,,ii #aaeth ,,congress #ast ,session ,s4 #bgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjag,mr4 ,schatz 7for himself1 ,mr4 ,brown1 ,ms4 ,warren1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 #e1 ,united ,states ,code1 to employees of the ,transportation ,security ,administration who are responsible for screening passengers and property1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,strengthening ,american ,transportation ,security ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 sense of ,congress4,sec4 #c4 ,definitions4,sec4 #d4 ,conversion of screening personnel4,sec4 #e4 ,transition rules4,sec4 #f4 ,consultation requirement4,sec4 #g4 ,no right to strike4,sec4 #h4 ,rulemaking4,sec4 #i4 ,delegations to ,administrator4,sec4 #aj4 ,authorization of appropriations4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,on ,september #aa1 #bjja1 #ai terrorists1 who underwent airport security screening prior to boarding domestic flights1 were able to commandeer #d airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on ,united ,states soil4 7#b7 ,in the aftermath of those attacks1 ,congress passed the ,aviation and ,transportation ,security ,act 7,public ,law #ajg-ga71 which was signed into law by ,president ,george ,w4 ,bush on ,november #ai1 #bjja-- 7,a7 to enhance the level of security screening throughout our ,nation's aviation system2 and 7,b7 to transfer responsibility for such screening from the private sector to the newly established ,transportation ,security ,administration 7referred to in this section as ,,tsa74 7#c7 ,by establishing ,,tsa1 ,congress and the ,american public recognized that the highest level of screener performance was directly linked to employment and training standards1 pay and benefits1 and the creation of an experienced1 committed screening workforce4 7#d7 ,section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 authorizes the ,under ,secretary of ,transportation for ,security to employ1 appoint1 discipline1 terminate1 and fix the compensation1 terms1 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 #ddija of title #di1 ,united ,states ,code4 ,the functions of the ,,tsa were transferred to the ,department of ,homeland ,security under section #djc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bjc74 7#e7 ,,tsa has interpreted the authorization set forth in paragraph 7#d7 as applying to the majority of the ,transportation ,security ,officer workforce performing screening functions1 while all other ,transportation ,security ,administration employees1 including managers1 are subject to title #e1 ,united ,states ,code1 as incorporated in title #di of such ,code4 7#f7 ,in ,november #bjjf1 the ,international ,labor ,organization ruled that the ,bush ,administration violated international labor law when it prohibited ,transportation ,security ,officers from engaging in collective bargaining4 7#g7 ,after the ,federal ,labor ,relations ,board approved a petition for the election of an exclusive representative1 on ,february #d1 #bjaa1 ,,tsa ,administrator ,john ,pistole issued a binding determination stating that it is critical that every ,,tsa employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds4 ,this is important not just for morale2 engagement of every employee is critically important for security44 7#h7 ,this determination was superseded by a second determination issued on ,december #bi1 #bjad1 which changed the previous guideline for collective bargaining and resulted in limitations in the subjects that can be bargained1 issues in dispute that may be raised to an independent1 third-party neutral decisionmaker 7such as an arbitrator or the ,merit ,systems ,protection ,board71 and barriers to union representation of the ,transportation ,security ,officer workforce4 7#i7 ,the #bjaa and #bjad determinations both cited ,,tsa's authority under section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 to create a personnel system that denies the ,transportation ,security ,officer workforce the rights under title #e1 ,united ,states ,code1 which are provided to most other ,federal workers1 including-- 7,a7 the right to appeal adverse personnel decisions to the ,merit ,systems ,protection ,board2 7,b7 fair pay under the ,general ,services wage system1 #bjaa2 7,c7 fair pay and raises under the ,general ,services wage system1 including overtime guidelines1 access to earned leave2 7,d7 the application of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,e7 fair performance appraisals under chapter #gc of title #e1 ,united ,states ,code2 and 7,f7 direct protections against employment discrimination set forth in title #e1 ,united ,states ,code4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the personnel system utilized by the ,transportation ,security ,administration pursuant to section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 provides insufficient workplace protections for the ,transportation ,security ,officer workforce1 who are the frontline personnel who secure our ,nation's aviation system2 and 7#b7 such personnel should be entitled to the protections under title #e1 ,united ,states ,code4 #c4 ,definitions ,in this ,act3 7#a7 ,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 ,act1 whether designated as the ,assistant ,secretary of ,homeland ,security 7,transportation ,security ,administration71 the ,administrator of the ,transportation ,security ,administration1 the ,undersecretary of ,transportation for ,security1 or otherwise4 7#b7 ,agency ,the term agency means an ,executive agency1 as defined by section #aje of title #e1 ,united ,states ,code4 7#c7 ,conversion date ,the term conversion date means the date as of which paragraphs 7#a7 through 7#c7 of section #c7;b7 take effect4 7#d7 ,covered employee ,the term covered employee means an employee who holds a covered position4 7#e7 ,covered position ,the term covered position means-- 7,a7 a position within the ,transportation ,security ,administration2 and 7,b7 any position within the ,department of ,homeland ,security1 not described in subparagraph 7,a71 the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the ,aviation and ,transportation ,security ,act 7,public ,law #ajg-ga71 as determined by the ,secretary4 7#f7 ,employee ,the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#h7 ,,tsa personnel management system ,the term ,,tsa personnel management system means any personnel management system established or modified under-- 7,a7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note72 or 7,b7 section #aad7n7 of title #di1 ,united ,states ,code4 #d4 ,conversion of screening personnel 7a7 ,termination of certain personnel authorities 7#a7 ,,tsa personal management system ,section #aad of title #di1 ,united ,states ,code1 is amended by striking subsection 7n74 7#b7 ,termination of flexibility in employment of screener personnel ,section #aaa of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 is amended by striking subsection 7d74 7#c7 ,human resources management system 7,a7 ,in general ,section #igja of title #e1 ,united ,states ,code1 is amended-- 7i7 by redesignating subsection 7h7 as subsection 7i72 and 7ii7 by inserting after subsection 7g7 the following3 7h7 ,limitation ,the human resources management system authorized under this section shall not apply to covered employees or covered positions 7as such terms are defined in section #c of the ,strengthening ,american ,transportation ,security ,act of #bjag74 4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall take effect on the date set forth in subsection 7b74 7b7 ,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 #fj days after the date of the enactment of this ,act-- 7#a7 all ,,tsa personnel management personnel policies1 directives1 letters1 and guidelines1 including the ,determinations of ,february #bjaa and ,december #bjad shall cease to be effective2 7#b7 any human resources management system established or adjusted under section #igja of title #e1 ,united ,states ,code1 shall cease to be effective with respect to covered employees and covered positions2 and 7#c7 covered employees and covered positions shall become subject to the applicable labor provisions under title #di1 ,united ,states ,code4 #e4 ,transition rules 7a7 ,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 #d7;b77#c7 shall be effected1 under pay conversion rules prescribed by the ,secretary1 without any reduction in the rate of basic pay payable to such employee4 7b7 ,preservation of other rights ,the ,secretary shall take any necessary actions to ensure1 for any covered employee as of the conversion date1 that-- 7#a7 all service performed by such covered employee before the conversion date is credited in the determination of such employee's length of service for purposes of applying the provisions of law governing leave1 pay1 group life and health insurance1 severance pay1 tenure1 and status1 which are made applicable to such employee under section #d7;b77#c72 7#b7 all annual leave1 sick leave1 or other paid leave accrued1 accumulated1 or otherwise available to the covered employee immediately before the conversion date remains available to the employee1 until used1 while the employee remains continuously employed by the ,department of ,homeland ,security2 and 7#c7 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 ,security4 #f4 ,consultation requirement 7a7 ,exclusive representative ,the labor organization certified by the ,federal ,labor ,relations ,authority on ,june #bi1 #bjaa1 or successor organization shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 under chapter #ga of title #e1 ,united ,states ,code1 with full rights under such chapter #ga4 7b7 ,consultation rights ,not later than #ad days after the date of the enactment of this ,act1 the ,secretary shall-- 7#a7 consult with the exclusive representative for employees under chapter #ga of title #e1 ,united ,states ,code1 on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this ,act2 and 7#b7 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 ,act1 including with respect to-- 7,a7 the proposed conversion date2 and 7,b7 measures to ensure compliance with section #e4 7c7 ,required agency response ,if any views or recommendations are presented under subsection 7b77#b7 by the exclusive representative1 the ,secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken4 7d7 ,sunset provision ,the provisions of this section shall cease to be effective as of the conversion date4 #g4 ,no right to strike ,nothing in this ,act may be construed-- 7#a7 to repeal or otherwise affect-- 7,a7 section #aiah of title #ah1 ,united ,states ,code 7relating to disloyalty and asserting the right to strike against the ,government72 or 7,b7 section #gcaa of title #e1 ,united ,states ,code 7relating to loyalty and striking72 or 7#b7 to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph 7#a74 #h4 ,rulemaking ,the ,secretary may prescribe any regulations that may be necessary to carry out this ,act4 #i4 ,delegations to ,administrator ,the ,secretary may1 with respect to any authority or function vested in the ,secretary under any of the preceding provisions of this ,act1 delegate any such authority or function to the ,administrator of the ,transportation ,security ,administration under such terms1 conditions1 and limitations1 including the power of redelegation1 as the ,secretary considers appropriate4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4