II 

114TH CONGRESS 

2D SESSION S. 3525 

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 

DECEMBER 8, 2016 

Mr. SCHATZ (for himself, Mr. BROWN, Mr. MERKLEY, Ms. WARREN, Mr. 

FRANKEN, Mr. PETERS, Mr. TESTER, and Mr. HEINRICH) 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 2016’’. 

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. Consultation requirement. 

Sec. 7. No right to strike. 

Sec. 8. Regulations. 

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), which was signed into law by 

18 President George W. Bush on November 19, 2001— 

19 (A) to enhance the level of security screen20 ing throughout our aviation system; and 


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1 (B) to transfer responsibility for such 

2 screening from the private sector to the newly 

3 established Transportation Security Administra4 tion (referred to in this section as ‘‘TSA’’). 

5 (3) By establishing TSA, Congress and the 

6 American public recognized that the highest level of 

7 screener performance was directly linked to employ8 ment and training standards, pay and benefits, and 

9 the creation of an experienced, committed screening 

10 workforce. 

11 (4) Section 111(d) of the Aviation and Trans12 portation Security Act (49 U.S.C. 44935 note) au13 thorizes the Under Secretary of Transportation for 

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

15 and fix the compensation, terms, and conditions of 

16 employment of Federal service for such a number of 

17 individuals as the Under Secretary determines to be 

18 necessary to carry out the screening functions of the 

19 Under Secretary under section 44901 of title 49, 

20 United States Code’’. The functions of the TSA 

21 were transferred to the Department of Homeland 

22 Security by section 403 of the Homeland Security 

23 Act of 2002 (6 U.S.C. 203). 

24 (5) TSA has interpreted the authorization set 

25 forth in paragraph (4) as applying to the majority 


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1 of the Transportation Security Officer workforce 

2 performing screening functions, while all other 

3 Transportation Security Administration employees, 

4 including managers, are subject to title 5, United 

5 States Code, as incorporated in title 49 of such 

6 Code. 

7 (6) In November 2006, the International Labor 

8 Organization ruled that the Bush Administration 

9 violated international labor law when it prohibited 

10 Transportation Security Officers from engaging in 

11 collective bargaining. 

12 (7) After the Federal Labor Relations Board 

13 approved a petition for the election of an exclusive 

14 representative, on February 4, 2011, TSA Adminis15 trator John Pistole issued a binding determination 

16 stating that ‘‘it is critical that every TSA employee 

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

18 issues and concerns of all kinds. This is important 

19 not just for morale; engagement of every employee 

20 is critically important for security.’’. 

21 (8) This determination was superseded by a 

22 second determination issued on December 29, 2014, 

23 which changed the previous guideline for collective 

24 bargaining and resulting in limitations in the sub25 jects that can be bargained, issues in dispute that 


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1 may be raised to an independent, third-party neutral 

2 decisionmaker (such as an arbitrator or the Merit 

3 Systems Protection Board), and barriers to union 

4 representation of the Transportation Security Offi5 cer workforce. 

6 (9) The 2011 and 2014 determinations both 

7 cited TSA’s authority under section 111(d) of the 

8 Aviation and Transportation Security Act (49 

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

10 that denies the Transportation Security Officer 

11 workforce the rights under title 5, United States 

12 Code, that are provided to most other Federal work13 ers, including— 

14 (A) the right to appeal adverse personnel 

15 decisions to the Merit Systems Protection 

16 Board; 

17 (B) fair pay under the General Services 

18 wage system, 2011; 

19 (C) fair pay and raises under the General 

20 Services wage system, including overtime guide21 lines, access to earned leave; 

22 (D) the application of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 201 et seq.); 

24 (E) fair performance appraisals under 

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


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1 (F) direct protections against employment 

2 discrimination set forth in title 7, United States 

3 Code. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the personnel system utilized by the Trans7 portation Security Administration pursuant to sec8 tion 111(d) of the Aviation and Transportation Se9 curity Act (49 U.S.C. 44935 note) provides insuffi10 cient workplace protections for the Transportation 

11 Security Officer workforce, who are the frontline 

12 personnel who secure our Nation’s aviation system; 

13 and 

14 (2) such personnel should be entitled to the 

15 protections under title 5, United States Code. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the official within the Department of 

20 Homeland Security who is responsible for overseeing 

21 and implementing transportation security pursuant 

22 to the Aviation and Transportation Security Act, 

23 whether designated as the Assistant Secretary of 

24 Homeland Security (Transportation Security Admin25 istration), the Administrator of the Transportation 


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1 Security Administration, the Undersecretary of 

2 Transportation for Security, or otherwise. 

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

4 Executive agency, as defined by section 105 of title 

5 5, United States Code. 

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

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

8 through (3) of section 3(b) take effect. 

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

10 employee’’ means an employee who holds a covered 

11 position. 

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

13 position’’ means— 

14 (A) a position within the Transportation 

15 Security Administration; and 

16 (B) any position within the Department of 

17 Homeland Security, not described in subpara18 graph (A), the duties and responsibilities of 

19 which involve providing transportation security 

20 in furtherance of the purposes of the Aviation 

21 and Transportation Security Act (Public Law 

22 107–71), as determined by the Secretary. 

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

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

25 United States Code. 


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

2 the Secretary of Homeland Security. 

3 (8) TSA PERSONNEL MANAGEMENT SYSTEM.— 

4 The term ‘‘TSA personnel management system’’ 

5 means any personnel management system estab6 lished or modified under— 

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

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

9 note); or 

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

11 States Code. 

12 SEC. 4. CONVERSION OF SCREENING PERSONNEL. 

13 (a) TERMINATION OF CERTAIN PERSONNEL AU14 THORITIES.— 

15 (1) TSA PERSONAL MANAGEMENT SYSTEM.— 

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

17 amended by striking subsection (n). 

18 (2) TERMINATION OF FLEXIBILITY IN EMPLOY19 MENT OF SCREENER PERSONNEL.—Section 111 of 

20 the Aviation and Transportation Security Act (49 

21 U.S.C. 44935 note) is amended by striking sub22 section (d). 

23 (3) HUMAN RESOURCES MANAGEMENT SYS24 TEM.— 


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1 (A) IN GENERAL.—Section 9701 of title 5, 

2 United States Code, is amended— 

3 (i) by redesignating subsection (h) as 

4 subsection (i); and 

5 (ii) by inserting after subsection (g) 

6 the following: 

7 ‘‘(h) LIMITATION.—The human resources manage8 ment system authorized under this section shall not apply 

9 to covered employees or covered positions (as such terms 

10 are defined in section 3 of the Strengthening American 

11 Transportation Security Act of 2016).’’. 

12 (B) EFFECTIVE DATE.—The amendments 

13 made by subparagraph (A) shall take effect on 

14 the date set forth in subsection (b). 

15 (b) COVERED EMPLOYEES AND POSITIONS MADE

16 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM

17 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN18 ERALLY.—On the earlier of a date determined by the Sec19 retary or 60 days after the date of the enactment of this 

20 Act— 

21 (1) all TSA personnel management personnel 

22 policies, directives, letters, and guidelines, including 

23 the Determinations of February 2011 and December 

24 2014 shall cease to be effective; 


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1 (2) any human resources management system 

2 established or adjusted under section 9701 of title 5, 

3 United States Code, shall cease to be effective with 

4 respect to covered employees and covered positions; 

5 and 

6 (3) covered employees and covered positions 

7 shall become subject to the applicable labor provi8 sions under title 49, United States Code. 

9 SEC. 5. TRANSITION RULES. 

10 (a) NONREDUCTION IN RATE OF PAY.—Any conver11 sion of an employee from a TSA personnel management 

12 system to the provisions of law referred to in section 

13 4(b)(3) shall be effected, under pay conversion rules pre14 scribed by the Secretary, without any reduction in the rate 

15 of basic pay payable to such employee. 

16 (b) PRESERVATION OF OTHER RIGHTS.—The Sec17 retary shall take any necessary actions to ensure, for any 

18 covered employee as of the conversion date, that— 

19 (1) all service performed by such covered em20 ployee before the conversion date is credited in the 

21 determination of such employee’s length of service 

22 for purposes of applying the provisions of law gov23 erning leave, pay, group life and health insurance, 

24 severance pay, tenure, and status, which are made 

25 applicable to such employee under section 4(b)(3); 


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

2 leave accrued, accumulated, or otherwise available to 

3 the covered employee immediately before the conver4 sion date remains available to the employee, until 

5 used, while the employee remains continuously em6 ployed by the Department of Homeland Security; 

7 and 

8 (3) the Government share of any premiums or 

9 other periodic charges under the provisions of law 

10 governing group health insurance remains at the 

11 level in effect immediately before the conversion date 

12 while the employee remains continuously employed 

13 by the Department of Homeland Security. 

14 SEC. 6. CONSULTATION REQUIREMENT. 

15 (a) EXCLUSIVE REPRESENTATIVE.—The labor orga16 nization certified by the Federal Labor Relations Author17 ity on June 29, 2011, or successor organization shall be 

18 deemed the exclusive representative of full- and part-time 

19 nonsupervisory personnel carrying out screening functions 

20 under section 44901 of title 49, United States Code under 

21 chapter 71 of title 5, United States Code, with full rights 

22 under such chapter 71. 

23 (b) CONSULTATION RIGHTS.—Not later than 14 days 

24 after the date of the enactment of this Act, the Secretary 

25 shall— 


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1 (1) consult with the exclusive representative for 

2 employees under chapter 71 of title 5, United States 

3 Code, on the formulation of plans and deadlines to 

4 carry out the conversion of covered employees and 

5 covered positions under this Act; and 

6 (2) provide final written plans to the exclusive 

7 representative on how the Secretary intends to carry 

8 out the conversion of covered employees and covered 

9 positions under this Act, including with respect to— 

10 (A) the proposed conversion date; and 

11 (B) measures to ensure compliance with 

12 section 5. 

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

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

15 the exclusive representative, the Secretary shall consider 

16 the views or recommendations before taking final action 

17 on any matter with respect to which the views or rec18 ommendations are presented and provide the exclusive 

19 representative a written statement of the reasons for the 

20 final actions to be taken. 

21 (d) SUNSET PROVISION.—The provisions of this sec22 tion shall cease to be effective as of the conversion date. 

23 SEC. 7. NO RIGHT TO STRIKE. 

24 Nothing in this Act may be construed— 

25 (1) to repeal or otherwise affect— 


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

2 Code (relating to disloyalty and asserting the 

3 right to strike against the Government); or 

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

5 Code (relating to loyalty and striking); or 

6 (2) to otherwise authorize any activity which is 

7 not permitted under either provision of law cited in 

8 paragraph (1). 

9 SEC. 8. REGULATIONS. 

10 The Secretary may prescribe any regulations that 

11 may be necessary to carry out this Act. 

12 SEC. 9. DELEGATIONS TO ADMINISTRATOR. 

13 The Secretary may, with respect to any authority or 

14 function vested in the Secretary under any of the pre15 ceding provisions of this Act, delegate any such authority 

16 or function to the Administrator of the Transportation Se17 curity Administration under such terms, conditions, and 

18 limitations, including the power of redelegation, as the 

19 Secretary considers appropriate. 

20 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out this Act. 

Æ 


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