II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Strengthening American Transportation Security Act of 

4 2019’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) On September 11, 2001, 19 terrorists, who 

10 underwent airport security screening prior to board11 ing domestic flights, were able to commandeer 4 air12 planes and use those airplanes to perpetrate the 

13 most deadly terrorist attack ever to be executed on 

14 United States soil. 

15 (2) In the aftermath of those attacks, Congress 

16 passed the Aviation and Transportation Security Act 

17 (Public Law 107–71; 115 Stat. 597), which was 

18 signed into law by President George W. Bush on 

19 November 19, 2001— 


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1 (A) to enhance the level of security screen2 ing throughout the Nation’s aviation system; 

3 and 

4 (B) to transfer responsibility for such 

5 screening from the private sector to the newly 

6 established Transportation Security Administra7 tion (in this section referred to as ‘‘TSA’’). 

8 (3) By establishing TSA, Congress and the 

9 American public recognized that the highest level of 

10 screener performance was directly linked to employ11 ment and training standards, pay and benefits, and 

12 the creation of an experienced, committed screening 

13 workforce. 

14 (4) Section 111(d) of the Aviation and Trans15 portation Security Act (49 U.S.C. 44935 note) au16 thorizes the Under Secretary of Transportation for 

17 Security to ‘‘employ, appoint, discipline, terminate, 

18 and fix the compensation, terms, and conditions of 

19 employment of Federal service for such a number of 

20 individuals as the Under Secretary determines to be 

21 necessary to carry out the screening functions of the 

22 Under Secretary under section 44901 of title 49, 

23 United States Code’’. The functions of TSA were 

24 transferred to the Department of Homeland Security 


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1 under section 403 of the Homeland Security Act of 

2 2002 (6 U.S.C. 203). 

3 (5) TSA has interpreted the authorization de4 scribed in paragraph (4) as applying to all of the 

5 transportation security officer workforce performing 

6 screening functions, while all other TSA employees, 

7 including managers, are subject to title 5, United 

8 States Code, as incorporated in title 49 of such 

9 Code. 

10 (6) In November 2006, the International 

11 Labour Organization ruled that the Bush Adminis12 tration violated international labor law when it pro13 hibited transportation security officers from engag14 ing in collective bargaining. 

15 (7) After the Federal Labor Relations Board 

16 approved a petition for the election of an exclusive 

17 representative, on February 4, 2011, TSA Adminis18 trator John Pistole issued a binding determination 

19 stating, ‘‘[I]t is critical that every TSA employee 

20 feels that he or she has a voice and feels safe raising 

21 issues and concerns of all kinds. This is important 

22 not just for morale; engagement of every employee 

23 is critically important for security.’’. 

24 (8) That determination was superseded by sub25 sequent determinations issued in 2014 and 2016 


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1 that continued to limit the scope of the bargaining 

2 and review process. 

3 (9) The 2011, 2014, and 2016 determinations 

4 both cited TSA’s authority under section 111(d) of 

5 the Aviation and Transportation Security Act (49 

6 U.S.C. 44935 note) to create a personnel system 

7 that denies the transportation security officer work8 force the rights under title 5, United States Code, 

9 which are provided to most other Federal workers, 

10 including— 

11 (A) the right to appeal adverse personnel 

12 decisions to the Merit Systems Protection 

13 Board; 

14 (B) fair pay under the General Schedule 

15 pay system; 

16 (C) fair performance appraisals under 

17 chapter 73 of title 5, United States Code; and 

18 (D) statutory protections against employ19 ment discrimination set forth in title 5, United 

20 States Code. 

21 (10) Every day, transportation security officers 

22 put their safety on the line to protect the flying pub23 lic and on November 1, 2013, a transportation secu24 rity officer, Gerardo Hernandez, gave his life to pro25 tect the flying public when he was killed by a gunVerDate Sep 11 2014 03:11 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S944.IS S944

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1 man who attacked the Los Angeles International 

2 Airport. 

3 (11) Transportation security officers are vital 

4 to aviation security and have kept the United States 

5 aviation system secure, even during lapses in appro6 priations, when they were not paid. For 16 days in 

7 2013, 3 days in 2018, and, most recently, 35 days 

8 at the end of 2018 through early 2019, the TSA 

9 workforce worked without pay alongside airplane 

10 safety specialists, air traffic controllers, and other 

11 Federal workers responsible for the aviation security 

12 and safety framework that has protected United 

13 States air travel since 2001. 

14 (12) The adverse impact of 2 missed paychecks 

15 during the shutdown that took place between De16 cember 22, 2018, and January 25, 2019, was felt 

17 disproportionately by the transportation security of18 ficer workforce, with many officers receiving starting 

19 annual salaries as low as $35,000. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the personnel system utilized by the Trans23 portation Security Administration pursuant to sec24 tion 111(d) of the Aviation and Transportation Se25 curity Act (49 U.S.C. 44935 note) provides insuffiVerDate Sep 11 2014 03:11 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S944.IS S944

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1 cient workplace protections for the transportation 

2 security officer workforce, who are the frontline per3 sonnel who secure the Nation’s aviation system; and 

4 (2) such personnel should be entitled to the 

5 protections under title 5, United States Code. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the official within the Department of 

10 Homeland Security who is responsible for overseeing 

11 and implementing transportation security pursuant 

12 to the Aviation and Transportation Security Act, 

13 whether designated as the Assistant Secretary of 

14 Homeland Security (Transportation Security Admin15 istration), the Administrator of the Transportation 

16 Security Administration, the Under Secretary of 

17 Transportation for Security, or otherwise. 

18 (2) AGENCY.—The term ‘‘agency’’ means an 

19 Executive agency, as defined by section 105 of title 

20 5, United States Code. 

21 (3) CONVERSION DATE.—The term ‘‘conversion 

22 date’’ means the date as of which paragraphs (1) 

23 through (3) of section 4(b) take effect. 


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1 (4) COVERED EMPLOYEE.—The term ‘‘covered 

2 employee’’ means an employee who holds a covered 

3 position. 

4 (5) COVERED POSITION.—The term ‘‘covered 

5 position’’ means— 

6 (A) a position within the Transportation 

7 Security Administration; and 

8 (B) any position within the Department of 

9 Homeland Security, not described in subpara10 graph (A), the duties and responsibilities of 

11 which involve providing transportation security 

12 in furtherance of the purposes of the Aviation 

13 and Transportation Security Act (Public Law 

14 107–71; 115 Stat. 597), as determined by the 

15 Secretary. 

16 (6) EMPLOYEE.—The term ‘‘employee’’ has the 

17 meaning given such term by section 2105 of title 5, 

18 United States Code. 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 (8) TSA PERSONNEL MANAGEMENT SYSTEM.— 

22 The term ‘‘TSA personnel management system’’ 

23 means any personnel management system estab24 lished or modified under— 


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1 (A) section 111(d) of the Aviation and 

2 Transportation Security Act (49 U.S.C. 44935 

3 note); or 

4 (B) section 114(n) of title 49, United 

5 States Code. 

6 SEC. 4. CONVERSION OF SCREENING PERSONNEL. 

7 (a) TERMINATION OF CERTAIN PERSONNEL AU8 THORITIES.— 

9 (1) TSA PERSONNEL MANAGEMENT SYSTEM.— 

10 Section 114 of title 49, United States Code, is 

11 amended by striking subsection (n). 

12 (2) TERMINATION OF FLEXIBILITY IN EMPLOY13 MENT OF SCREENER PERSONNEL.—Section 111 of 

14 the Aviation and Transportation Security Act (49 

15 U.S.C. 44935 note) is amended by striking sub16 section (d). 

17 (3) HUMAN RESOURCES MANAGEMENT SYS18 TEM.—Section 9701 of title 5, United States Code, 

19 is amended— 

20 (A) by redesignating subsection (h) as sub21 section (i); and 

22 (B) by inserting after subsection (g) the 

23 following: 

24 ‘‘(h) LIMITATION.—The human resources manage25 ment system authorized under this section shall not apply 


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1 to covered employees or covered positions (as such terms 

2 are defined in section 3 of the Strengthening American 

3 Transportation Security Act of 2019).’’. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall take effect on the conversion 

6 date. 

7 (b) COVERED EMPLOYEES AND POSITIONS MADE

8 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM

9 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN10 ERALLY.—On the earlier of a date determined by the Sec11 retary or 60 days after the date of the enactment of this 

12 Act— 

13 (1) all TSA personnel management system poli14 cies, directives, letters, and guidelines (including the 

15 determinations of the Administrator described in 

16 paragraphs (7), (8), and (9) of section 2(a)) shall 

17 cease to be effective; 

18 (2) any human resources management system 

19 established or adjusted under section 9701 of title 5, 

20 United States Code, shall cease to be effective with 

21 respect to covered employees and covered positions; 

22 and 

23 (3) covered employees and covered positions 

24 shall become subject to the applicable labor provi25 sions under title 49, United States Code. 


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1 SEC. 5. TRANSITION RULES. 

2 (a) NONREDUCTION IN RATE OF PAY.—Any conver3 sion of an employee from a TSA personnel management 

4 system to the provisions of law referred to in section 

5 4(b)(3) shall be effected, under pay conversion rules pre6 scribed by the Secretary, without any reduction in the rate 

7 of pay payable to the employee. 

8 (b) PRESERVATION OF OTHER RIGHTS.—The Sec9 retary shall take any necessary actions to ensure, for any 

10 covered employee as of the conversion date, that— 

11 (1) all service performed by the covered em12 ployee before the conversion date is credited in the 

13 determination of the employee’s length of service for 

14 purposes of applying the provisions of law governing 

15 leave, pay, group life and health insurance, sever16 ance pay, tenure, and status, which are made appli17 cable to the employee under section 4(b)(3); 

18 (2) all annual leave, sick leave, or other paid 

19 leave accrued, accumulated, or otherwise available to 

20 the covered employee immediately before the conver21 sion date remains available to the employee, until 

22 used, while the employee remains continuously em23 ployed by the Department of Homeland Security; 

24 and 

25 (3) the Government share of any premiums or 

26 other periodic charges under the provisions of law 


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1 governing group health insurance remains at the 

2 level in effect immediately before the conversion date 

3 while the employee remains continuously employed 

4 by the Department of Homeland Security until the 

5 end of the applicable contract year. 

6 SEC. 6. REPRESENTATION OF SCREENING PERSONNEL. 

7 (a) EXCLUSIVE REPRESENTATIVE.— 

8 (1) IN GENERAL.—Effective on the date of the 

9 enactment of this Act, the labor organization cer10 tified by the Federal Labor Relations Authority on 

11 June 29, 2011, or a successor organization, shall be 

12 deemed the exclusive representative of personnel de13 scribed in paragraph (2) under chapter 71 of title 5, 

14 United States Code, with full rights under such 

15 chapter 71. 

16 (2) PERSONNEL DESCRIBED.—Personnel de17 scribed in this paragraph are full- and part-time 

18 nonsupervisory personnel carrying out screening 

19 functions under section 44901 of title 49, United 

20 States Code. 

21 (b) CONSULTATION REQUIREMENTS.—Not later than 

22 14 days after the date of the enactment of this Act, the 

23 Secretary shall— 

24 (1) consult with the exclusive representative de25 scribed in subsection (a)(1) on the formulation of 


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1 plans and deadlines to carry out the conversion of 

2 covered employees and covered positions under this 

3 Act; and 

4 (2) provide final written plans to the exclusive 

5 representative on how the Secretary intends to carry 

6 out the conversion of covered employees and covered 

7 positions under this Act, including with respect to— 

8 (A) the proposed conversion date; and 

9 (B) measures to ensure compliance with 

10 section 5. 

11 (c) CONSIDERATION OF VIEWS AND RECOMMENDA12 TIONS OF EXCLUSIVE REPRESENTATIVE.—If the exclusive 

13 representative described in subsection (a)(1) submits to 

14 the Secretary in writing any views or recommendations in 

15 response to the final written plans provided to the exclu16 sive representative under subsection (b)(2), the Secretary 

17 shall— 

18 (1) consider the views or recommendations be19 fore taking final action on any matter to which the 

20 views or recommendations relate; and 

21 (2) provide the exclusive representative a writ22 ten statement of the reasons for the final action. 

23 (d) SUNSET PROVISION.—The provisions of this sec24 tion shall cease to be effective as of the conversion date. 


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1 SEC. 7. NO RIGHT TO STRIKE. 

2 Nothing in this Act may be construed— 

3 (1) to repeal or otherwise affect— 

4 (A) section 1918 of title 18, United States 

5 Code (relating to disloyalty and asserting the 

6 right to strike against the Government); or 

7 (B) section 7311 of title 5, United States 

8 Code (relating to loyalty and striking); or 

9 (2) to otherwise authorize any activity which is 

10 not permitted under a provision of law specified in 

11 paragraph (1). 

12 SEC. 8. RULEMAKING. 

13 The Secretary may prescribe any regulations that 

14 may be necessary to carry out this Act. 

15 SEC. 9. DELEGATIONS TO ADMINISTRATOR. 

16 The Secretary may, with respect to any authority or 

17 function vested in the Secretary under any provision of 

18 this Act, delegate the authority or function to the Admin19 istrator under such terms, conditions, and limitations, in20 cluding the power of redelegation, as the Secretary con21 siders appropriate. 

22 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this Act. 

Æ 


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