I 

116TH CONGRESS 

1ST SESSION H. R. 1140 

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 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Rights for Transpor3 tation Security Officers Act of 2019’’. 

4 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) On September 11, 2001, nineteen terrorists, 

7 who underwent airport security screening prior to 

8 boarding domestic flights, were able to commandeer 

9 four airplanes and use those airplanes to perpetrate 

10 the most deadly terrorist attack ever to be executed 

11 on United States soil. 

12 (2) In the aftermath of those attacks, Congress 

13 passed the Aviation and Transportation Security Act 

14 (ATSA), enacted by President George W. Bush on 

15 November 19, 2001 (Public Law 107–71), to en16 hance the level of security screening throughout our 

17 aviation system and transfer responsibility for such 

18 screening from the private sector to a new Federal 

19 agency, the Transportation Security Administration 

20 (TSA). 

21 (3) TSA was established in recognition of the 

22 need to raise the level of screener performance and 

23 that achieving such performance is directly linked to 

24 employment and training standards, pay and bene25 fits, and the creation of an experienced, committed 

26 Federal screening workforce. 


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1 (4) The Aviation and Transportation Security 

2 Act included a statutory footnote allowing the TSA 

3 Administrator to ‘‘employ, appoint, discipline, termi4 nate, and fix the compensation’’, including the 

5 ‘‘terms, and conditions of employment of Federal 

6 Service for such a number of individuals as the [Ad7 ministrator] determines to be necessary to carry out 

8 the screening functions of the Under Secretary 

9 under section 44901 of title 49, United States 

10 Code’’. 

11 (5) TSA has cited the ATSA footnote as the 

12 basis for developing a personnel system for the TSO 

13 workforce, while all other Transportation Security 

14 Administration employees, including managers, are 

15 under the Federal personnel system provided under 

16 title 5, United States Code, as incorporated in title 

17 49 of such Code. 

18 (6) In November 2006, the International Labor 

19 Organization ruled that the Bush administration vio20 lated international labor law when it prohibited 

21 Transportation Security Officers from engaging in 

22 collective bargaining. 

23 (7) After the Federal Labor Relations Board 

24 approved a petition for the election of an exclusive 

25 representative, on February 4, 2011, then-TSA AdVerDate Sep 11 2014 23:41 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.IH H1140

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1 ministrator John Pistole issued a binding determina2 tion stating in part ‘‘it is critical that every TSA 

3 employee feels that he or she has a voice and feels 

4 safe raising issues and concerns of all kinds. This is 

5 important not just for morale; engagement of every 

6 employee is critically important for security’’. 

7 (8) Subsequently, in 2014, then-Administrator 

8 Pistole issued a second determination, which was su9 perseded by a 2016 determination, which changed 

10 the previous guidelines for collective bargaining and 

11 limited the subjects that can be bargained as well as 

12 issues in dispute that may be raised to an inde13 pendent, third-party neutral decisionmaker. 

14 (9) The 2011, 2014, and 2016 determinations 

15 cited the ATSA footnote as authority to create a 

16 personnel system that denies the Transportation Se17 curity Officer workforce the same rights and protec18 tions under title 5, United States Code, as other 

19 Federal workers, including the right to present 

20 grievances to a neutral third party, fair pay under 

21 the General Services wage system, including access 

22 to overtime pay and earned leave, and Fair Labor 

23 Standards Act protections. 

24 (10) The Transportation Security Officer work25 force is an integral component of the security frameVerDate Sep 11 2014 23:41 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.IH H1140

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1 work in place since the terrorist attacks on Sep2 tember 11, 2001, and responsible for screening more 

3 than 738 million passengers annually. 

4 (11) In the course of their work, Transpor5 tation Security Officers not only identify aviation se6 curity threats but also identify kidnapping and traf7 ficking victims and prevent firearms from being 

8 brought on planes in carry-on bags. In 2018 alone, 

9 4,239 firearms were discovered by Transportation 

10 Security Officers at aviation security checkpoints. 

11 (12) Every day, Transportation Security Offi12 cers put their safety on the line to protect the flying 

13 public and on November 1, 2013, a Transportation 

14 Security Officer, Gerardo Hernandez, gave his life to 

15 protect the flying public when he was killed by a 

16 gunman who attacked the Los Angeles International 

17 Airport. 

18 (13) Transportation Security Officers are vital 

19 to aviation security and have kept the American 

20 aviation system secure, even during lapses in appro21 priations, when they were not paid. For 16 days in 

22 2013, three days in 2018, and, most recently, 35 

23 days in at the end of 2018 through early 2019, the 

24 TSA workforce worked without pay alongside air25 plane safety specialists, air traffic controllers, and 


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1 other Federal workers responsible for the aviation 

2 security and safety framework that has protected 

3 United States air travel since 2001. 

4 (14) The adverse impact of two missed pay5 checks during the shutdown that took place between 

6 December 22, 2018, and January 25, 2019, was felt 

7 disproportionately by the Transportation Security 

8 Officer workforce, with many Officers receiving 

9 starting salaries of as low as $32,000. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Transportation Security Administration’s 

12 personnel system for the Transportation Security Officer 

13 workforce provides insufficient benefits and workplace 

14 protections to these frontline personnel who secure the 

15 United States aviation system, and that such personnel 

16 should be provided protections and benefits under title 5, 

17 United States Code. 

18 SEC. 3. DEFINITIONS. 

19 For purposes of this Act— 

20 (1) the term ‘‘covered position’’ means— 

21 (A) a position within the Transportation 

22 Security Administration; and 

23 (B) any position within the Department of 

24 Homeland Security, not described in subpara25 graph (A), the duties and responsibilities of 


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1 which involve providing transportation security 

2 in furtherance of the purposes of the Aviation 

3 and Transportation Security Act (Public Law 

4 107–71), as determined by the Secretary; 

5 (2) the term ‘‘covered employee’’ means an em6 ployee who holds a covered position; 

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

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

9 Code; 

10 (4) the term ‘‘Secretary’’ means the Secretary 

11 of Homeland Security; 

12 (5) the term ‘‘Administrator’’ means the Ad13 ministrator of the Transportation Security Adminis14 tration; 

15 (6) the term ‘‘TSA personnel management sys16 tem’’ means any personnel management system, as 

17 established or modified under— 

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

19 Transportation Security Act; or 

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

21 States Code; 

22 (7) the term ‘‘agency’’ means an Executive 

23 agency, as defined by section 105 of title 5, United 

24 States Code; and 


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

2 as of which paragraphs (1) through (3) of section 

3 4(b) take effect. 

4 SEC. 4. CONVERSION OF SCREENING PERSONNEL. 

5 (a) TERMINATION OF CERTAIN PERSONNEL AU6 THORITIES.—Effective as of the date of the enactment of 

7 this Act— 

8 (1) each provision of law cited in section 3(6) 

9 is repealed, and any authority to establish or modify 

10 a TSA personnel management system under either 

11 such provision of law shall terminate; 

12 (2) all 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 and 

17 (3) section 44935 note of title 49, United 

18 States Code, is repealed. 

19 (b) COVERED EMPLOYEES AND POSITIONS MADE

20 SUBJECT TO SAME PERSONNEL MANAGEMENT SYSTEM

21 AS APPLIES TO CIVIL SERVICE EMPLOYEES GEN22 ERALLY.—Effective as of the date determined by the Sec23 retary, but in no event later than 60 days after the date 

24 of the enactment of this Act— 


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1 (1) all TSA personnel management policies, let2 ters, guidelines, and directives, including the August 

3 2016 Determination, shall cease to be effective; 

4 (2) any human resources management system 

5 established or adjusted under chapter 97 of title 5, 

6 United States Code, to the extent otherwise applica7 ble with respect to covered employees or covered po8 sitions, shall cease to be effective; and 

9 (3) covered employees and covered positions 

10 shall become subject to the provisions of title 5, 

11 United States Code. 

12 SEC. 5. TRANSITION RULES. 

13 (a) NONREDUCTION IN RATE OF PAY.—Any conver14 sion of an employee from a TSA personnel management 

15 system to the provisions of law made applicable with re16 spect to such employee by section 4(b)(3) shall be effected, 

17 under pay conversion rules prescribed by the Secretary, 

18 without any reduction in the rate of basic pay payable to 

19 such employee. 

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

21 of each individual who is a covered employee as of the con22 version date, the Secretary shall take any actions which 

23 may be necessary to ensure that— 


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1 (1) all TSA personnel management policies, let2 ters, guidelines, and directives, including the August 

3 2016 Determination, shall cease to be effective; 

4 (2) all annual leave, sick leave, or other paid 

5 leave accrued, accumulated, or otherwise available to 

6 a covered employee immediately before the conver7 sion date shall remain available to the employee, 

8 until used, so long as such individual remains con9 tinuously employed by the Department of Homeland 

10 Security; and 

11 (3) the Government share of any premiums or 

12 other periodic charges under the provisions of law 

13 governing group health insurance shall remain the 

14 same as was the case immediately before the conver15 sion date, so long as such individual remains con16 tinuously employed by the Department of Homeland 

17 Security. 

18 SEC. 6. CONSULTATION REQUIREMENT. 

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

22 exclusive representative of full- and part-time non-super23 visory personnel carrying out screening functions under 

24 section 44901 of title 49, United States Code, as that term 

25 is used in section 111(d) of the Aviation and TransporVerDate Sep 11 2014 23:41 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.IH H1140

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1 tation Security Act and shall be the exclusive representa2 tive for the employees under chapter 71 of title 5, United 

3 States Code, with full rights under such chapter 71. Any 

4 collective bargaining agreement on the effective date of 

5 this legislation shall remain in effect. 

6 (b) CONSULTATION RIGHTS.—Within 14 days after 

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

8 consult with the exclusive representative for employees 

9 under chapter 71 of title 5, United States Code, on the 

10 formulation of plans and deadlines to carry out the conver11 sion of covered employees and covered positions under this 

12 Act. The Secretary shall provide in writing to the exclusive 

13 representative the final plans in accordance with which the 

14 Secretary intends to carry out the conversion of covered 

15 employees and covered positions under this Act, including 

16 with respect to such matters as— 

17 (1) the proposed conversion date; and 

18 (2) measures to ensure compliance with section 

19 5. 

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

21 recommendations are presented under subsection (b)(2) by 

22 the exclusive representative, the Secretary shall consider 

23 the views or recommendations before taking final action 

24 on any matter with respect to which the views or rec25 ommendations are presented and provide the exclusive 


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1 representative a written statement of the reasons for the 

2 final actions to be taken. 

3 (d) SUNSET PROVISION.—The provisions of this sec4 tion shall cease to be effective as of the conversion date. 

5 SEC. 7. NO RIGHT TO STRIKE. 

6 Nothing in this Act shall be considered— 

7 (1) to repeal or otherwise affect— 

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

9 Code (relating to disloyalty and asserting the 

10 right to strike against the Government); or 

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

12 Code (relating to loyalty and striking); or 

13 (2) to otherwise authorize any activity which is 

14 not permitted under either provision of law cited in 

15 paragraph (1). 

16 SEC. 8. REGULATIONS. 

17 The Secretary may prescribe any regulations nec18 essary to carry out this Act. 

19 SEC. 9. DELEGATIONS TO ADMINISTRATOR. 

20 The Secretary may, with respect to any authority or 

21 function vested in the Secretary under any of the pre22 ceding provisions of this Act, delegate any such authority 

23 or function to the Administrator of the Transportation Se24 curity Administration under such terms, conditions, and 


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1 limitations, including the power of redelegation, as the 

2 Secretary considers appropriate. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this Act. 

Æ 


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