[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1140 Reported in House (RH)]

<DOC>





                                                 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 
 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.


_______________________________________________________________________


                    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. Velazquez, 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. Garcia of Illinois, Mr. Brown of Maryland, Mr. Raskin, 
Mr. Welch, Ms. Craig, Mr. Phillips, Mr. Kildee, Mr. Foster, Mr. Sires, 
 Ms. Barragan, 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. Lujan, 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. Sanchez, 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. Cardenas, 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.


 


    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.

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).
                                                 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 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.

_______________________________________________________________________

                           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