Rights for Transportation Security Officers Act of 2020

Bill: 116-hr-1140
Sponsor: full_name: Rep. Thompson, Bennie G. [D-MS-2]
Introduced: 2019-02-11
Policy area: Transportation and Public Works
Subjects: Aviation and airports

Cardiovascular and respiratory health

Congressional oversight

Department of Homeland Security

Emergency medical services and trauma care

Employee hiring

Employee leave

Employment discrimination and employee rights

Government employee pay, benefits, personnel management

Government studies and investigations

Health promotion and preventive care

Infectious and parasitic diseases

Internet and video services

Internet, web applications, social media

Labor-management relations

Law enforcement officers

Mental health

Military personnel and dependents

Telephone and wireless communication

Transportation employees

Transportation safety and security

Veterans' education, employment, rehabilitation

Worker safety and health
Latest action: action_date: 2020-03-05
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2019-02-11
action_desc: Introduced in House
text: <p><STRONG></STRONG><b>Rights for Transportation Security Officers Act of 2019</b></p> <p>This bill expresses the sense of Congress that the personnel system used by the Transpotation Security Administration (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.</p> <p>Among other things, the bill</p> <ul> <li>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;</li> <li>sets forth transition rules that protect the pay rates and other rights of TSA employees;</li> <li>requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions; and</li> <li>does not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.</li> </ul>

action_date: 2020-02-21
action_desc: Reported to House, Part I
text: <p><b>Rights for Transportation Security Officers Act of 2020</b></p> <p>This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.</p> <p>Among other requirements, the bill</p> <ul> <li>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;</li> <li>sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees;</li> <li>requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions; and</li> <li>does not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.</li> </ul>

action_date: 2020-03-05
action_desc: Passed House
text: <p><b>Rights for Transportation Security Officers Act of 2020</b></p> <p>This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.</p> <p> Specifically, the bill </p> <ul> <li>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;</li> <li>sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees;</li> <li>requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions;</li> <li>does not affect the prohibitions against disloyalty and asserting the right to strike against the federal government;</li> <li>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;</li> <li>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;</li> <li>prohibits TSA employees from using or installing the social media video application TikTok on U.S. government-issued mobile devices;</li> <li>requires DHS to prioritize the hiring of veterans, including disabled veterans; and</li> <li>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).</li> </ul>

tv_txt: I 116th CONGRESS 1st Session H. R. 1140 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. Short title This Act may be cited as the Rights for Transportation Security Officers Act of 2019 . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) On September 11, 2001, nineteen terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer four airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (ATSA), enacted by President George W. Bush on November 19, 2001 ( Public Law 107–71 ), to enhance the level of security screening throughout our aviation system and transfer responsibility for such screening from the private sector to a new Federal agency, the Transportation Security Administration (TSA). (3) TSA was established in recognition of the need to raise the level of screener performance and that achieving such performance is directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed Federal screening workforce. (4) The Aviation and Transportation Security Act included a statutory footnote allowing the TSA Administrator to employ, appoint, discipline, terminate, and fix the compensation , including the terms, and conditions of employment of Federal Service for such a number of individuals as the [Administrator] determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code . (5) TSA has cited the ATSA footnote as the basis for developing a personnel system for the TSO workforce, while all other Transportation Security Administration employees, including managers, are under the Federal personnel system provided under title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, then-TSA Administrator John Pistole issued a binding determination stating in part it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security . (8) Subsequently, in 2014, then-Administrator Pistole issued a second determination, which was superseded by a 2016 determination, which changed the previous guidelines for collective bargaining and limited the subjects that can be bargained as well as issues in dispute that may be raised to an independent, third-party neutral decisionmaker. (9) The 2011, 2014, and 2016 determinations cited the ATSA footnote as authority to create a personnel system that denies the Transportation Security Officer workforce the same rights and protections under title 5, United States Code, as other Federal workers, including the right to present grievances to a neutral third party, fair pay under the General Services wage system, including access to overtime pay and earned leave, and Fair Labor Standards Act protections. (10) The Transportation Security Officer workforce is an integral component of the security framework in place since the terrorist attacks on September 11, 2001, and responsible for screening more than 738 million passengers annually. (11) In the course of their work, Transportation Security Officers not only identify aviation security threats but also identify kidnapping and trafficking victims and prevent firearms from being brought on planes in carry-on bags. In 2018 alone, 4,239 firearms were discovered by Transportation Security Officers at aviation security checkpoints. (12) Every day, Transportation Security Officers put their safety on the line to protect the flying public and on November 1, 2013, a Transportation Security Officer, Gerardo Hernandez, gave his life to protect the flying public when he was killed by a gunman who attacked the Los Angeles International Airport. (13) Transportation Security Officers are vital to aviation security and have kept the American aviation system secure, even during lapses in appropriations, when they were not paid. For 16 days in 2013, three days in 2018, and, most recently, 35 days in at the end of 2018 through early 2019, the TSA workforce worked without pay alongside airplane safety specialists, air traffic controllers, and other Federal workers responsible for the aviation security and safety framework that has protected United States air travel since 2001. (14) The adverse impact of two missed paychecks during the shutdown that took place between December 22, 2018, and January 25, 2019, was felt disproportionately by the Transportation Security Officer workforce, with many Officers receiving starting salaries of as low as $32,000. (b) Sense of Congress It is the sense of Congress that the Transportation Security Administration’s personnel system for the Transportation Security Officer workforce provides insufficient benefits and workplace protections to these frontline personnel who secure the United States aviation system, and that such personnel should be provided protections and benefits under title 5, United States Code. 3. Definitions For purposes of this Act— (1) the term covered position means— (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act ( Public Law 107–71 ), as determined by the Secretary; (2) the term covered employee means an employee who holds a covered position; (3) the term employee has the meaning given such term by section 2105 of title 5, United States Code; (4) the term Secretary means the Secretary of Homeland Security; (5) the term Administrator means the Administrator of the Transportation Security Administration; (6) the term TSA personnel management system means any personnel management system, as established or modified under— (A) section 111(d) of the Aviation and Transportation Security Act; or (B) section 114(n) of title 49, United States Code; (7) the term agency means an Executive agency, as defined by section 105 of title 5, United States Code; and (8) the term conversion date means the date as of which paragraphs (1) through (3) of section 4(b) take effect. 4. Conversion of screening personnel (a) Termination of certain personnel authorities Effective as of the date of the enactment of this Act— (1) each provision of law cited in section 3(6) is repealed, and any authority to establish or modify a TSA personnel management system under either such provision of law shall terminate; (2) all 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 positions; and (3) section 44935 note of title 49, United States Code, is repealed. (b) Covered employees and positions made subject to same personnel management system as applies to civil service employees generally Effective as of the date determined by the Secretary, but in no event later than 60 days after the date of the enactment of this Act— (1) all TSA personnel management policies, letters, guidelines, and directives, including the August 2016 Determination, shall cease to be effective; (2) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, to the extent otherwise applicable with respect to covered employees or covered positions, shall cease to be effective; and (3) covered employees and covered positions shall become subject to the provisions of title 5, United States Code. 5. Transition rules (a) Nonreduction in rate of pay Any conversion of an employee from a TSA personnel management system to the provisions of law made applicable with respect to such employee by section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of other rights In the case of each individual who is a covered employee as of the conversion date, the Secretary shall take any actions which may be necessary to ensure that— (1) all TSA personnel management policies, letters, guidelines, and directives, including the August 2016 Determination, shall cease to be effective; (2) all 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, so long as such individual remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance shall remain the same as was the case immediately before the conversion date, so long as such individual remains continuously employed by the Department of Homeland Security. 6. Consultation requirement (a) Exclusive representative The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor shall be treated as the exclusive representative of full- and part-time non-supervisory personnel carrying out screening functions under section 44901 of title 49, United States Code, as that term is used in section 111(d) of the Aviation and Transportation Security Act and shall be the exclusive representative for the employees under chapter 71 of title 5, United States Code, with full rights under such chapter 71. Any collective bargaining agreement on the effective date of this legislation shall remain in effect. (b) Consultation rights Within 14 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for employees 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. The Secretary shall provide in writing to the exclusive representative the final plans in accordance with which the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as— (1) the proposed conversion date; and (2) measures to ensure compliance with section 5. (c) Required agency response If any views or recommendations are presented under subsection (b)(2) 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. 7. 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). 8. Regulations The Secretary may prescribe any regulations necessary to carry out this Act. 9. Delegations to Administrator The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. 10. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.

tv_txt: IB Union Calendar No. 320 116th CONGRESS 2d Session H. R. 1140 [Report No. 116–398, Part I] 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 February 21, 2020 Additional sponsors: Ms. Jackson Lee , Mrs. Demings , Mrs. Watson Coleman , 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. Pingree , 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 Nevada , Mr. Lamb , Mr. Smith of Washington , Mr. Pappas , Mr. Brendan F. Boyle of Pennsylvania , Ms. Velázquez , 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. Schakowsky , Ms. DelBene , Mrs. Murphy of Florida , Mr. Jeffries , Ms. Omar , Ms. Norton , Mr. Grijalva , Mr. Payne , Mr. Aguilar , Mr. Pallone , 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. García of Illinois , Mr. Brown of Maryland , Mr. Raskin , Mr. Welch , Ms. Craig , Mr. Phillips , Mr. Kildee , Mr. Foster , Mr. Sires , Ms. Barragán , Mr. Fitzpatrick , Ms. Finkenauer , Mr. Levin of Michigan , Ms. Roybal-Allard , Mr. Michael F. Doyle of Pennsylvania , Mr. Neal , Mrs. Trahan , Mr. Kim , Mr. Engel , Ms. Kelly of Illinois , Mrs. McBath , Mr. Lawson of Florida , 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. Luján , 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. Sánchez , 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. Cárdenas , 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 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 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. 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 means— (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 means the Administrator of the Transportation Security Administration; (3) the term covered employee means an employee who holds a covered position; (4) the term covered position means a position within the Transportation Security Administration; (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 Transportation 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 system means any personnel management system established 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. 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 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 positions. (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 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 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 of title 5, United States Code, governing group health insurance shall remain at least the same as was the case immediately before the conversion date. 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 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 personnel 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 conversion 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 respect 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 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 with an amendment 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

tv_txt: IB 116th CONGRESS 2d Session H. R. 1140 IN THE HOUSE OF REPRESENTATIVES 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.

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 means— (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 means the Administrator of the Transportation Security Administration; (3) the term covered employee means an employee who holds a covered position; (4) the term covered position means a position within the Transportation Security Administration; (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 Transportation 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 system means any personnel management system established 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. 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 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 positions. (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 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 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 of title 5, United States Code, governing group health insurance 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 Administration 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. 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 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 personnel 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 conversion 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 respect 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 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). 7. Rule of construction with respect to certain 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 concealing terrorists); and (3) section 2339A (relating to providing material support to terrorists). 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 recruitment, 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. 9. Sense of Congress It is the sense of Congress that the Transportation Security Administration’s personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation’s transportation systems and that the Transportation Security Administration’s workforce should be provided protections and benefits under title 5, United States Code. 10. Assistance for Federal Air Marshal Service 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 Marshals related to the following: (1) Mental health. (2) Suicide rates. (3) Morale and recruitment. (4) Any other personnel issues the Administrator determines appropriate. 11. Prohibition on certain social media application 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 application. 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. 13. Prevention and protection against certain illness The Administrator of the Transportation Security Administration, in coordination with the Director of Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against coronavirus, including appropriate resources.

Passed the House of Representatives March 5, 2020. Cheryl L. Johnson, Clerk.

tv_txt: 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.

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 means— (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 means the Administrator of the Transportation Security Administration; (3) the term covered employee means an employee who holds a covered position; (4) the term covered position means a position within the Transportation Security Administration; (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 Transportation 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 system means any personnel management system established 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. 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 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 positions. (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 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 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 of title 5, United States Code, governing group health insurance 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 Administration 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. 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 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 personnel 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 conversion 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 respect 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 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). 7. Rule of construction with respect to certain 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 concealing terrorists); and (3) section 2339A (relating to providing material support to terrorists). 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 recruitment, 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. 9. Sense of Congress It is the sense of Congress that the Transportation Security Administration’s personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation’s transportation systems and that the Transportation Security Administration’s workforce should be provided protections and benefits under title 5, United States Code. 10. Assistance for Federal Air Marshal Service 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 Marshals related to the following: (1) Mental health. (2) Suicide rates. (3) Morale and recruitment. (4) Any other personnel issues the Administrator determines appropriate. 11. Prohibition on certain social media application 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 application. 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. 13. Prevention and protection against certain illness The Administrator of the Transportation Security Administration, in coordination with the Director of Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against coronavirus, including appropriate resources.

Passed the House of Representatives March 5, 2020. Cheryl L. Johnson, Clerk.