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 Con-
gress that the personnel system utilized by the Transpor-
tation Security Administration pursuant to the authority 
of section 44935 note of title 49, United States Code, pro-
vides insufficient workplace protections for the Transpor-
tation 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 subpara-
graph (A), the duties and responsibilities of 
which involve providing transportation security 
in furtherance of the purposes of the Aviation 
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and Transportation Security Act (Public Law 
107–71), as determined by the Secretary; 
(2) the term ‘‘covered employee’’ means an em-
ployee 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 trans-
portation security pursuant to the Aviation and 
Transportation Security Act, whether designated as 
the Assistant Secretary of Homeland Security 
(Transportation Security Administration), the Ad-
ministrator of the Transportation Security Adminis-
tration, the Undersecretary of Transportation for 
Security, or otherwise; 
(6) the term ‘‘TSA personnel management sys-
tem’’ means any personnel management system, as 
established or modified under— 
(A) section 111(d) of the Aviation and 
Transportation Security Act; or 
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(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 AU-
THORITIES.—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 re-
spect 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 
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AS
APPLIES
TO
CIVIL
SERVICE
EMPLOYEES
GEN-
ERALLY.—Effective as of the date determined by the Sec-
retary, 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 applica-
ble with respect to covered employees or covered po-
sitions, 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 conver-
sion of an employee from a TSA personnel management 
system to the provisions of law made applicable with re-
spect 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. 
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(b) PRESERVATION OF OTHER RIGHTS.—In the case 
of each individual who is a covered employee as of the con-
version 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 ap-
plying the provisions of law governing leave, pay, 
group life and health insurance, severance pay, ten-
ure, and status, which are made applicable with re-
spect 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 conver-
sion date shall remain available to the employee, 
until used, so long as such individual remains con-
tinuously 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 conver-
sion date, so long as such individual remains con-
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tinuously employed by the Department of Homeland 
Security. 
SEC. 6. CONSULTATION REQUIREMENT. 
(a) EXCLUSIVE REPRESENTATIVE.—The labor orga-
nization certified by the Federal Labor Relations Author-
ity on June 29, 2011, or successor shall be deemed the 
exclusive representative of full- and part-time nonsuper-
visory 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 Transpor-
tation Security Act and shall be the exclusive representa-
tive 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 conver-
sion 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 
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(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 rec-
ommendations 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 sec-
tion 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). 
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SEC. 8. REGULATIONS. 
The Secretary may prescribe any regulations nec-
essary 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 pre-
ceding provisions of this Act, delegate any such authority 
or function to the Administrator of the Transportation Se-
curity 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. 
Æ 
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