116TH CONGRESS 
2D SESSION 
H. R. 1140 
AN ACT 
To enhance the security operations of the Transportation 
Security Administration and stability of the transpor-
tation security workforce by applying the personnel sys-
tem under title 5, United States Code, to employees 
of the Transportation Security Administration who pro-
vide screening of all passengers and property, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rights for Transpor-
tation Security Officers Act of 2020’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘adjusted basic pay’’ means— 
(A) the rate of pay fixed by law or admin-
istrative action for the position held by a cov-
ered employee before any deductions; and 
(B) any regular, fixed supplemental pay-
ment 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’’ means the Ad-
ministrator of the Transportation Security Adminis-
tration; 
(3) the term ‘‘covered employee’’ means an em-
ployee who holds a covered position; 
(4) the term ‘‘covered position’’ means a posi-
tion within the Transportation Security Administra-
tion;
(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 es-
tablished 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 AU-
THORITIES.—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, let-
ter, 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 respect to covered employees and covered posi-
tions. 
(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 direc-
tive 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 MANAGE-
MENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOY-
EES.—Effective as of the date determined by the Sec-
retary, 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 
established or adjusted under chapter 97 of title 5, 
United States Code, with respect to covered employ-
ees 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 enact-
ment of this Act or at any time during the transition pe-
riod described in subsection (c) to have such grievance re-
moved to proceedings pursuant to title 5, United States 
Code, or continued within TSA. 
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 ad-
justed 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 conver-
sion 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 insur-
ance shall remain at least the same as was the case 
immediately before the conversion date.
(c) GAO STUDY ON TSA PAY RATES.—Not later 
than the date that is 9 months after the date of enactment 
of this Act, the Comptroller General shall submit a report 
to Congress on the differences in rates of pay, classified 
by pay system, between Transportation Security Adminis-
tration employees— 
(1) with duty stations in the contiguous 48 
States; and 
(2) with duty stations outside of such States, 
including those employees located in any territory or 
possession of the United States. 
(d) RULE OF CONSTRUCTION.—During the transition 
period and after the conversion date, the Secretary shall 
ensure that the Transportation Security Administration 
continues to prevent the hiring of individuals who have 
been convicted of a sex crime, an offense involving a 
minor, a crime of violence, or terrorism. 
SEC. 5. CONSULTATION REQUIREMENT. 
(a) EXCLUSIVE REPRESENTATIVE.—The labor orga-
nization certified by the Federal Labor Relations Author-
ity 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 screen-
ing functions under section 44901 of title 49, United 
States Code, and shall be the exclusive representative for
such personnel 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 
intends to carry out the conversion of covered employees 
and covered positions under this Act, including with re-
spect to such matters as— 
(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 rec-
ommendations 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). 
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO CER-
TAIN CRIMES RELATING TO TERRORISM. 
Nothing in this Act may be construed to contradict 
chapter 113B of title 18, United States Code, including 
with respect to— 
(1) section 2332b (relating to acts of terrorism 
transcending national boundaries); 
(2) section 2339 (relating to harboring or con-
cealing terrorists); and
(3) section 2339A (relating to providing mate-
rial support to terrorists). 
SEC. 8. REPORT BY GAO REGARDING TSA RECRUITMENT. 
Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the efforts of the 
Transportation Security Administration regarding recruit-
ment, including recruitment efforts relating to veterans 
and the dependents of veterans and members of the 
Armed Forces and the dependents of such members. Such 
report shall also include recommendations regarding how 
the Administration may improve such recruitment efforts. 
SEC. 9. SENSE OF CONGRESS. 
It is the sense of Congress that the Transportation 
Security Administration’s personnel system provides in-
sufficient benefits and workplace protections to the work-
force that secures the nation’s transportation systems and 
that the Transportation Security Administration’s work-
force should be provided protections and benefits under 
title 5, United States Code. 
SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERV-
ICE. 
The Administrator of the Transportation Security 
Administration shall engage and consult with public and 
private entities associated with the Federal Air Marshal
Service to address concerns regarding Federal Air Mar-
shals related to the following: 
(1) Mental health. 
(2) Suicide rates. 
(3) Morale and recruitment. 
(4) Any other personnel issues the Adminis-
trator determines appropriate. 
SEC. 11. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLI-
CATION. 
Beginning on the date of the enactment of this Act, 
covered employees may not use or have installed on United 
States Government-issued mobile devices the social media 
video application known as ‘‘TikTok’’ or any successor ap-
plication. 
SEC. 12. VETERANS HIRING. 
The Secretary shall prioritize the hiring of veterans, 
including disabled veterans, and other preference eligible 
individuals, including widows and widowers of veterans, as 
defined in section 2108 of title 5, United States Code, for 
covered positions. 
SEC. 13. PREVENTION AND PROTECTION AGAINST CERTAIN 
ILLNESS. 
The Administrator of the Transportation Security 
Administration, in coordination with the Director of Cen-
ters for Disease Control and Prevention and the Director