authority helped quickly establish and stand-up TSA, 
as intended by the 107th Congress and the Bush Administration, it was, 
and continues to be the impetus for low employee morale and diminished 
transportation security.
  From survey results to testimony over the past several years, we have 
seen that the TSA workforce is frustrated by the lack of recognition 
and rewards for performance and promotion practices, confused by 
different policies and procedures on leave, training, and other 
administrative matters.
  On March 5, 2009, a House Homeland Security Subcommittee received 
testimony from employee representatives of the workforce. All of TSA 
operates under a separate personnel system than other DHS components. 
Further, the ISO workforce is not allowed to collectively bargain in 
contrast with the CBP workforce and others across the Federal 
government, including state law enforcement. These discrepancies and 
differences lead to confusion, frustration and further erode morale.
  The time for personnel experiments is now over. The employees of TSA 
deserve to be treated like their fellow employees in the DHS and across 
the Federal government--fairly and equitably. Providing basic 
employment protections and rights is critical to instill confidence in 
the workforce. The time for two classes of TSA employees is over--this 
bill eliminates this dichotomy.
  This legislation brings parity to the TSA workforce. The bill affords 
the workforce the same rights and protections their colleagues across 
the Federal government and the Department enjoy under Title 5 of the 
United States Code and other civil service laws such as provisions of 
the Federal Labor Standards Act, Equal Pay Act, Age Discrimination in 
Employment Act and the Rehabilitation Act, among others.
  The legislation aims to transition the 60,000 plus TSA workforce in a 
responsible way from its current and varied personnel systems to that 
of Title 5. It provides the Secretary and Assistant Secretary the 
discretion on how and when to move to the new system, although not 
later than 60 days after the date of enactment. It also provides a 
window for the transition to allow for consultation with employee 
representatives and communication with the workforce. Further, it 
ensures that no employee will lose any pay, accrued leave or health 
benefit that is currently afforded to them.
  To truly provide comprehensive transportation security, it must start 
with those who provide the security--in this case all TSA employees, 
including the TSOs. We must set up a system where all TSA employees are 
protected, otherwise we will have a system that treats colleagues 
differently and remains inefficient to the extent of hindering 
transportation security. In the end, by creating one TSA as a part of a 
one DHS the American public truly receives national security.
  We look forward to working with our colleagues to put the TSA 
workforce in a system that has stood the test of time and shown itself 
to be fair and equitable.

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