Improving America's Security Act--Continued
IMPROVING AMERICA'S SECURITY ACT--Continued -- (Senate - March 07, 2007)
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Ms. COLLINS. Mr. President, it is very clear to me that we can take significant steps today to give TSA employees more protections, and that is what the amendment I and several others have proposed would do. It would bring TSA employees under the Whistleblowers Protection Act, and it would allow them to appeal any adverse employment action such as a firing or demotion to an independent agency, the Merit Systems Protection Board. These are rights I believe TSA employees should have. They are rights that are similar to those enjoyed by other Federal employees. But what we are trying to do is strike a balance between giving the employees all of the standard collective bargaining rights and the security needs of the TSA.
The TSA security needs are not hypothetical. TSA has shared with us, in a highly classified briefing, details of when they have had to change the employee work conditions or assignments or duties. This isn't just a hypothetical need. It is one we saw last summer be put in place in the wake of a bombing plot that, fortunately, was thwarted. These are needs that came into play in the response to Hurricane Katrina. What I have suggested in my amendment is that we take major steps to afford more employee rights and protections to the TSA personnel, but we do so in a way that maintains the flexibility TSA has told us, both in classified session and in public hearings, they need to help safeguard our country.
The amendment I have proposed also includes other protections for the employees. It makes very clear that they can join a union. There are several TSOs who have joined a union in order for representation, if there is an adverse employment action.
Another provision of the bill recognizes this is not the final word on the issue but asks for TSA and the GAO to take a look at the personnel system for TSA and report back to us in a year's time about whether there should be other changes made to improve the system.
The amendment also provides for a pay-for-performance system which has been successfully implemented at TSA. We want to codify that.
I don't think this is an all-or-nothing debate. We can take some significant steps today. Secretary Chertoff has sent a letter on behalf of the administration that comments on the alternative proposal put forth by my friend from Missouri, Senator McCaskill. I do have a lot of admiration for my friend and colleague, but I think my other colleagues should be aware that the Department says that ``this amendment regrettably does not provide a workable solution. Indeed, in some respects it would make it even more difficult for the ..... (TSA) to manage its workforce than would section 803 [in the underlying bill.]'
I want to make sure my colleagues are aware that the Department of Homeland Security believes the underlying bill, the language authored by the Senator from Connecticut, is preferable to the language offered by the Senator from Missouri.
I ask unanimous consent that the entire letter from Secretary Chertoff be printed in the Record.
There being no objection, the material was ordered to be printed in the RECORD
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Ms. COLLINS. Mr. President, this is an attempt to find middle ground on a very difficult issue. The amendment that I and my colleagues offer the Senate would provide TSA employees with the right to appeal to the Merit Systems Protection Board any adverse action taken against them. Those rights would be identical to the rights that other Federal employees have. It would give them the protections of the Whistleblowers Protection Act. It recognizes that TSA employees have the right to join a union, and it calls for us to revisit this issue in a year by having a report from TSA and the GAO.
I think this helps give more rights and employment protections to TSA employees without impeding the necessary flexibility that TSA needs to have for our security.
I urge support of the amendment.
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Ms. COLLINS. Mr. President, I am just going to make a brief statement before the Senator from Connecticut propounds the unanimous consent request. Now that I have seen the unanimous consent request, I am not going to object to it, but I do want to comment briefly on the two votes that we have just taken on the issue of the TSA employees.
I think those votes were extremely unfortunate because everyone in this Chamber knows that the President is going to veto this important bill if the provisions remain in the bill as the Senate just voted.
If that happens, it means the TSA employees will not receive the additional protections and rights that I advocated for in the amendment that I presented to the Senate. They will be back to a situation where they cannot appeal adverse employment actions to an independent agency, the Merit Systems Protection Board. They will be back in the situation where they cannot be protected by the Whistleblower Protection Act.
It is unfortunate that the votes we have just taken will actually set back the cause of providing employee protections that the TSA screeners should have.
I want to make sure that my colleagues are aware of what the practical implications and what the results will be of the votes just taken because there are clearly sufficient votes in this Chamber to sustain the President's veto, and I think it is very unfortunate that we are not going to be able to proceed to give these employees rights they deserve, rights they should have, and rights that would not impair our security.
I thank the Chair.
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Ms. COLLINS. Madam President, I am very sympathetic to the concerns of the Republican leader about trying to move forward with some votes. I do wish he had discussed his approach with the managers of this bill since he has taken us completely by surprise on the Senate floor, but I think he has raised an important issue, that our Members deserve to have votes on the important issues that are before us. If we are going to complete action on this bill by the end of the week, we need to start voting. We need to start disposing of these amendments, whether they are adopted or rejected or withdrawn. So I am sympathetic to the frustration of the Republican leader over this matter. We do need to move forward and have votes.
I do wish he had discussed his intentions with the managers of the bill.
I yield the floor.
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