,i #aafth ,,congress #ast ,session ,h4 ,r4 #aadj ,,in ,,the ,,house ,,of ,,representatives ,february #aa1 #bjai,mr4 ,thompson of ,mississippi 7for himself and ,mrs4 ,lowey7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 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 under title #e1 ,united ,states ,code1 to employees of the ,transportation ,security ,administration who provide screening of all passengers and property1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rights for ,transportation ,security ,officers ,act of #bjai4 #b4 ,findings2 ,sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,on ,september #aa1 #bjja1 nineteen terrorists1 who underwent airport security screening prior to boarding domestic flights1 were able to commandeer four 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,,atsa71 enacted by ,president ,george ,w4 ,bush on ,november #ai1 #bjja 7,public ,law #ajg-ga71 to enhance the level of security screening throughout our aviation system and transfer responsibility for such screening from the private sector to a new ,federal agency1 the ,transportation ,security ,administration 7,,tsa74 7#c7 ,,tsa was established in recognition of the need to raise the level of screener performance and that achieving such performance is directly linked to employment and training standards1 pay and benefits1 and the creation of an experienced1 committed ,federal screening workforce4 7#d7 ,the ,aviation and ,transportation ,security ,act included a statutory footnote allowing the ,,tsa ,administrator to employ1 appoint1 discipline1 terminate1 and fix the compensation1 including the terms1 and conditions of employment of ,federal ,service for such a number of individuals as the ,administrator determines to be necessary to carry out the screening functions of the ,under ,secretary under section #ddija of title #di1 ,united ,states ,code4 7#e7 ,,tsa has cited the ,,atsa footnote as the basis for developing a personnel system for the ,,tso workforce1 while all other ,transportation ,security ,administration employees1 including managers1 are under the ,federal personnel system provided under 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 then-,,tsa ,administrator ,john ,pistole issued a binding determination stating in part 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 security4 7#h7 ,subsequently1 in #bjad1 then-,administrator ,pistole issued a second determination1 which was superseded by a #bjaf determination1 which changed the previous guidelines for collective bargaining and limited the subjects that can be bargained as well as issues in dispute that may be raised to an independent1 third-party neutral decisionmaker4 7#i7 ,the #bjaa1 #bjad1 and #bjaf determinations cited the ,,atsa footnote as authority to create a personnel system that denies the ,transportation ,security ,officer workforce the same rights and protections under title #e1 ,united ,states ,code1 as other ,federal workers1 including the right to present grievances to a neutral third party1 fair pay under the ,general ,services wage system1 including access to overtime pay and earned leave1 and ,fair ,labor ,standards ,act protections4 7#aj7 ,the ,transportation ,security ,officer workforce is an integral component of the security framework in place since the terrorist attacks on ,september #aa1 #bjja1 and responsible for screening more than #gch million passengers annually4 7#aa7 ,in the course of their work1 ,transportation ,security ,officers not only identify aviation security threats but also identify kidnapping and trafficking victims and prevent firearms from being brought on planes in carry-on bags4 ,in #bjah alone1 #d1bci firearms were discovered by ,transportation ,security ,officers at aviation security checkpoints4 7#ab7 ,every day1 ,transportation ,security ,officers put their safety on the line to protect the flying public and on ,november #a1 #bjac1 a ,transportation ,security ,officer1 ,gerardo ,hernandez1 gave his life to protect the flying public when he was killed by a gunman who attacked the ,los ,angeles ,international ,airport4 7#ac7 ,transportation ,security ,officers are vital to aviation security and have kept the ,american aviation system secure1 even during lapses in appropriations1 when they were not paid4 ,for #af days in #bjac1 three days in #bjah1 and1 most recently1 #ce days in at the end of #bjah through early #bjai1 the ,,tsa workforce worked without pay alongside airplane safety specialists1 air traffic controllers1 and other ,federal workers responsible for the aviation security and safety framework that has protected ,united ,states air travel since #bjja4 7#ad7 ,the adverse impact of two missed paychecks during the shutdown that took place between ,december #bb1 #bjah1 and ,january #be1 #bjai1 was felt disproportionately by the ,transportation ,security ,officer workforce1 with many ,officers receiving starting salaries of as low as #cb1jjj4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,transportation ,security ,administration's personnel system for the ,transportation ,security ,officer workforce provides insufficient benefits and workplace protections to these frontline personnel who secure the ,united ,states aviation system1 and that such personnel should be provided protections and benefits under title #e1 ,united ,states ,code4 #c4 ,definitions ,for purposes of this ,act-- 7#a7 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 ,secretary2 7#b7 the term covered employee means an employee who holds a covered position2 7#c7 the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code2 7#d7 the term ,secretary means the ,secretary of ,homeland ,security2 7#e7 the term ,administrator means the ,administrator of the ,transportation ,security ,administration2 7#f7 the term ,,tsa personnel management system means any personnel management system1 as established or modified under-- 7,a7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act2 or 7,b7 section #aad7n7 of title #di1 ,united ,states ,code2 7#g7 the term agency means an ,executive agency1 as defined by section #aje of title #e1 ,united ,states ,code2 and 7#h7 the term conversion date means the date as of which paragraphs 7#a7 through 7#c7 of section #d7;b7 take effect4 #d4 ,conversion of screening personnel 7a7 ,termination of certain personnel authorities ,effective as of the date of the enactment of this ,act-- 7#a7 each provision of law cited in section #c7f7 is repealed1 and any authority to establish or modify a ,,tsa personnel management system under either such provision of law shall terminate2 7#b7 all authority to establish or adjust a human resources management system under chapter #ig of title #e1 ,united ,states ,code1 shall terminate with respect to covered employees and covered positions2 and 7#c7 section #ddice note of title #di1 ,united ,states ,code1 is repealed4 7b7 ,covered employees and positions made subject to same personnel management system as applies to civil service employees generally ,effective as of the date determined by the ,secretary1 but in no event later than #fj days after the date of the enactment of this ,act-- 7#a7 all ,,tsa personnel management policies1 letters1 guidelines1 and directives1 including the ,august #bjaf ,determination1 shall cease to be effective2 7#b7 any human resources management system established or adjusted under chapter #ig of title #e1 ,united ,states ,code1 to the extent otherwise applicable with respect to covered employees or covered positions1 shall cease to be effective2 and 7#c7 covered employees and covered positions shall become subject to the provisions of title #e1 ,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 made applicable with respect to such employee by 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 ,in the case of each individual who is a covered employee as of the conversion date1 the ,secretary shall take any actions which may be necessary to ensure that-- 7#a7 all ,,tsa personnel management policies1 letters1 guidelines1 and directives1 including the ,august #bjaf ,determination1 shall cease to be effective2 7#b7 all annual leave1 sick leave1 or other paid leave accrued1 accumulated1 or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee1 until used1 so long as such individual 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 shall remain the same as was the case immediately before the conversion date1 so long as such individual 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 shall be treated as the exclusive representative of full- and part-time non-supervisory personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 as that term is used in section #aaa7;d7 of the ,aviation and ,transportation ,security ,act and shall be the exclusive representative for the employees under chapter #ga of title #e1 ,united ,states ,code1 with full rights under such chapter #ga4 ,any collective bargaining agreement on the effective date of this legislation shall remain in effect4 7b7 ,consultation rights ,within #ad days after the date of the enactment of this ,act1 the ,secretary shall 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 ,act4 ,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 ,act1 including with respect to such matters as-- 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 shall be considered-- 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 ,regulations ,the ,secretary may prescribe any regulations 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