[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1140 Referred in Senate (RFS)]

<DOC>
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rights for Transportation 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 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.

SEC. 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.

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 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.

SEC. 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.

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 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).

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 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.

SEC. 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.

SEC. 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.

SEC. 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.

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 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.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.