Bill Summary
This legislation, titled the "Strengthening American Transportation Security Act of 2019," aims to improve the security operations of the Transportation Security Administration (TSA) and create a more stable workforce by applying a unified personnel system under title 5 of the United States Code. This new system would apply to all employees responsible for screening passengers and property. The legislation also acknowledges the need for increased security measures following the terrorist attacks on September 11, 2001 and the importance of a strong and experienced TSA workforce. It addresses the current issue of transportation security officers not being able to engage in collective bargaining and calls for them to be granted the same rights and protections as other federal workers under title 5. The legislation also includes transition rules to ensure a smooth conversion of employees to the new personnel system and requires the Secretary to consult with the exclusive representative of the transportation security officer workforce. It also states that employees are not authorized to strike and gives the Secretary the power to delegate responsibilities to the Administrator of the TSA. The legislation is authorized to receive funding as needed.
Possible Impacts
1. If this bill is passed, it could lead to better working conditions and pay for transportation security officers, as they would be entitled to the same protections and benefits as other federal employees under title 5, United States Code.
2. This legislation could also potentially lead to increased security at airports, as it aims to enhance the performance and training standards of transportation security officers.
3. On the other hand, this bill could also face opposition from the Bush Administration and other groups who may argue that it violates international labor laws and undermines the authority of the Transportation Security Administration.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 944
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
March 28, 2019
Mr. Schatz (for himself, Mr. Blumenthal, Mr. Brown, Mr. Cardin, Mr.
Durbin, Mr. Markey, Mr. Menendez, Mrs. Murray, Mr. Peters, Ms. Rosen,
Ms. Smith, Ms. Stabenow, Mr. Van Hollen, and Ms. Warren) 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 2019''.
(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. Representation of screening personnel.
Sec. 7. No right to strike.
Sec. 8. Rulemaking.
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;
115 Stat. 597), which was signed into law by President George
W. Bush on November 19, 2001--
(A) to enhance the level of security screening
throughout the Nation's aviation system; and
(B) to transfer responsibility for such screening
from the private sector to the newly established
Transportation Security Administration (in this section
referred to 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 TSA were transferred to the Department
of Homeland Security under section 403 of the Homeland Security
Act of 2002 (6 U.S.C. 203).
(5) TSA has interpreted the authorization described in
paragraph (4) as applying to all of the transportation security
officer workforce performing screening functions, while all
other TSA 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 Labour 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, ``[I]t 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) That determination was superseded by subsequent
determinations issued in 2014 and 2016 that continued to limit
the scope of the bargaining and review process.
(9) The 2011, 2014, and 2016 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,
which 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 Schedule pay system;
(C) fair performance appraisals under chapter 73 of
title 5, United States Code; and
(D) statutory protections against employment
discrimination set forth in title 5, United States
Code.
(10) Every day, transportation security officers put their
safety on the line to protect the flying public and on November
1, 2013, a transportation security officer, Gerardo Hernandez,
gave his life to protect the flying public when he was killed
by a gunman who attacked the Los Angeles International Airport.
(11) Transportation security officers are vital to aviation
security and have kept the United States aviation system
secure, even during lapses in appropriations, when they were
not paid. For 16 days in 2013, 3 days in 2018, and, most
recently, 35 days at the end of 2018 through early 2019, the
TSA workforce worked without pay alongside airplane safety
specialists, air traffic controllers, and other Federal workers
responsible for the aviation security and safety framework that
has protected United States air travel since 2001.
(12) The adverse impact of 2 missed paychecks during the
shutdown that took place between December 22, 2018, and January
25, 2019, was felt disproportionately by the transportation
security officer workforce, with many officers receiving
starting annual salaries as low as $35,000.
(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 the 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 Under Secretary 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 4(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; 115 Stat. 597), 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 personnel 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.--Section 9701 of
title 5, United States Code, is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) 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 2019).''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the conversion date.
(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 system policies,
directives, letters, and guidelines (including the
determinations of the Administrator described in paragraphs
(7), (8), and (9) of section 2(a)) 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
pay payable to the 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 the covered employee before
the conversion date is credited in the determination of the
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 the 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 until the end
of the applicable contract year.
SEC. 6. REPRESENTATION OF SCREENING PERSONNEL.
(a) Exclusive Representative.--
(1) In general.--Effective on the date of the enactment of
this Act, the labor organization certified by the Federal Labor
Relations Authority on June 29, 2011, or a successor
organization, shall be deemed the exclusive representative of
personnel described in paragraph (2) under chapter 71 of title
5, United States Code, with full rights under such chapter 71.
(2) Personnel described.--Personnel described in this
paragraph are full- and part-time nonsupervisory personnel
carrying out screening functions under section 44901 of title
49, United States Code.
(b) Consultation Requirements.--Not later than 14 days after the
date of the enactment of this Act, the Secretary shall--
(1) consult with the exclusive representative described in
subsection (a)(1) 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) Consideration of Views and Recommendations of Exclusive
Representative.--If the exclusive representative described in
subsection (a)(1) submits to the Secretary in writing any views or
recommendations in response to the final written plans provided to the
exclusive representative under subsection (b)(2), the Secretary shall--
(1) consider the views or recommendations before taking
final action on any matter to which the views or
recommendations relate; and
(2) provide the exclusive representative a written
statement of the reasons for the final action.
(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 a provision of law specified in paragraph (1).
SEC. 8. RULEMAKING.
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 provision of this Act, delegate the
authority or function to the Administrator 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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