[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4488 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4488
To enhance the security operations of the Transportation Security
Administration and stability of the transportation security workforce
by applying the personnel system of Title 5 of the U.S. Code to
employees of the Transportation Security Administration who provide
screening of all passengers and property, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2016
Mr. Thompson of Mississippi (for himself and Mrs. Lowey) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the security operations of the Transportation Security
Administration and stability of the transportation security workforce
by applying the personnel system of Title 5 of the U.S. Code to
employees of the Transportation Security Administration who provide
screening of all 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.
This Act may be cited as the ``Rights for Transportation Security
Officers Act of 2016''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On September 11, 2001, nineteen terrorists, who
underwent airport security screening prior to boarding domestic
flights, were able to commandeer four 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 (ATSA), enacted by
President George W. Bush on November 19, 2001 (Public Law 107-
71), to enhance the level of security screening throughout our
aviation system and transfer responsibility for such screening
from the private sector to a new Federal agency, the
Transportation Security Administration (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) The Aviation and Transportation Security Act included a
statutory footnote allowing the TSA Administrator to ``employ,
appoint, discipline, terminate, and fix the compensation'',
including the ``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''.
(5) TSA has interpreted the ATSA footnote 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, then-TSA Administrator John Pistole issued a
binding determination stating in part ``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) The February 4, 2011, determination was superseded by a
second Determination issued on December 29, 2014, changing 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) Both the 2011 and 2014 determinations cited TSA's
authority under section 44935 note of title 59, United States
Code, to create a personnel system that denies the
Transportation Security Officer workforce the same title 5
rights as other Federal workers, including the right to appeal
adverse personnel decisions to the Merit Systems Protection
Board, fair pay under the General Services wage system, 2011,
fair pay and raises under the General Services wage system,
including overtime guidelines, access to earned leave,
application of the Fair Labor Standards Act of 1938, fair
performance appraisals under chapter 73 of title 5, United
States Code, and direct protections against employment
discrimination found in title 7, United States Code.
(b) Sense of Congress.--It is the sense of Congress that the
personnel system utilized by the Transportation Security Administration
pursuant to the authority of section 44935 note of title 49, United
States Code, provides insufficient workplace protections for the
Transportation Security Officer workforce, the frontline personnel who
secure our Nation's aviation system and that such personnel should be
provided protections under title 5, United States Code.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) 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;
(2) the term ``covered employee'' means an employee who
holds a covered position;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``Secretary'' means the Secretary of Homeland
Security;
(5) 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;
(6) the term ``TSA personnel management system'' means any
personnel management system, as established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act; or
(B) section 114(n) of title 49, United States Code;
(7) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(8) the term ``conversion date'' means the date as of which
paragraphs (1) through (3) of section 3(b) take effect.
SEC. 4. CONVERSION OF SCREENING PERSONNEL.
(a) Termination of Certain Personnel Authorities.--Effective as of
the date of the enactment of this Act--
(1) each provision of law cited in section 2(6) is
repealed, and any authority to establish or modify a TSA
personnel management system under either such provision of law
shall terminate;
(2) all authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions; and
(3) section 44935 note of title 49, United States Code, is
repealed.
(b) Covered Employees and Positions Made Subject to Same Personnel
Management System as Applies to Civil Service Employees Generally.--
Effective as of the date determined by the Secretary, but in no event
later than 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 chapter 97 of title 5, United States Code, to
the extent otherwise applicable with respect to covered
employees or covered positions, shall cease to be effective;
and
(3) covered employees and covered positions shall become
subject to the provisions of 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 made
applicable with respect to such employee by 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.--In the case of each individual
who is a covered employee as of the conversion date, the Secretary
shall take any actions which may be necessary to ensure that--
(1) all service performed by such individual as a covered
employee before the conversion date shall be credited in the
determination of such individual's length of service as an
employee 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
with respect to such individual by section 4(b)(3);
(2) all annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee, until used, so long as such
individual 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 shall remain the same as was the case immediately
before the conversion date, so long as such individual 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
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, as that term is used in section
111(d) of the Aviation and Transportation Security Act and shall be the
exclusive representative for the employees under chapter 71 of title 5,
United States Code, with full rights under such chapter 71.
(b) Consultation Rights.--Within 14 days after the date of the
enactment of this Act, the Secretary shall 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.
The Secretary shall provide in writing to the exclusive representative
the final plans in accordance with which the Secretary intends to carry
out the conversion of covered employees and covered positions under
this Act, including with respect to such matters as--
(1) the proposed conversion date; and
(2) 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 shall be considered--
(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 necessary to carry out
this Act.
SEC. 9. DELEGATIONS TO ADMINSTRATOR.
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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