Rights for Transportation Security Officers Act of 2020

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. Short title This Act may be cited as the Rights for Transportation Security Officers Act of 2020 2. Definitions For purposes of this Act— (1) the term adjusted basic pay (A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and (B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement; (2) the term Administrator (3) the term covered employee (4) the term covered position (5) the term conversion date (6) the term 2019 Determination Determination on Transportation Security Officers and Collective Bargaining (7) the term employee (8) the term Secretary (9) the term TSA personnel management system (A) section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 (B) section 114(n) of title 49, United States Code. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities Notwithstanding any other provision of law, effective as of the date of the enactment of this Act— (1) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letters, guideline, or directive in effect on such day may not be modified; (2) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 (3) any authority to establish or adjust a human resources management system under chapter 97 (b) Personnel authorities during transition period Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any TSA personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the effective date under subsection (c). (c) Transition to general personnel management system applicable to civil service employees Effective as of the date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act— (1) each provision of law cited in section 2(9) is repealed; (2) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; (3) any human resources management system established or adjusted under chapter 97 (4) covered employees and covered positions shall be subject to the provisions of title 5, United States Code. (d) Safeguards on grievances In carrying out this Act, the Secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action (including an adverse action) pending within TSA on the date of enactment of this Act or at any time during the transition period described in subsection (c) to have such grievance removed to proceedings pursuant to title 5, United States Code, or continued within TSA. 4. Transition rules (a) Nonreduction in pay and compensation Under pay conversion rules as the Secretary may prescribe to carry out this Act, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, pursuant to section 2(c)(4) shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to such covered employee. (b) Preservation of other rights In the case of each covered employee as of the conversion date, the Secretary shall take any actions necessary to ensure that— (1) any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used; and (2) the Government share of any premiums or other periodic charges under chapter 89 5. Consultation requirement (a) Exclusive representative The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor labor organization shall be treated as the exclusive representative of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 (b) Consultation rights Not later than 7 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a) under chapter 71 (1) the anticipated conversion date; and (2) measures to ensure compliance with sections 3 and 4. (c) Required agency response If any views or recommendations are presented under subsection (b) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset provision The provisions of this section shall cease to be effective as of the conversion date. 6. No right to strike Nothing in this Act shall be considered— (1) to repeal or otherwise affect— (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). February 21, 2020 Reported from the Committee on Homeland Security February 21, 2020 Committee on Oversight and Reform

Summary: Rights for Transportation Security Officers Act of 2020 This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel. Specifically, the bill within 180 days, eliminates personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to other federal employees; sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees; requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions; does not affect the prohibitions against disloyalty and asserting the right to strike against the federal government; expresses the sense of Congress that the personnel system used by the TSA provides insufficient benefits and workplace protections for its workforce and such personnel should be provided protections and benefits under the civil service system applicable to all federal employees; directs the TSA to consult with public and private entities associated with the Federal Air Marshal Service to address concerns regarding federal air marshals, including mental health and suicide rates; prohibits TSA employees from using or installing the social media video application TikTok on U.S. government-issued mobile devices; requires DHS to prioritize the hiring of veterans, including disabled veterans; and directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against the coronavirus (i.e., the virus that causes COVID-19).