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[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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