text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Strengthening 
  American Transportation Security Act of 2016''.
      (b) Table of Contents.--The table of contents for 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.
  
  SEC. 2. FINDINGS; SENSE OF CONGRESS.
  
      (a) Findings.--Congress finds the following:
              (1) On September 11, 2001, 19 terrorists, who underwent 
          airport security screening prior to boarding domestic flights, 
          were able to commandeer 4 airplanes and use those airplanes to 
          perpetrate the most deadly terrorist attack ever to be executed 
          on United States soil.
              (2) In the aftermath of those attacks, Congress passed the 
          Aviation and Transportation Security Act (Public Law 107-71), 
          which was signed into law by President George W. Bush on 
          November 19, 2001--
                      (A) to enhance the level of security screening 
                  throughout our aviation system; and
                      (B) to transfer responsibility for such screening 
                  from the private sector to the newly established 
                  Transportation Security Administration (referred to in 
                  this section as ``TSA'').
              (3) By establishing TSA, Congress and the American public 
          recognized that the highest level of screener performance was 
          directly linked to employment and training standards, pay and 
          benefits, and the creation of an experienced, committed 
          screening workforce.
              (4) Section 111(d) of the Aviation and Transportation 
          Security Act (49 U.S.C. 44935 note) authorizes the Under 
          Secretary of Transportation for Security to ``employ, appoint, 
          discipline, terminate, and fix the compensation, terms, 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 44901 of title 49, United States 
          Code''. The functions of the TSA were transferred to the 
          Department of Homeland Security by section 403 of the Homeland 
          Security Act of 2002 (6 U.S.C. 203).
              (5) TSA has interpreted the authorization set forth in 
          paragraph (4) as applying to the majority of the Transportation 
          Security Officer workforce performing screening functions, 
          while all other Transportation Security Administration 
          employees, including managers, are subject to title 5, United 
          States Code, as incorporated in title 49 of such Code.
              (6) In November 2006, the International Labor Organization 
          ruled that the Bush Administration violated international labor 
          law when it prohibited Transportation Security Officers from 
          engaging in collective bargaining.
              (7) After the Federal Labor Relations Board approved a 
          petition for the election of an exclusive representative, on 
          February 4, 2011, 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 kinds. This is important not 
          just for morale; engagement of every employee is critically 
          important for security.''.
              (8) This determination was superseded by a second 
          determination issued on December 29, 2014, which changed the 
          previous guideline for collective bargaining and resulting in 
          limitations in the subjects that can be bargained, issues in 
          dispute that may be raised to an independent, third-party 
          neutral decisionmaker (such as an arbitrator or the Merit 
          Systems Protection Board), and barriers to union representation 
          of the Transportation Security Officer workforce.
              (9) The 2011 and 2014 determinations both cited TSA's 
          authority under section 111(d) of the Aviation and 
          Transportation Security Act (49 U.S.C. 44935 note) to create a 
          personnel system that denies the Transportation Security 
          Officer workforce the rights under title 5, United States Code, 
          that are provided to most other Federal workers, including--
                      (A) the right to appeal adverse personnel decisions 
                  to the Merit Systems Protection Board;
                      (B) fair pay under the General Services wage 
                  system, 2011;
                      (C) fair pay and raises under the General Services 
                  wage system, including overtime guidelines, access to 
                  earned leave;
                      (D) the application of the Fair Labor Standards Act 
                  of 1938 (29 U.S.C. 201 et seq.);
                      (E) fair performance appraisals under chapter 73 of 
                  title 5, United States Code; and
                      (F) direct protections against employment 
                  discrimination set forth in title 7, United States 
                  Code.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the personnel system utilized by the Transportation 
          Security Administration pursuant to section 111(d) of the 
          Aviation and Transportation Security Act (49 U.S.C. 44935 note) 
          provides insufficient workplace protections for the 
          Transportation Security Officer workforce, who are the 
          frontline personnel who secure our Nation's aviation system; 
          and
              (2) such personnel should be entitled to the protections 
          under title 5, United States Code.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) 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 
          Act, whether designated as the Assistant Secretary of Homeland 
          Security (Transportation Security Administration), the 
          Administrator of the Transportation Security Administration, 
          the Undersecretary of Transportation for Security, or 
          otherwise.
              (2) Agency.--The term ``agency'' means an Executive agency, 
          as defined by section 105 of title 5, United States Code.
              (3) Conversion date.--The term ``conversion date'' means 
          the date as of which paragraphs (1) through (3) of section 3(b) 
          take effect.
              (4) Covered employee.--The term ``covered employee'' means 
          an employee who holds a covered position.
              (5) Covered position.--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 subparagraph (A), the duties 
                  and responsibilities of which involve providing 
                  transportation security in furtherance of the purposes 
                  of the Aviation and Transportation Security Act (Public 
                  Law 107-71), as determined by the Secretary.
              (6) Employee.--The term ``employee'' has the meaning given 
          such term by section 2105 of title 5, United States Code.
              (7) Secretary.--The term ``Secretary'' means the Secretary 
          of Homeland Security.
              (8) TSA personnel management system.--The term ``TSA 
          personnel management system'' means any personnel management 
          system established or modified under--
                      (A) section 111(d) of the Aviation and 
                  Transportation Security Act (49 U.S.C. 44935 note); or
                      (B) section 114(n) of title 49, United States Code.
  
  SEC. 4. CONVERSION OF SCREENING PERSONNEL.
  
      (a) Termination of Certain Personnel Authorities.--
              (1) TSA personal management system.--Section 114 of title 
          49, United States Code, is amended by striking subsection (n).
              (2) Termination of flexibility in employment of screener 
          personnel.--Section 111 of the Aviation and Transportation 
          Security Act (49 U.S.C. 44935 note) is amended by striking 
          subsection (d).
              (3) Human resources management system.--
                      (A) In general.--Section 9701 of title 5, United 
                  States Code, is amended--
                              (i) by redesignating subsection (h) as 
                          subsection (i); and
                              (ii) by inserting after subsection (g) the 
                          following:
      ``(h) Limitation.--The human resources management system authorized 
  under this section shall not apply to covered employees or covered 
  positions (as such terms are defined in section 3 of the Strengthening 
  American Transportation Security Act of 2016).''.
                      (B) Effective date.--The amendments made by 
                  subparagraph (A) shall take effect on the date set 
                  forth in subsection (b).
      (b) 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 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 section 9701 of title 5, United States Code, 
          shall cease to be effective with respect to covered employees 
          and covered positions; and
              (3) covered employees and covered positions shall become 
          subject to the applicable labor provisions under title 49, 
          United States Code.
  
  SEC. 5. TRANSITION RULES.
  
      (a) 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 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.
      (b) Preservation of Other Rights.--The Secretary shall take any 
  necessary actions to ensure, for any covered employee as of the 
  conversion date, that--
              (1) 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 leave, pay, group life and health 
          insurance, severance pay, tenure, and status, which are made 
          applicable to such employee under section 4(b)(3);
              (2) all annual leave, sick leave, or other paid leave 
          accrued, accumulated, or otherwise available to the covered 
          employee immediately before the conversion date remains 
          available to the employee, until used, while the employee 
          remains continuously 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 remains at the level in effect immediately before the 
          conversion date while the employee remains continuously 
          employed by the Department of Homeland Security.
  
  SEC. 6. CONSULTATION REQUIREMENT.
  
      (a) Exclusive Representative.--The labor organization certified by 
  the Federal Labor Relations Authority on June 29, 2011, or successor 
  organization shall be deemed the exclusive representative of full- and 
  part-time nonsupervisory personnel carrying out screening functions 
  under section 44901 of title 49, United States Code under chapter 71 of 
  title 5, United States Code, with full rights under such chapter 71.
      (b) Consultation Rights.--Not later than 14 days after the date of 
  the enactment of this Act, the Secretary shall--
              (1) 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 conversion 
          of covered employees and covered positions under this Act; and
              (2) 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 Act, including with respect to--
                      (A) the proposed conversion date; and
                      (B) 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 
  recommendations 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 section shall cease 
  to be effective as of the conversion date.
  
  SEC. 7. NO RIGHT TO STRIKE.
  
      Nothing in this Act may be construed--
              (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).
  
  SEC. 8. REGULATIONS.
  
      The Secretary may prescribe any regulations that may be necessary 
  to carry out this Act.
  
  SEC. 9. DELEGATIONS TO ADMINISTRATOR.
  
      The Secretary may, with respect to any authority or function vested 
  in the Secretary under any of the preceding provisions of this Act, 
  delegate any such authority or function to the Administrator of the 
  Transportation Security 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.
target: Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees.  Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees; and (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees.  The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system.  The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.
feat_title: Strengthening American Transportation Security Act of 2016