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Title III — Workforce Protections

S. 697 · 113th Congress · Apr 10, 2013 · Lineage

III Workforce Protections

Sec. 301 Job and benefit protections

Subsection (c) of section 44920 of title 49, United States Code, is amended to read as follows:

“(c) Qualified private screening company

“(1) In general—Beginning on the date of the enactment of the Contract Screener Reform and Accountability Act, a private screening company is qualified to provide screening services at an airport under this section if the private screening company will—

“(A) employ only individuals to provide such services who meet all the requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under this chapter;

“(B) provide the right of first refusal to the Federal Government personnel who performed screening services at the airport before the contract to provide screening services at the airport was awarded to the private screening company;

“(C) presume that personnel described in subparagraph (B) who are in good standing are qualified under this subsection; and

“(D) offer such individuals employment with compensation and other benefits that are equal to or greater than the level of compensation and other benefits that such personnel were provided by the Federal Government at the time the contract to provide screening services at the airport was awarded to the private screening company.

“(2) Rule of construction—Nothing in this subsection may be construed to require any private screening company that is a qualified private screening company as of the date that is one day before the date of the enactment of the Contract Screener Reform and Accountability Act to implement paragraph (1) with respect to any contract that was entered into with the Under Secretary before such date of enactment.”

Sec. 302 Retention and discipline

Section 44920 of title 49, United States Code, as amended by section 205 of this Act, is further amended by adding at the end the following new subsection:

“(p) Retention and discipline

“(1) In general—Each private screening company that provides screening services at an airport under this section shall, on a monthly basis, provide the Under Secretary with information on retention rates of screeners and supervisory personnel employed by the private screening company at that airport, and a detailed description of adverse employment actions taken against any of such screeners or supervisory personnel.

“(2) Report required—The Under Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, upon request by either such Committee, a report containing the information required to be provided to the Under Secretary under paragraph (1).”

Sec. 303 Protections for reporting deficiencies, waste, or vulnerabilities

(a)
In general— Section 44920 of title 49, United States Code, as amended by section 302 of this Act, is further amended by adding at the end the following new subsection:

“(q) Protections for reporting deficiencies

“(1) In general—Not later than 90 days after the date of the enactment of the Contract Screener Reform and Accountability Act, the Under Secretary shall establish a process by which any person may submit to the Under Secretary a report regarding problems, deficiencies, waste, or vulnerabilities with respect to screening services provided at an airport where such services are provided by a private screening company under this section.

“(2) Confidentiality—The Under Secretary shall keep confidential the identity of a person who submits a report under paragraph (1), and any such report shall be treated as protected information.

“(3) Acknowledgment of receipt—If a report submitted under paragraph (1) identifies the person submitting the report, the Under Secretary shall respond promptly to the person to acknowledge receipt of the report.

“(4) Steps to address problems—The Under Secretary shall review and consider the information provided in any report submitted under paragraph (1) and shall, as necessary, take appropriate steps under this title to address any problem, deficiency, waste, or vulnerability identified in such report.

“(5) Retaliation prohibited

“(A) Prohibition—No private screening company may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or other privileges of employment because the employee (or any person acting pursuant to a request of the employee)—

“(i) notified the Under Secretary of any problem, deficiency, waste, or vulnerability with respect to screening services provided by the private screening company;

“(ii) refused to engage in any practice made unlawful by this title, if the employee has notified the private screening company of the alleged illegality;

“(iii) testified before or otherwise provided information relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of this title;

“(iv) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title;

“(v) testified or is about to testify in any such proceeding; or

“(vi) assisted or participated in or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title.

“(B) Suspension of contract—If the Under Secretary determines that any private screening company has engaged in retaliation in violation of subparagraph (A), the Under Secretary shall suspend the contract of the private screening company to provide screening services under this section.”

(b)
Rule of construction— Nothing in subsection (q) of section 44920 of title 49, United States Code, as added by subsection (a) of this section, may be construed as in any manner affecting any other provision of law relating to protections for the reporting of problems, deficiencies, waste, or vulnerabilities, including protections against retaliation related to such reporting.