I 

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. 

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. 

2 This Act may be cited as the ‘‘Rights for Transpor3 tation Security Officers Act of 2016’’. 

4 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

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

6 (1) On September 11, 2001, nineteen terrorists, 

7 who underwent airport security screening prior to 

8 boarding domestic flights, were able to commandeer 

9 four airplanes and use those airplanes to perpetrate 

10 the most deadly terrorist attack ever to be executed 

11 on United States soil. 

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

13 passed the Aviation and Transportation Security Act 

14 (ATSA), enacted by President George W. Bush on 

15 November 19, 2001 (Public Law 107–71), to en16 hance the level of security screening throughout our 

17 aviation system and transfer responsibility for such 

18 screening from the private sector to a new Federal 

19 agency, the Transportation Security Administration 

20 (TSA). 

21 (3) By establishing TSA, Congress and the 

22 American public recognized that the highest level of 

23 screener performance was directly linked to employ24 ment and training standards, pay and benefits, and 

25 the creation of an experienced, committed screening 

26 workforce. 


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1 (4) The Aviation and Transportation Security 

2 Act included a statutory footnote allowing the TSA 

3 Administrator to ‘‘employ, appoint, discipline, termi4 nate, and fix the compensation’’, including the 

5 ‘‘terms, and conditions of employment of Federal 

6 Service for such a number of individuals as the 

7 Under Secretary determines to be necessary to carry 

8 out the screening functions of the Under Secretary 

9 under section 44901 of title 49, United States 

10 Code’’. 

11 (5) TSA has interpreted the ATSA footnote as 

12 applying to the majority of the Transportation Secu13 rity Officer workforce performing screening func14 tions, while all other Transportation Security Ad15 ministration employees, including managers, are 

16 subject to title 5, United States Code, as incor17 porated in title 49 of such Code. 

18 (6) In November 2006, the International Labor 

19 Organization ruled that the Bush Administration 

20 violated international labor law when it prohibited 

21 Transportation Security Officers from engaging in 

22 collective bargaining. 

23 (7) After the Federal Labor Relations Board 

24 approved a petition for the election of an exclusive 

25 representative, on February 4, 2011, then-TSA AdVerDate Sep 11 2014 00:40 Feb 09, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4488.IH H4488

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1 ministrator John Pistole issued a binding determina2 tion stating in part ‘‘it is critical that every TSA 

3 employee feels that he or she has a voice and feels 

4 safe raising issues and concerns of all kinds. This is 

5 important not just for morale; engagement of every 

6 employee is critically important for security’’. 

7 (8) The February 4, 2011, determination was 

8 superseded by a second Determination issued on De9 cember 29, 2014, changing the previous guideline 

10 for collective bargaining and resulting in limitations 

11 in the subjects that can be bargained, issues in dis12 pute that may be raised to an independent, third13 party neutral decisionmaker (such as an arbitrator 

14 or the Merit Systems Protection Board), and bar15 riers to union representation of the Transportation 

16 Security Officer workforce. 

17 (9) Both the 2011 and 2014 determinations 

18 cited TSA’s authority under section 44935 note of 

19 title 59, United States Code, to create a personnel 

20 system that denies the Transportation Security Offi21 cer workforce the same title 5 rights as other Fed22 eral workers, including the right to appeal adverse 

23 personnel decisions to the Merit Systems Protection 

24 Board, fair pay under the General Services wage 

25 system, 2011, fair pay and raises under the General 


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1 Services wage system, including overtime guidelines, 

2 access to earned leave, application of the Fair Labor 

3 Standards Act of 1938, fair performance appraisals 

4 under chapter 73 of title 5, United States Code, and 

5 direct protections against employment discrimination 

6 found in title 7, United States Code. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that the personnel system utilized by the Transpor9 tation Security Administration pursuant to the authority 

10 of section 44935 note of title 49, United States Code, pro11 vides insufficient workplace protections for the Transpor12 tation Security Officer workforce, the frontline personnel 

13 who secure our Nation’s aviation system and that such 

14 personnel should be provided protections under title 5, 

15 United States Code. 

16 SEC. 3. DEFINITIONS. 

17 For purposes of this Act— 

18 (1) the term ‘‘covered position’’ means— 

19 (A) a position within the Transportation 

20 Security Administration; and 

21 (B) any position within the Department of 

22 Homeland Security, not described in subpara23 graph (A), the duties and responsibilities of 

24 which involve providing transportation security 

25 in furtherance of the purposes of the Aviation 


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1 and Transportation Security Act (Public Law 

2 107–71), as determined by the Secretary; 

3 (2) the term ‘‘covered employee’’ means an em4 ployee who holds a covered position; 

5 (3) the term ‘‘employee’’ has the meaning given 

6 such term by section 2105 of title 5, United States 

7 Code; 

8 (4) the term ‘‘Secretary’’ means the Secretary 

9 of Homeland Security; 

10 (5) the term ‘‘Administrator’’ means the official 

11 within the Department of Homeland Security who is 

12 responsible for overseeing and implementing trans13 portation security pursuant to the Aviation and 

14 Transportation Security Act, whether designated as 

15 the Assistant Secretary of Homeland Security 

16 (Transportation Security Administration), the Ad17 ministrator of the Transportation Security Adminis18 tration, the Undersecretary of Transportation for 

19 Security, or otherwise; 

20 (6) the term ‘‘TSA personnel management sys21 tem’’ means any personnel management system, as 

22 established or modified under— 

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

24 Transportation Security Act; or 


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

2 States Code; 

3 (7) the term ‘‘agency’’ means an Executive 

4 agency, as defined by section 105 of title 5, United 

5 States Code; and 

6 (8) the term ‘‘conversion date’’ means the date 

7 as of which paragraphs (1) through (3) of section 

8 3(b) take effect. 

9 SEC. 4. CONVERSION OF SCREENING PERSONNEL. 

10 (a) TERMINATION OF CERTAIN PERSONNEL AU11 THORITIES.—Effective as of the date of the enactment of 

12 this Act— 

13 (1) each provision of law cited in section 2(6) 

14 is repealed, and any authority to establish or modify 

15 a TSA personnel management system under either 

16 such provision of law shall terminate; 

17 (2) all authority to establish or adjust a human 

18 resources management system under chapter 97 of 

19 title 5, United States Code, shall terminate with re20 spect to covered employees and covered positions; 

21 and 

22 (3) section 44935 note of title 49, United 

23 States Code, is repealed. 

24 (b) COVERED EMPLOYEES AND POSITIONS MADE

25 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM


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1 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN2 ERALLY.—Effective as of the date determined by the Sec3 retary, but in no event later than 60 days after the date 

4 of the enactment of this Act— 

5 (1) all TSA personnel management personnel 

6 policies, directives, letters, and guidelines including 

7 the Determinations of February 2011 and December 

8 2014 shall cease to be effective; 

9 (2) any human resources management system 

10 established or adjusted under chapter 97 of title 5, 

11 United States Code, to the extent otherwise applica12 ble with respect to covered employees or covered po13 sitions, shall cease to be effective; and 

14 (3) covered employees and covered positions 

15 shall become subject to the provisions of title 49, 

16 United States Code. 

17 SEC. 5. TRANSITION RULES. 

18 (a) NONREDUCTION IN RATE OF PAY.—Any conver19 sion of an employee from a TSA personnel management 

20 system to the provisions of law made applicable with re21 spect to such employee by section 4(b)(3) shall be effected, 

22 under pay conversion rules prescribed by the Secretary, 

23 without any reduction in the rate of basic pay payable to 

24 such employee. 


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1 (b) PRESERVATION OF OTHER RIGHTS.—In the case 

2 of each individual who is a covered employee as of the con3 version date, the Secretary shall take any actions which 

4 may be necessary to ensure that— 

5 (1) all service performed by such individual as 

6 a covered employee before the conversion date shall 

7 be credited in the determination of such individual’s 

8 length of service as an employee for purposes of ap9 plying the provisions of law governing leave, pay, 

10 group life and health insurance, severance pay, ten11 ure, and status, which are made applicable with re12 spect to such individual by section 4(b)(3); 

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

14 leave accrued, accumulated, or otherwise available to 

15 a covered employee immediately before the conver16 sion date shall remain available to the employee, 

17 until used, so long as such individual remains con18 tinuously employed by the Department of Homeland 

19 Security; and 

20 (3) the Government share of any premiums or 

21 other periodic charges under the provisions of law 

22 governing group health insurance shall remain the 

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1 tinuously employed by the Department of Homeland 

2 Security. 

3 SEC. 6. CONSULTATION REQUIREMENT. 

4 (a) EXCLUSIVE REPRESENTATIVE.—The labor orga5 nization certified by the Federal Labor Relations Author6 ity on June 29, 2011, or successor shall be deemed the 

7 exclusive representative of full- and part-time nonsuper8 visory personnel carrying out screening functions under 

9 section 44901 of title 49, United States Code, as that term 

10 is used in section 111(d) of the Aviation and Transpor11 tation Security Act and shall be the exclusive representa12 tive for the employees under chapter 71 of title 5, United 

13 States Code, with full rights under such chapter 71. 

14 (b) CONSULTATION RIGHTS.—Within 14 days after 

15 the date of the enactment of this Act, the Secretary shall 

16 consult with the exclusive representative for employees 

17 under chapter 71 of title 5, United States Code, on the 

18 formulation of plans and deadlines to carry out the conver19 sion of covered employees and covered positions under this 

20 Act. The Secretary shall provide in writing to the exclusive 

21 representative the final plans in accordance with which the 

22 Secretary intends to carry out the conversion of covered 

23 employees and covered positions under this Act, including 

24 with respect to such matters as— 

25 (1) the proposed conversion date; and 


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1 (2) measures to ensure compliance with section 

2 5. 

3 (c) REQUIRED AGENCY RESPONSE.—If any views or 

4 recommendations are presented under subsection (b)(2) by 

5 the exclusive representative, the Secretary shall consider 

6 the views or recommendations before taking final action 

7 on any matter with respect to which the views or rec8 ommendations are presented and provide the exclusive 

9 representative a written statement of the reasons for the 

10 final actions to be taken. 

11 (d) SUNSET PROVISION.—The provisions of this sec12 tion shall cease to be effective as of the conversion date. 

13 SEC. 7. NO RIGHT TO STRIKE. 

14 Nothing in this Act shall be considered— 

15 (1) to repeal or otherwise affect— 

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

17 Code (relating to disloyalty and asserting the 

18 right to strike against the Government); or 

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

20 Code (relating to loyalty and striking); or 

21 (2) to otherwise authorize any activity which is 

22 not permitted under either provision of law cited in 

23 paragraph (1). 


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1 SEC. 8. REGULATIONS. 

2 The Secretary may prescribe any regulations nec3 essary to carry out this Act. 

4 SEC. 9. DELEGATIONS TO ADMINSTRATOR. 

5 The Secretary may, with respect to any authority or 

6 function vested in the Secretary under any of the pre7 ceding provisions of this Act, delegate any such authority 

8 or function to the Administrator of the Transportation Se9 curity Administration under such terms, conditions, and 

10 limitations, including the power of redelegation, as the 

11 Secretary considers appropriate. 

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this Act. 

Æ 


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