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 Administra-
tion 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 Secu-
rity, 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 com-
mittee concerned 
FEBRUARY 21, 2020 
Additional sponsors: Ms. JACKSON LEE, Mrs. DEMINGS, Mrs. WATSON COLE-
MAN, 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. PIN-
GREE, 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 Ne-
vada, 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. SCHA-
KOWSKY, Ms. DELBENE, Mrs. MURPHY of Florida, Mr. JEFFRIES, Ms. 
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OMAR, Ms. NORTON, Mr. GRIJALVA, Mr. PAYNE, Mr. AGUILAR, Mr. PAL-
LONE, 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. KIL-
DEE, Mr. FOSTER, Mr. SIRES, Ms. BARRAGA´N, Mr. FITZPATRICK, Ms. 
FINKENAUER, Mr. LEVIN of Michigan, Ms. ROYBAL-ALLARD, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Mr. NEAL, Mrs. TRAHAN, Mr. KIM, 
Mr. ENGEL, Ms. KELLY of Illinois, Mrs. MCBATH, Mr. LAWSON of Flor-
ida, 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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(5) the term ‘‘conversion date’’ means the date as 
of which paragraphs (1) through (4) of section 3(c) 
take effect; 
(6) the term ‘‘2019 Determination’’ means the 
publication, entitled ‘‘Determination on Transpor-
tation Security Officers and Collective Bargaining’’, 
issued on July 13, 2019, by Administrator David P. 
Pekoske; 
(7) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code; 
(8) the term ‘‘Secretary’’ means the Secretary of 
Homeland Security; and 
(9) the term ‘‘TSA personnel management sys-
tem’’ means any personnel management system estab-
lished or modified under— 
(A) section 111(d) of the Aviation and 
Transportation Security Act (49 U.S.C. 44935 
note); or 
(B) section 114(n) of title 49, United States 
Code. 
SEC. 3. CONVERSION OF TSA PERSONNEL. 
(a) RESTRICTIONS ON CERTAIN PERSONNEL AUTHORI-
TIES.—Notwithstanding any other provision of law, effec-
tive as of the date of the enactment of this Act— 
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(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 per-
sonnel management policy, letters, guideline, or direc-
tive 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 note) or section 114(n) of title 49, United 
States Code, may be established; and 
(3) any authority to establish or adjust a human 
resources management system under chapter 97 of 
title 5, United States Code, shall terminate with re-
spect to covered employees and covered positions. 
(b) PERSONNEL AUTHORITIES DURING TRANSITION 
PERIOD.—Any TSA personnel management system in use 
for covered employees and covered positions on the day be-
fore the date of enactment of this Act and any TSA per-
sonnel 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 sub-
section (c). 
(c) TRANSITION TO GENERAL PERSONNEL MANAGE-
MENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOY-
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EES.—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, let-
ter, guideline, and directive, including the 2019 De-
termination, shall cease to be effective; 
(3) any human resources management system es-
tablished or adjusted under chapter 97 of title 5, 
United States Code, with respect to covered employees 
or covered positions shall cease to be effective; and 
(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 nec-
essary to provide an opportunity to each covered employee 
with a grievance or disciplinary action (including an ad-
verse action) pending within TSA on the date of enactment 
of this Act or at any time during the transition period de-
scribed in subsection (c) to have such grievance removed to 
proceedings pursuant to title 5, United States Code, or con-
tinued within TSA. 
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SEC. 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 cov-
ered employee. 
(b) PRESERVATION OF OTHER RIGHTS.—In the case 
of each covered employee as of the conversion date, the Sec-
retary 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 of title 5, 
United States Code, governing group health insurance 
shall remain at least the same as was the case imme-
diately before the conversion date. 
SEC. 5. CONSULTATION REQUIREMENT. 
(a) EXCLUSIVE REPRESENTATIVE.—The labor organi-
zation certified by the Federal Labor Relations Authority 
on June 29, 2011, or successor labor organization shall be 
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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 per-
sonnel under chapter 71 of title 5, United States Code, with 
full rights under such chapter. Any collective bargaining 
agreement covering such personnel on the date of enactment 
of this Act shall remain in effect, consistent with subsection 
(d). 
(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 per-
sonnel described in subsection (a) under chapter 71 of title 
5, United States Code, on the formulation of plans and 
deadlines to carry out the conversion of covered employees 
and covered positions under this Act. Prior to the conver-
sion date, the Secretary shall provide (in writing) to such 
exclusive representative the plans for how the Secretary in-
tends to carry out the conversion of covered employees and 
covered positions under this Act, including with respect to 
such matters as— 
(1) the anticipated conversion date; and 
(2) measures to ensure compliance with sections 
3 and 4. 
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(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 sec-
tion shall cease to be effective as of the conversion date. 
SEC. 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). 
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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 Trans-
portation 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 Secu-
rity Administration who provide screening of all 
passengers and property, and for other purposes. 
FEBRUARY 21, 2020 
Reported from the Committee on Homeland Security 
with an amendment 
FEBRUARY 21, 2020 
Committee on Oversight and Reform discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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