IB 

Union Calendar No. 320 

116TH CONGRESS 

2D SESSION H. R. 1140 

[Report No. 116–398, Part I] 

To enhance the security operations of the Transportation Security Administration and stability of the transportation security workforce by applying 

the personnel system under title 5, United States Code, to employees 

of the Transportation Security Administration who provide screening 

of all passengers and property, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2019 

Mr. THOMPSON of Mississippi (for himself and Mrs. LOWEY) introduced the 

following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

FEBRUARY 21, 2020 

Additional sponsors: Ms. JACKSON LEE, Mrs. DEMINGS, Mrs. WATSON COLEMAN, Ms. WASSERMAN SCHULTZ, Mr. DEFAZIO, Mr. DAVID SCOTT of 

Georgia, Ms. TITUS, Ms. MOORE, Ms. BONAMICI, Mr. SOTO, Mr. 

KHANNA, Ms. BROWNLEY of California, Mrs. LURIA, Ms. WILD, Mr. 

MCGOVERN, Mrs. BEATTY, Mr. BLUMENAUER, Ms. HAALAND, Ms. PINGREE, Mr. CARBAJAL, Mr. HUFFMAN, Ms. LEE of California, Mr. 

LOWENTHAL, Mrs. TORRES of California, Mrs. NAPOLITANO, Ms. 

OCASIO-CORTEZ, Ms. LOFGREN, Mr. ESPAILLAT, Miss RICE of New 

York, Mr. SCHRADER, Mr. LYNCH, Mr. CLEAVER, Mr. POCAN, Ms. 

CLARK of Massachusetts, Mr. KILMER, Mr. DOGGETT, Mrs. LEE of Nevada, Mr. LAMB, Mr. SMITH of Washington, Mr. PAPPAS, Mr. BRENDAN

F. BOYLE of Pennsylvania, Ms. VELA ́ZQUEZ, Mr. COHEN, Mr. COX of 

California, Mr. HIMES, Mr. HECK, Ms. MENG, Ms. HILL of California, 

Mr. ROSE of New York, Ms. CLARKE of New York, Mrs. CAROLYN B. 

MALONEY of New York, Mr. SCOTT of Virginia, Mr. PERLMUTTER, Ms. 

KAPTUR, Mr. TAKANO, Mr. RYAN, Ms. MUCARSEL-POWELL, Ms. SCHAKOWSKY, Ms. DELBENE, Mrs. MURPHY of Florida, Mr. JEFFRIES, Ms. 


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OMAR, Ms. NORTON, Mr. GRIJALVA, Mr. PAYNE, Mr. AGUILAR, Mr. PALLONE, Mr. LEWIS, Ms. BASS, Mr. KENNEDY, Ms. ESHOO, Mr. NEGUSE, 

Mr. DELGADO, Mrs. BUSTOS, Mr. BEYER, Ms. MCCOLLUM, Mr. CRIST, 

Ms. DELAURO, Mr. TRONE, Ms. KUSTER of New Hampshire, Mr. 

TONKO, Mr. SUOZZI, Ms. KENDRA S. HORN of Oklahoma, Mr. CORREA, 

Mr. MALINOWSKI, Mr. RUIZ, Mr. HIGGINS of New York, Mr. VEASEY, 

Mr. VELA, Ms. SHALALA, Ms. SEWELL of Alabama, Ms. ADAMS, Ms. 

WEXTON, Mr. LANGEVIN, Ms. DEGETTE, Mr. LARSEN of Washington, 

Mr. ZELDIN, Mr. CROW, Mrs. AXNE, Mr. SWALWELL of California, Mr. 

PRICE of North Carolina, Mr. YARMUTH, Mr. CUMMINGS, Mr. HASTINGS, 

Mr. CARSON of Indiana, Mr. RUSH, Ms. CASTOR of Florida, Mr. 

KRISHNAMOORTHI, Mr. LIPINSKI, Mr. GARCI ́A of Illinois, Mr. BROWN of 

Maryland, Mr. RASKIN, Mr. WELCH, Ms. CRAIG, Mr. PHILLIPS, Mr. KILDEE, Mr. FOSTER, Mr. SIRES, Ms. BARRAGA ́N, Mr. FITZPATRICK, Ms. 

FINKENAUER, Mr. LEVIN of Michigan, Ms. ROYBAL-ALLARD, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. NEAL, Mrs. TRAHAN, Mr. KIM, 

Mr. ENGEL, Ms. KELLY of Illinois, Mrs. MCBATH, Mr. LAWSON of Florida, Ms. JAYAPAL, Mr. RICHMOND, Mr. ROUDA, Ms. SCHRIER, Mr. 

GARAMENDI, Mr. NADLER, Mr. KEATING, Mr. GALLEGO, Mr. PANETTA, 

Mrs. LAWRENCE, Mr. SERRANO, Mr. RUPPERSBERGER, Mr. LUJA ́N, Mr. 

SHERMAN, Mr. HARDER of California, Ms. SCANLON, Mrs. HAYES, Mr. 

BERA, Mr. CARTWRIGHT, Mr. BRINDISI, Mr. LARSON of Connecticut, Mr. 

THOMPSON of California, Mr. VAN DREW, Ms. WATERS, Mr. VARGAS, 

Mrs. KIRKPATRICK, Mr. PETERS, Ms. SA ́NCHEZ, Ms. FRANKEL, Mr. 

COLLINS of New York, Ms. DAVIDS of Kansas, Mr. GOTTHEIMER, Mr. 

NORCROSS, Ms. PRESSLEY, Mr. CUELLAR, Ms. TLAIB, Mr. LOEBSACK, 

Ms. JOHNSON of Texas, Ms. SPANBERGER, Mr. COURTNEY, Mr. 

CA ́RDENAS, Mr. LEVIN of California, Mr. GOLDEN, Ms. JUDY CHU of 

California, Mr. GONZALEZ of Texas, Mr. CASTRO of Texas, Ms. GARCIA

of Texas, Mr. KIND, Mr. EVANS, Ms. TORRES SMALL of New Mexico, 

Mr. MCNERNEY, Ms. UNDERWOOD, Mr. SABLAN, Mr. SCHNEIDER, Ms. 

HOULAHAN, Mr. BISHOP of Georgia, Ms. SPEIER, Ms. FUDGE, Mr. 

STANTON, Ms. DEAN, Ms. WILSON of Florida, Mr. SARBANES, Mr. 

CUNNINGHAM, Mr. GREEN of Texas, Mr. ALLRED, Mr. PASCRELL, Mrs. 

DINGELL, Mr. BUTTERFIELD, Mr. SEAN PATRICK MALONEY of New 

York, Mr. YOUNG, Mr. DANNY K. DAVIS of Illinois, Mr. QUIGLEY, Ms. 

ESCOBAR, Mrs. FLETCHER, Mr. MCEACHIN, Mr. MOULTON, Mr. SMITH

of New Jersey, Ms. PORTER, Mr. CLAY, Ms. MATSUI, Ms. SHERRILL, Mr. 

PETERSON, Ms. GABBARD, Mr. CICILLINE, Mr. MEEKS, Mr. TED LIEU

of California, Mr. GOMEZ, Mrs. DAVIS of California, Mr. CASE, Mr. 

DEUTCH, Mr. O’HALLERAN, Mr. CONNOLLY, Mr. DESAULNIER, Ms. 

STEVENS, Mr. MCKINLEY, Mr. CISNEROS, Mr. JOHNSON of Georgia, Mr. 

COSTA, Mr. RODNEY DAVIS of Illinois, Mr. HORSFORD, Mr. MORELLE, 

Mr. STAUBER, Mr. SCHIFF, Mr. JOYCE of Ohio, Ms. BLUNT ROCHESTER, 

Ms. SLOTKIN, Mr. COOPER, Mr. MCADAMS, Mr. CASTEN of Illinois, and 

Mr. VISCLOSKY


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FEBRUARY 21, 2020 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

FEBRUARY 21, 2020 

Committee on Oversight and Reform discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 11, 2019] 


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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 5, United States Code, to employees 

of the Transportation Security Administration who provide screening of all passengers and property, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rights for Transpor5 tation Security Officers Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act— 

8 (1) the term ‘‘adjusted basic pay’’ means— 

9 (A) the rate of pay fixed by law or adminis10 trative action for the position held by a covered 

11 employee before any deductions; and 

12 (B) any regular, fixed supplemental pay13 ment for non-overtime hours of work creditable 

14 as basic pay for retirement purposes, including 

15 any applicable locality payment and any special 

16 rate supplement; 

17 (2) the term ‘‘Administrator’’ means the Admin18 istrator of the Transportation Security Administra19 tion; 

20 (3) the term ‘‘covered employee’’ means an em21 ployee who holds a covered position; 

22 (4) the term ‘‘covered position’’ means a position 

23 within the Transportation Security Administration; 


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1 (5) the term ‘‘conversion date’’ means the date as 

2 of which paragraphs (1) through (4) of section 3(c) 

3 take effect; 

4 (6) the term ‘‘2019 Determination’’ means the 

5 publication, entitled ‘‘Determination on Transpor6 tation Security Officers and Collective Bargaining’’, 

7 issued on July 13, 2019, by Administrator David P. 

8 Pekoske; 

9 (7) the term ‘‘employee’’ has the meaning given 

10 such term by section 2105 of title 5, United States 

11 Code; 

12 (8) the term ‘‘Secretary’’ means the Secretary of 

13 Homeland Security; and 

14 (9) the term ‘‘TSA personnel management sys15 tem’’ means any personnel management system estab16 lished or modified under— 

17 (A) section 111(d) of the Aviation and 

18 Transportation Security Act (49 U.S.C. 44935 

19 note); or 

20 (B) section 114(n) of title 49, United States 

21 Code. 

22 SEC. 3. CONVERSION OF TSA PERSONNEL. 

23 (a) RESTRICTIONS ON CERTAIN PERSONNEL AUTHORI24 TIES.—Notwithstanding any other provision of law, effec25 tive as of the date of the enactment of this Act— 


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1 (1) any TSA personnel management system in 

2 use for covered employees and covered positions on the 

3 day before such date of enactment, and any TSA per4 sonnel management policy, letters, guideline, or direc5 tive in effect on such day may not be modified; 

6 (2) no TSA personnel management policy, letter, 

7 guideline, or directive that was not established before 

8 such date issued pursuant to section 111(d) of the 

9 Aviation and Transportation Security Act (49 U.S.C. 

10 44935 note) or section 114(n) of title 49, United 

11 States Code, may be established; and 

12 (3) any authority to establish or adjust a human 

13 resources management system under chapter 97 of 

14 title 5, United States Code, shall terminate with re15 spect to covered employees and covered positions. 

16 (b) PERSONNEL AUTHORITIES DURING TRANSITION

17 PERIOD.—Any TSA personnel management system in use 

18 for covered employees and covered positions on the day be19 fore the date of enactment of this Act and any TSA per20 sonnel management policy, letter, guideline, or directive in 

21 effect on the day before the date of enactment of this Act 

22 shall remain in effect until the effective date under sub23 section (c). 

24 (c) TRANSITION TO GENERAL PERSONNEL MANAGE25 MENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOYVerDate Sep 11 2014 21:18 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1140.RH H1140

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1 EES.—Effective as of the date determined by the Secretary, 

2 but in no event later than 180 days after the date of the 

3 enactment of this Act— 

4 (1) each provision of law cited in section 2(9) is 

5 repealed; 

6 (2) any TSA personnel management policy, let7 ter, guideline, and directive, including the 2019 De8 termination, shall cease to be effective; 

9 (3) any human resources management system es10 tablished or adjusted under chapter 97 of title 5, 

11 United States Code, with respect to covered employees 

12 or covered positions shall cease to be effective; and 

13 (4) covered employees and covered positions shall 

14 be subject to the provisions of title 5, United States 

15 Code. 

16 (d) SAFEGUARDS ON GRIEVANCES.—In carrying out 

17 this Act, the Secretary shall take such actions as are nec18 essary to provide an opportunity to each covered employee 

19 with a grievance or disciplinary action (including an ad20 verse action) pending within TSA on the date of enactment 

21 of this Act or at any time during the transition period de22 scribed in subsection (c) to have such grievance removed to 

23 proceedings pursuant to title 5, United States Code, or con24 tinued within TSA. 


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1 SEC. 4. TRANSITION RULES. 

2 (a) NONREDUCTION IN PAY AND COMPENSATION.— 

3 Under pay conversion rules as the Secretary may prescribe 

4 to carry out this Act, a covered employee converted from 

5 a TSA personnel management system to the provisions of 

6 title 5, United States Code, pursuant to section 2(c)(4) shall 

7 not be subject to any reduction in the rate of adjusted basic 

8 pay payable, or total compensation provided, to such cov9 ered employee. 

10 (b) PRESERVATION OF OTHER RIGHTS.—In the case 

11 of each covered employee as of the conversion date, the Sec12 retary shall take any actions necessary to ensure that— 

13 (1) any annual leave, sick leave, or other paid 

14 leave accrued, accumulated, or otherwise available to 

15 a covered employee immediately before the conversion 

16 date shall remain available to the employee until 

17 used; and 

18 (2) the Government share of any premiums or 

19 other periodic charges under chapter 89 of title 5, 

20 United States Code, governing group health insurance 

21 shall remain at least the same as was the case imme22 diately before the conversion date. 

23 SEC. 5. CONSULTATION REQUIREMENT. 

24 (a) EXCLUSIVE REPRESENTATIVE.—The labor organi25 zation certified by the Federal Labor Relations Authority 

26 on June 29, 2011, or successor labor organization shall be 


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1 treated as the exclusive representative of full- and part-time 

2 non-supervisory TSA personnel carrying out screening 

3 functions under section 44901 of title 49, United States 

4 Code, and shall be the exclusive representative for such per5 sonnel under chapter 71 of title 5, United States Code, with 

6 full rights under such chapter. Any collective bargaining 

7 agreement covering such personnel on the date of enactment 

8 of this Act shall remain in effect, consistent with subsection 

9 (d). 

10 (b) CONSULTATION RIGHTS.—Not later than 7 days 

11 after the date of the enactment of this Act, the Secretary 

12 shall consult with the exclusive representative for the per13 sonnel described in subsection (a) under chapter 71 of title 

14 5, United States Code, on the formulation of plans and 

15 deadlines to carry out the conversion of covered employees 

16 and covered positions under this Act. Prior to the conver17 sion date, the Secretary shall provide (in writing) to such 

18 exclusive representative the plans for how the Secretary in19 tends to carry out the conversion of covered employees and 

20 covered positions under this Act, including with respect to 

21 such matters as— 

22 (1) the anticipated conversion date; and 

23 (2) measures to ensure compliance with sections 

24 3 and 4. 


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1 (c) REQUIRED AGENCY RESPONSE.—If any views or 

2 recommendations are presented under subsection (b) by the 

3 exclusive representative, the Secretary shall consider the 

4 views or recommendations before taking final action on any 

5 matter with respect to which the views or recommendations 

6 are presented and provide the exclusive representative a 

7 written statement of the reasons for the final actions to be 

8 taken. 

9 (d) SUNSET PROVISION.—The provisions of this sec10 tion shall cease to be effective as of the conversion date. 

11 SEC. 6. NO RIGHT TO STRIKE. 

12 Nothing in this Act shall be considered— 

13 (1) to repeal or otherwise affect— 

14 (A) section 1918 of title 18, United States 

15 Code (relating to disloyalty and asserting the 

16 right to strike against the Government); or 

17 (B) section 7311 of title 5, United States 

18 Code (relating to loyalty and striking); or 

19 (2) to otherwise authorize any activity which is 

20 not permitted under either provision of law cited in 

21 paragraph (1). 


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Union Calendar No. 320 

116TH CONGRESS 

2D SESSION H. R. 1140 

[Report No. 116–398, Part I] 

A BILL 

To enhance the security operations of the Transpassengers and property, and for other purposes. rity Administration who provide screening of all Code, to employees of the Transportation Secu- the personnel system under title 5, United States the transportation security workforce by applying portation Security Administration and stability of 

FEBRUARY 21, 2020 

Reported from the Committee on Homeland Security 

F

with an amendment 

EBRUARY 21, 2020 

Committee on Oversight and Reform discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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