IIB 

116TH CONGRESS 

2D SESSION H. R. 1140 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2020 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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 admin10 istrative action for the position held by a cov11 ered 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 Ad18 ministrator of the Transportation Security Adminis19 tration; 

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

22 (4) the term ‘‘covered position’’ means a posi23 tion within the Transportation Security Administra24 tion; 


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

2 as of which paragraphs (1) through (4) of section 

3 3(c) 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 

13 of Homeland Security; and 

14 (9) the term ‘‘TSA personnel management sys15 tem’’ means any personnel management system es16 tablished 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 

21 States Code. 

22 SEC. 3. CONVERSION OF TSA PERSONNEL. 

23 (a) RESTRICTIONS ON CERTAIN PERSONNEL AU24 THORITIES.—Notwithstanding any other provision of law, 

25 effective 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 

3 the day before such date of enactment, and any TSA 

4 personnel management policy, letters, guideline, or 

5 directive in effect on such day may not be modified; 

6 (2) no TSA personnel management policy, let7 ter, guideline, or directive that was not established 

8 before such date issued pursuant to section 111(d) 

9 of the Aviation and Transportation Security Act (49 

10 U.S.C. 44935 note) or section 114(n) of title 49, 

11 United States Code, may be established; and 

12 (3) any authority to establish or adjust a 

13 human resources management system under chapter 

14 97 of title 5, United States Code, shall terminate 

15 with respect to covered employees and covered posi16 tions. 

17 (b) PERSONNEL AUTHORITIES DURING TRANSITION

18 PERIOD.—Any TSA personnel management system in use 

19 for covered employees and covered positions on the day 

20 before the date of enactment of this Act and any TSA 

21 personnel management policy, letter, guideline, or direc22 tive in effect on the day before the date of enactment of 

23 this Act shall remain in effect until the effective date 

24 under subsection (c). 


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1 (c) TRANSITION TO GENERAL PERSONNEL MANAGE2 MENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOY3 EES.—Effective as of the date determined by the Sec4 retary, but in no event later than 180 days after the date 

5 of the enactment of this Act— 

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

7 is repealed; 

8 (2) any TSA personnel management policy, let9 ter, guideline, and directive, including the 2019 De10 termination, shall cease to be effective; 

11 (3) any human resources management system 

12 established or adjusted under chapter 97 of title 5, 

13 United States Code, with respect to covered employ14 ees or covered positions shall cease to be effective; 

15 and 

16 (4) covered employees and covered positions 

17 shall be subject to the provisions of title 5, United 

18 States Code. 

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

20 this Act, the Secretary shall take such actions as are nec21 essary to provide an opportunity to each covered employee 

22 with a grievance or disciplinary action (including an ad23 verse action) pending within TSA on the date of enact24 ment of this Act or at any time during the transition pe25 riod described in subsection (c) to have such grievance reVerDate Sep 11 2014 21:32 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RFS H1140

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1 moved to proceedings pursuant to title 5, United States 

2 Code, or continued within TSA. 

3 SEC. 4. TRANSITION RULES. 

4 (a) NONREDUCTION IN PAY AND COMPENSATION.— 

5 Under pay conversion rules as the Secretary may prescribe 

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

7 a TSA personnel management system to the provisions of 

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

9 shall not be subject to any reduction in the rate of ad10 justed basic pay payable, or total compensation provided, 

11 to such covered employee. 

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

13 of each covered employee as of the conversion date, the 

14 Secretary shall take any actions necessary to ensure 

15 that— 

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

17 leave accrued, accumulated, or otherwise available to 

18 a covered employee immediately before the conver19 sion date shall remain available to the employee 

20 until used; and 

21 (2) the Government share of any premiums or 

22 other periodic charges under chapter 89 of title 5, 

23 United States Code, governing group health insur24 ance shall remain at least the same as was the case 

25 immediately before the conversion date. 


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1 (c) GAO STUDY ON TSA PAY RATES.—Not later 

2 than the date that is 9 months after the date of enactment 

3 of this Act, the Comptroller General shall submit a report 

4 to Congress on the differences in rates of pay, classified 

5 by pay system, between Transportation Security Adminis6 tration employees— 

7 (1) with duty stations in the contiguous 48 

8 States; and 

9 (2) with duty stations outside of such States, 

10 including those employees located in any territory or 

11 possession of the United States. 

12 (d) RULE OF CONSTRUCTION.—During the transition 

13 period and after the conversion date, the Secretary shall 

14 ensure that the Transportation Security Administration 

15 continues to prevent the hiring of individuals who have 

16 been convicted of a sex crime, an offense involving a 

17 minor, a crime of violence, or terrorism. 

18 SEC. 5. CONSULTATION REQUIREMENT. 

19 (a) EXCLUSIVE REPRESENTATIVE.—The labor orga20 nization certified by the Federal Labor Relations Author21 ity on June 29, 2011, or successor labor organization shall 

22 be treated as the exclusive representative of full- and part23 time non-supervisory TSA personnel carrying out screen24 ing functions under section 44901 of title 49, United 

25 States Code, and shall be the exclusive representative for 


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1 such personnel under chapter 71 of title 5, United States 

2 Code, with full rights under such chapter. Any collective 

3 bargaining agreement covering such personnel on the date 

4 of enactment of this Act shall remain in effect, consistent 

5 with subsection (d). 

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

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

8 shall consult with the exclusive representative for the per9 sonnel described in subsection (a) under chapter 71 of title 

10 5, United States Code, on the formulation of plans and 

11 deadlines to carry out the conversion of covered employees 

12 and covered positions under this Act. Prior to the conver13 sion date, the Secretary shall provide (in writing) to such 

14 exclusive representative the plans for how the Secretary 

15 intends to carry out the conversion of covered employees 

16 and covered positions under this Act, including with re17 spect to such matters as— 

18 (1) the anticipated conversion date; and 

19 (2) measures to ensure compliance with sections 

20 3 and 4. 

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

22 recommendations are presented under subsection (b) by 

23 the exclusive representative, the Secretary shall consider 

24 the views or recommendations before taking final action 

25 on any matter with respect to which the views or recVerDate Sep 11 2014 21:32 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RFS H1140

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1 ommendations are presented and provide the exclusive 

2 representative a written statement of the reasons for the 

3 final actions to be taken. 

4 (d) SUNSET PROVISION.—The provisions of this sec5 tion shall cease to be effective as of the conversion date. 

6 SEC. 6. NO RIGHT TO STRIKE. 

7 Nothing in this Act shall be considered— 

8 (1) to repeal or otherwise affect— 

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

10 Code (relating to disloyalty and asserting the 

11 right to strike against the Government); or 

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

13 Code (relating to loyalty and striking); or 

14 (2) to otherwise authorize any activity which is 

15 not permitted under either provision of law cited in 

16 paragraph (1). 

17 SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO CER18 TAIN CRIMES RELATING TO TERRORISM. 

19 Nothing in this Act may be construed to contradict 

20 chapter 113B of title 18, United States Code, including 

21 with respect to— 

22 (1) section 2332b (relating to acts of terrorism 

23 transcending national boundaries); 

24 (2) section 2339 (relating to harboring or con25 cealing terrorists); and 


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1 (3) section 2339A (relating to providing mate2 rial support to terrorists). 

3 SEC. 8. REPORT BY GAO REGARDING TSA RECRUITMENT. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, the Comptroller General of the United States 

6 shall submit to Congress a report on the efforts of the 

7 Transportation Security Administration regarding recruit8 ment, including recruitment efforts relating to veterans 

9 and the dependents of veterans and members of the 

10 Armed Forces and the dependents of such members. Such 

11 report shall also include recommendations regarding how 

12 the Administration may improve such recruitment efforts. 

13 SEC. 9. SENSE OF CONGRESS. 

14 It is the sense of Congress that the Transportation 

15 Security Administration’s personnel system provides in16 sufficient benefits and workplace protections to the work17 force that secures the nation’s transportation systems and 

18 that the Transportation Security Administration’s work19 force should be provided protections and benefits under 

20 title 5, United States Code. 

21 SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERV22 ICE. 

23 The Administrator of the Transportation Security 

24 Administration shall engage and consult with public and 

25 private entities associated with the Federal Air Marshal 


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1 Service to address concerns regarding Federal Air Mar2 shals related to the following: 

3 (1) Mental health. 

4 (2) Suicide rates. 

5 (3) Morale and recruitment. 

6 (4) Any other personnel issues the Adminis7 trator determines appropriate. 

8 SEC. 11. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLI9 CATION. 

10 Beginning on the date of the enactment of this Act, 

11 covered employees may not use or have installed on United 

12 States Government-issued mobile devices the social media 

13 video application known as ‘‘TikTok’’ or any successor ap14 plication. 

15 SEC. 12. VETERANS HIRING. 

16 The Secretary shall prioritize the hiring of veterans, 

17 including disabled veterans, and other preference eligible 

18 individuals, including widows and widowers of veterans, as 

19 defined in section 2108 of title 5, United States Code, for 

20 covered positions. 

21 SEC. 13. PREVENTION AND PROTECTION AGAINST CERTAIN 

22 ILLNESS. 

23 The Administrator of the Transportation Security 

24 Administration, in coordination with the Director of Cen25 ters for Disease Control and Prevention and the Director 


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1 of the National Institute of Allergy and Infectious Dis2 eases, shall ensure that covered employees are provided 

3 proper guidance regarding prevention and protections 

4 against coronavirus, including appropriate resources. 

Passed the House of Representatives March 5, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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