[Congressional Record Volume 166, Number 44 (Thursday, March 5, 2020)]
[House]
[Pages H1508-H1514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        RIGHTS FOR TRANSPORTATION SECURITY OFFICERS ACT OF 2020

  The SPEAKER pro tempore. Pursuant to House Resolution 877 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 1140.
  Will the gentleman from Maryland (Mr. Brown) kindly take the chair.

                              {time}  0915


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the

[[Page H1509]]

further consideration of the bill (H.R. 1140) 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, with Mr. Brown of 
Maryland (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday, 
March 4, 2020, all time for general debate had expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  The amendment in the nature of a substitute recommended by the 
Committee on Homeland Security, printed in the bill, shall be 
considered as adopted. The bill, as amended, shall be considered as an 
original bill for purpose of further amendment under the 5-minute rule 
and shall be considered as read.
  The text of the bill, as amended, is as follows:

                               H.R. 1140

       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).

  The Acting CHAIR. No further amendment to the bill, as amended, shall 
be in order except those printed in House Report 116-411.
  Each such further amendment may be offered only in the order printed 
in the report, by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the 
report equally divided and controlled by the proponent and an opponent, 
shall not be subject to amendment, and shall not be subject to a demand 
for division of the question.


            Amendment No. 1 Offered by Mr. Rogers of Alabama

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 116-411.
  Mr. ROGERS of Alabama. Mr. Chairman, as the designee of the 
gentlewoman from Puerto Rico (Miss Gonzalez-Colon), I rise to offer an 
amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of section 4, add the following:
       (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--

[[Page H1510]]

       (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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from Alabama (Mr. Rogers) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Alabama.
  Mr. ROGERS of Alabama. Mr. Chairman, I yield myself such time as I 
may consume.
  This amendment is a sensible requirement to examine the pay equity 
for screeners in all parts of the United States.
  Mr. Chair, I thank the gentlewoman from Puerto Rico (Miss Gonzalez-
Colon) for her amendment and for her leadership on this issue.
  Mr. Chair, I urge my colleagues to support this amendment, and I 
reserve the balance of my time.
  Mr. ROSE of New York. Mr. Chairman, I claim the time in opposition to 
the amendment, even though I am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman from New York is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROSE of New York. Mr. Chair, this measure improves the underlying 
bill by requiring GAO to study differences between pay rates for TSA 
employees working in Alaska, Hawaii, and the territories and those 
working in the contiguous 48 States.
  We know that pay satisfaction is very low within TSA. In fact, in a 
recent governmentwide survey, TSA's workforce reported being the least 
satisfied with pay than Federal workers at 414 other Federal agencies.
  I commend Miss Gonzalez-Colon for recognizing that, under the current 
system, there are disparities in pay within TSA that have implications 
for workers outside the contiguous 48 States.
  Mr. Chair, I urge my colleagues to support this amendment, and I 
yield back the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Alabama (Mr. Rogers).
  The amendment was agreed to.


            Amendment No. 2 Offered by Mr. Rose of New York

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 116-411.
  Mr. ROSE of New York. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill, add the following:

     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).

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from New York (Mr. Rose) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. ROSE of New York. Mr. Chairman, I yield myself such time as I may 
consume.
  Before I begin, I would like to thank Chairman Thompson for his 
leadership in bringing this important bill to the floor today. I am 
proud to be a cosponsor of this bill.
  On 9/11, we all watched in horror as the events of that day played 
out in real time.
  As a native New Yorker growing up in the shadows of the World Trade 
Center, I saw firsthand the impact that terrorism can have.
  Since that fateful day, we have seen our Nation take many important 
steps to prevent terrorist attacks from happening. For example, 
Congress created the Transportation Security Administration and passed 
several laws strengthening our Nation's transportation systems.
  While I applaud these efforts and those of others, we must continue 
to remain vigilant in light of current world events.
  My amendment, in this light, is simple. It reaffirms our Nation's 
commitment to prevent terrorism and ensures our national security 
agencies can continue to prosecute and prevent terrorist activities 
from occurring in our homeland.
  Mr. Chair, I say to my colleagues, let us all take a simple but 
important step to reaffirm our commitment to prevent terrorism. I urge 
all Members to vote ``yes'' on this amendment.
  Mr. Chair, I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Alabama is recognized for 5 
minutes.
  Mr. ROGERS of Alabama. Mr. Chairman, as we have discussed, this bill 
makes it more difficult for TSA to protect the traveling public from 
terrorism. The gentleman's amendment does nothing to fix that.
  In fact, the gentleman's amendment does nothing at all, but it 
certainly is reassuring to hear that some in the majority still support 
our counterterrorism laws.
  Mr. Chair, I reserve the balance of my time.
  Mr. ROSE of New York. Mr. Chair, I urge my colleagues to support my 
amendment to continue protecting our Nation from terrorism, and I yield 
back the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Rose).
  The amendment was agreed to.
  The Acting CHAIR. The Chair understands that amendment No. 3 will not 
be offered.


                 Amendment No. 4 Offered by Mr. Peters

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 116-411.
  Mr. PETERS. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. REPORT BY GAO REGARDING TSA RECRUITMENT.

       Not later than one 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from California (Mr. Peters) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. PETERS. Mr. Chair, I rise today in support of my amendment to 
H.R. 1140, the Rights for Transportation Security Officers Act.
  Mr. Chair, I thank Chairman Thompson for his work on this important 
bill to help get our Transportation Security officers, or TSOs, onto 
the General Schedule scale and give them needed workplace protections 
that other Federal workers receive.
  Every week, other Members of Congress and I see the vital role 
Transportation Security officers perform in keeping our country safe. 
They are essential to national security.
  Unfortunately, there is a serious employee recruitment and retention 
problem at the Transportation Security Administration.
  In 2017, the TSA spent $75 million just on recruitment, hiring, and 
training costs. Over 1,900 TSOs quit that year, at a cost of $16 
million to the taxpayer.
  Putting these employees on the GS scale will help with these 
retention issues.
  Additionally, Congress needs to ensure we recruit the most qualified 
individuals to combat terrorism and keep travelers safe. In order to do 
that, we need to know how the TSA is recruiting top candidates, 
including military veterans.
  My amendment requires a GAO study on how the TSA recruits workers 
and, specifically, TSA's efforts to recruit veterans and military 
spouses.

[[Page H1511]]

  In San Diego, where we have the third largest veteran population in 
the country, we often see vets continuing to serve their country 
through Federal employment. Security jobs like those in the TSA demand 
a competency often found in military veterans. Hiring vets is an asset 
to the TSA, but we have heard from TSOs in my district that job 
dissatisfaction prompts many of them to leave the TSA in favor of 
working elsewhere.
  The GAO study I am proposing will also provide recommendations for 
improvement, enabling the TSA to continue cultivating a workforce that 
complements the goals of the agency and responsibly spends our tax 
dollars.
  Many Members of this Chamber, on both sides of the aisle, have stood 
on this floor and championed the cause of hiring vets and military 
spouses. It is a policy that we have incentivized private corporations 
to implement, and we have criticized employers for not doing or doing 
improperly.
  Mr. Chair, I ask that my colleagues support this amendment so that we 
can ensure TSA is effectively recruiting the most qualified candidates 
and spending our taxpayer dollars wisely.
  Mr. Chair, I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition 
to the amendment, even though I am not opposed to it.
  The Acting CHAIR (Mr. Cisneros). Without objection, the gentleman 
from Alabama is recognized for 5 minutes.
  There was no objection.
  Mr. ROGERS of Alabama. Mr. Chairman, this amendment calls for a study 
on how TSA can recruit more veterans.
  I find that ironic, given that the underlying bill actually 
eliminates the existing hiring preferences for veterans, but the study 
is a good idea. Maybe it will come back and tell Congress that they 
ought to restore the hiring preferences for veterans that we currently 
have. That would be a good way to recruit veterans.
  Mr. Chair, I reserve the balance of my time.
  Mr. PETERS. Mr. Chair, I yield such time as he may consume to the 
gentleman from Mississippi (Mr. Thompson), my colleague and the chair 
of the committee.
  Mr. THOMPSON of Mississippi. Mr. Chair, I thank the gentleman for 
yielding time.
  Mr. Chair, we have worked long and hard on crafting a bill that I am 
convinced would be in the best interests of those TSO employees who 
work diligently to keep us safe, making sure that all is well when we 
fly in and out of Washington as Members of Congress, as well as the 450 
airports all around the United States.
  They do a good job, but they are not treated fairly.
  We want to make sure, in this instance, with the amendment, that we 
improve on the bill. So I rise in support of the amendment offered by 
my colleague, Mr. Peters from California.
  TSA takes pride in hiring veterans and reports that a quarter of its 
workforce is comprised of veterans. That is a good thing.
  Still, there are questions about the way TSA uses its personnel 
flexibilities when it comes to recruiting and hiring veterans.
  The Peters amendment would require the Government Accountability 
Office to conduct a study of TSA's recruitment process, including its 
recruitment of veterans. This amendment will improve the underlying 
bill by ensuring that, as TSA moves forward under title 5, it does so 
in a way that recruits and retains veterans.
  Mr. Chair, I urge my colleagues to support this amendment.
  Mr. ROGERS of Alabama. Mr. Chairman, I can't overstate this: The real 
irony of this amendment is the underlying bill eliminates the hiring 
preferences for veterans.
  We all want to give preference to veterans for their service to our 
country. The best thing we can do to make that happen is to leave 
current law in place.
  Mr. Chair, I reserve the balance of my time.
  Mr. PETERS. Mr. Chair, I appreciate the gentleman from Alabama (Mr. 
Rogers) not opposing this particular amendment, understanding his 
reservations about the underlying bill.
  I think what we are trying to do in good faith is to address some of 
the issues that he has raised about what some of the best procedures 
are to pursue going forward.
  Mr. Chair, I ask my colleagues for their support, and I yield back 
the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Peters).
  The amendment was agreed to.

                              {time}  0930


            Amendment No. 5 Offered by Mr. Brown of Maryland

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 116-411.
  Mr. BROWN of Maryland. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from Maryland (Mr. Brown) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. BROWN of Maryland. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chair, I want to recognize the hard work of Chairman Bennie 
Thompson on the underlying bill, and the entire Homeland Security 
Committee.
  My district, Maryland's Fourth Congressional District, has the fifth 
largest number of Federal employees in the country. These public 
servants go to work every day to make the country safer and a better 
place to live for our families.
  For years, transportation security officers have not had basic 
workplace protections, such as collective bargaining rights, 
whistleblower protections, and paid leave. Since 2011, transportation 
security officers, who make up 70 percent of TSA's workforce, have had 
labor union representation but, because of limitations imposed by TSA, 
have been denied full collective bargaining rights.
  TSOs were most severely impacted during the last government shutdown. 
During the shutdown, more than 50,000 TSA officers were deemed 
essential Federal employees, meaning they had to work without pay. Due 
to financial strain, officers called out in record numbers, which led 
to low morale and high turnover among its workforce.
  Staffing shortages prompted officials to consolidate checkpoints, 
creating long lines at some of the country's busiest airports, 
including Miami, Atlanta, and in my backyard at BWI Thurgood Marshall 
and Reagan National Airport, where my constituents felt the most 
strain.
  Federal workers who protect our country should not have to work in 
such strenuous conditions. Transportation security officers are vital 
safeguards for our Nation's transportation system. They should be 
afforded the same rights and benefits as other Federal employees.
  My amendment reaffirms the importance of TSA's workforce and 
recognizes that TSOs should be provided the same protections and 
benefits as other Federal employees under title V.
  In addition to collective bargaining rights, the transition to title 
V would increase salaries for most TSA employees and provide 
opportunities for regular pay raises for those meeting performance 
standards.
  TSA employees and TSOs are essential to our national security and 
safety. It is time we treat them with the respect they deserve. I 
strongly encourage my colleagues to support this amendment and the 
underlying legislation, and I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. ROGERS of Alabama. Mr. Chairman, this amendment is a sense of 
Congress articulating support for the underlying bill, an underlying 
bill which I

[[Page H1512]]

have made clear over the last 2 days would reduce pay and benefits for 
our TSOs. That is unacceptable. We should be trying to increase their 
pay and benefits and their flexibility rather than trying to cap it by 
moving into title V.
  I can't support this amendment because I don't support the underlying 
bill. There are many of us who feel that way, who care very deeply 
about TSOs being compensated better and given better benefits, so, for 
that reason, I oppose the bill, and I reserve the balance of my time.
  Mr. BROWN of Maryland. Mr. Chairman, I yield to the gentleman from 
Mississippi (Mr. Thompson), my friend and chairman of the committee.
  Mr. THOMPSON of Mississippi. Mr. Chair, I appreciate the gentleman 
yielding me the time.
  Let me be clear. This bill enhances opportunities for TSOs. It 
increases the possibility of them getting employment by putting them on 
the GS schedule for Federal employees, so I am somewhat mystified that 
a bill that is designed to bring a group of employees into a system 
that all other Federal employees are in is somehow penalizing those 
employees.
  The very intent of this bill is to level the playing field for TSOs, 
who, everybody agrees, are doing a wonderful job, so I continue to be 
somewhat baffled by the arguments against it.
  I support the gentleman from Maryland's amendment. This amendment 
adds additional language to the bill to reiterate Congress' intent that 
TSA employees should have the same protections and benefits as the rest 
of the Federal workforce.
  This current system that we have is not working for TSA employees. 
All you have to do is talk to them. When you go through the airports, 
just ask them: ``Are you happy with how you are being treated and paid 
right now?'' Without a doubt, they will tell you: ``No.'' So this is to 
fix it.
  I compliment the gentleman from Maryland's strengthening of the 
intent of this legislation. But, more importantly, the bargaining unit 
that represents the employees, the American Federation of Government 
Employees, which represents all the TSOs, all 46,000, they are in 
support of it.
  Mr. Chair, I urge my colleagues to support the amendment.
  Mr. BROWN of Maryland. Mr. Chair, I yield back the balance of my 
time.
  Mr. ROGERS of Alabama. Mr. Chairman, my friend and colleague from 
Mississippi is right about part of what he said, that is that if you 
talk to TSOs throughout this country, they are grossly dissatisfied 
with their pay, and rightfully so. We have not done our job in Congress 
to adequately fund the TSA to pay them better.
  The TSA wants to increase their pay. Under current law, they have a 
lot more capacity to raise their pay. If we move them to title V, that 
pay is capped.
  My friend from Maryland is absolutely right in his desire to want to 
help the TSOs. This underlying bill doesn't do it. We need to get with 
our appropriating brothers and sisters and urge them to fund the 
President's 2021 budget which does provide the money that would allow 
TSOs to be properly paid and not capped.
  I remind everybody that it was the Obama human capital experts who 
had a blue-ribbon study that recommended that we not move the TSA 
employees back to title V because it would, in fact, cut their pay and 
limit many of their benefits.
  Mr. Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Maryland (Mr. Brown).
  The amendment was agreed to.


                   Amendment No. 6 Offered by Mr. Kim

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 116-411.
  Mr. KIM. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from New Jersey (Mr. Kim) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. KIM. Mr. Chair, I rise today to introduce this simple amendment 
that addresses a complex and tragic problem.
  The U.S. Federal Air Marshal Service, men and women tasked with 
protecting the thousands of airline passengers and crew who fly across 
the United States and globally every day, is in a state of crisis.
  The public servants who are committed to our safety are subject to 
high-stress work environments that have led to a drastic increase in 
health issues, turnover in staff, and even a number of highly 
disturbing murders and suicides. In a story published by ABC News last 
year, Sonya Hightower LaBosco, the president of the Air Marshal 
National Council, a union which represents thousands of air marshals, 
said: ``The crisis is here--it's an epidemic.''
  My amendment addresses that epidemic by requiring that the TSA 
consult with the Federal Air Marshal Service and the bodies who 
represent its members to address concerns that have led to this crisis. 
It provides a path to finding solutions on mental health and suicide, 
while improving morale, recruitment, and retention.
  The cost of inaction is simply too high. We see the cost of inaction 
in the story of Mario Vanetta. Mario was a New Jersey air marshal who 
fatally shot his wife and himself in a murder-suicide last October. 
Mario left behind three children, and his tragic story is one we cannot 
ignore or forget.
  When our neighbors answer the call to service, they deserve our full 
support. Members of the Federal Air Marshal Service serve our country 
every day under incredible stress and difficult conditions. We have 
seen what those conditions do and the lives they impact. The time is 
now to act, to honor their service, and to put an end to this epidemic 
before it takes more American lives.
  Mr. Chair, I hope you will join me in passing this amendment, and I 
reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition 
to the amendment, although I am not opposed to it.
  The Acting Chair (Mr. Brown of Maryland). Without objection, the 
gentleman is recognized for 5 minutes.
  There was no objection.
  Mr. ROGERS of Alabama. Mr. Chair, we have consistently seen reporting 
and data highlighting the unique health and well-being challenges of 
Federal air marshals. This amendment is a commendable effort to examine 
the issue, and I urge my colleagues to support it.
  Mr. Chair, I reserve the balance of my time.
  Mr. KIM. Mr. Chairman, I yield to the gentleman from Mississippi (Mr. 
Thompson).
  Mr. THOMPSON of Mississippi. Mr. Chairman, I am happy to rise in 
support of the amendment offered by the gentleman from New Jersey (Mr. 
Kim).
  Federal air marshals are an essential component of the layered 
aviation security system that was created in the wake of the September 
11 attacks. Every day, these quiet heroes keep the flying public safe.
  As Representative Kim's amendment recognizes, there are some major 
personnel changes within FAMS that need timely attention. I commend the 
gentleman from New Jersey for introducing this amendment to direct TSA 
to aggressively take on the mental health and morale challenges within 
this subset of the TSA workforce.
  Again, I compliment the gentleman for his amendment and urge support.
  Mr. KIM. Mr. Chair, I would like to remind my colleagues that this 
bill isn't just a matter of national security; it is a matter of life 
and death for the men and women we depend on to keep our airline 
passengers and crews safe every day.
  Mr. Chair, I urge everyone to join me in standing up for them and to 
put an end to this crisis, and I yield back the balance of my time.

[[Page H1513]]

  

  Mr. ROGERS of Alabama. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Kim).
  The amendment was agreed to.


                Amendment No. 7 Offered by Mr. Cisneros

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 116-411.
  Mr. CISNEROS. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentleman 
from California (Mr. Cisneros) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CISNEROS. Mr. Chair, I want to thank my colleague, Mr. Thompson, 
for his steadfast leadership on this critical issue and for working 
with me to ensure that this amendment be made in order.
  Mr. Chair, I rise to offer an amendment which would require the 
Secretary of Homeland Security to prioritize the hiring of veterans and 
related preference-eligible individuals, including disabled veterans 
and widows or widowers of veterans, for positions within the 
Transportation Security Administration.
  Mr. Chair, I rise as a supporter and cosponsor of H.R. 1140 because I 
believe we must do what we can to ensure our public servants have fair 
pay and adequate protections. This is especially true for the Federal 
workforce charged with preserving our national security and protecting 
our Nation.
  As the threats against our Nation continue to evolve in complexity, 
TSA employees are tasked with adapting just the same. They deserve the 
ability to negotiate compensation equitable to the service they 
provide.

                              {time}  0945

  I rise to offer this amendment to ensure that our TSA workforce 
includes the fortitude of our Nation's heroes, veterans who are already 
mission-driven, molded in integrity, national-security minded, and, 
above all, driven by a proven track record of service to the mission. I 
have heard firsthand testimony of servicemen and -women, many returning 
with service-connected disabilities, but many who still yearn to serve 
and protect our Nation.
  What better way than with the Transportation Security Administration, 
a crucial necessity to the safekeeping of our Nation's citizens?
  My amendment would direct the Secretary of Homeland Security to 
prioritize our Nation's heroes first when hiring to support TSA's 
workforce. This includes veteran-related-preference-eligible 
individuals such as disabled veterans and widows or widowers of 
veterans. As a Navy veteran and member of the House Veterans' Affairs 
Committee and the House Armed Services Committee, the hiring of our 
servicemembers and veterans is one of my top priorities.
  Mr. Chairman, I urge my colleagues to join me in support of this 
amendment to ensure we do not overlook veterans who would strengthen 
the TSA workforce.
  I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition 
to the amendment.
  Here is another example of a messaging amendment that doesn't fix the 
veterans' hiring problem in the underlying bill. All this does is 
restate the veterans preference language in title 5. It does not 
restore the full veterans preference that exist under current law.
  I don't understand why the majority keeps restating this instead of 
fixing the underlying bill and allowing the veterans preference--which 
is broader--to remain in place without the impediment imposed by this 
underlying bill.
  So, Mr. Chairman, I oppose the amendment, and I reserve the balance 
of my time.
  Mr. CISNEROS. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Mississippi (Mr. Thompson).
  Mr. THOMPSON of Mississippi. Mr. Chairman, I rise in support of the 
amendment offered by the gentleman from California (Mr. Cisneros).
  Let me be clear. We want to do all we can for our veterans. They have 
done a tremendous job defending us all over the world. The least we can 
do is when they return, or, unfortunately, when they don't return 
through tragedy, we take care of the families by offering them 
employment.
  This is a simple, commonsense amendment that I would hope there would 
be no disagreement on. All this does is provide the same language that 
we use for all other title 5 employees, which the intent of the overall 
bill is to bring everybody under the same system.
  So, I rise in support of the gentleman from California's amendment 
and ask for its approval.
  Mr. CISNEROS. Mr. Chairman, I am prepared to close.
  Mr. Chairman, I just want to reiterate this is a simple amendment in 
support of our Nation's veterans. I urge my colleagues to adopt the 
amendment, and I yield back the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I want to restate that the 
underlying bill restricts the veterans preference in the hiring that 
exists now. Under current law, all veterans are given preference in 
hiring at the TSA. Under the underlying bill, it would be restricted to 
those veterans who had a rank of O3 or less. Only they would get 
preferences. I don't think this is where this Congress wants to go.
  Mr. Chairman, I oppose the amendment, and I yield back the balance of 
my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Cisneros).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


               Amendment No. 8 Offered by Ms. Spanberger

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 116-411.
  Ms. SPANBERGER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentlewoman 
from Virginia (Ms. Spanberger) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Virginia.
  Ms. SPANBERGER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I would like to begin by thanking Chairman Thompson for 
his leadership on this important legislation and for his commitment to 
the men and women who keep our airports and travelers safe.
  I am proud to cosponsor this bipartisan bill because I share the 
chairman's commitment to ensuring that the TSA workforce receives the 
rights that they have earned.
  I am also proud to lead this amendment, which would codify the 
administration's ban on TSA employees using or installing the app 
TikTok on their government-issued phones.
  While to some TikTok may seem like a harmless app, TikTok presents a 
significant counterintelligence threat. Our intelligence experts are 
rightly concerned about the use of the TikTok app, especially on U.S. 
Government-issued devices.
  As many of my colleagues know, TikTok, like other Chinese companies,

[[Page H1514]]

is required under Chinese law to share information with the government 
and its institutions. There are real concerns that this app could also 
collect information on users in the United States to advance Chinese 
counterintelligence efforts. And because it could become a tool for 
surveilling U.S. citizens or Federal personnel, TikTok has no business 
being on U.S. Government-issued devices.
  While entrusted with keeping Americans safe, our security personnel 
should not use apps that could compromise Federal Government data. 
There is always a threat that TikTok could be used to compromise 
government devices, including those used in our airports and among our 
airport personnel. That is why this amendment is so important and why 
we should pass it without delay.
  Recently, the TSA announced a prohibition on employees using or 
downloading TikTok on their government-issued work phones, and my 
amendment would make this ban law. Other government agencies and 
departments have instituted a prohibition on the use of TikTok on 
government-issued phones including the U.S. Army, the State Department, 
and the Department of Homeland Security.
  TSA is right to institute this policy, especially as TikTok refuses 
to provide more transparency into some of its more controversial 
practices and use.
  Mr. Chairman, I urge my colleagues to vote ``yes'' on my amendment to 
keep our government devices and our airports safe from potential 
foreign surveillance, and I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition 
to the bill, although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. ROGERS of Alabama. Mr. Chairman, as the gentlewoman from Virginia 
has just stated, the administration has already taken some proactive 
steps to deal with this threat; however, we need to remain vigilant 
when it comes to dealing with counterintelligence threats and concerns 
in the Federal workforce. I think this amendment does that.
  Mr. Chairman, I urge my colleagues to support it, and I reserve the 
balance of my time.
  Ms. SPANBERGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Thompson).
  Mr. THOMPSON of Mississippi. Mr. Chairman, I compliment the 
gentlewoman from Virginia in offering this amendment.
  Recently, the intelligence community raised national security 
concerns about the TikTok app and its ties to China. As we always and 
have been continuously informed, the Chinese are trying to get 
information on what we are doing every day of the week, every month, 
all the year. In response to this, TSA banned the use of TikTok by TSA 
employees on government-provided devices.
  Representative Spanberger's amendment is to be commended for 
recognizing that national security concerns about this app and 
successor apps will not go away over time and for authorizing this 
amendment to be codified in law.
  With that, Mr. Chairman, I urge my colleagues to support this 
amendment.
  Ms. SPANBERGER. Mr. Chairman, I urge my colleagues to support this 
amendment and to continue protecting our Nation, and I yield back the 
balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Virginia (Ms. Spanberger).
  The amendment was agreed to.


             Amendment No. 9 Offered by Ms. Mucarsel-Powell

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 116-411.
  Ms. MUCARSEL-POWELL. Mr. Chairman, I rise as the designee of Ms. 
Schrier, and I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 7. 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.

  The Acting CHAIR. Pursuant to House Resolution 877, the gentlewoman 
from Florida (Ms. Mucarsel-Powell) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. MUCARSEL-POWELL. Mr. Chairman, this amendment will ensure that 
the TSA Administrator works in coordination with the Directors of the 
Centers for Disease Control and the National Institute of Allergy and 
Infectious Diseases to ensure that TSA employees are provided the 
proper guidance regarding prevention and protections against 
coronavirus, including appropriate resources.
  TSA employees are on the front lines of strengthening the safety of 
our transportation systems while ensuring the freedom of movement for 
people and commerce, which is why this underlying legislation is so 
important.
  As part of their mission, TSA employees constantly come in close 
contact with countless people every day from across the country and 
from around the world. This means that their potential risk and 
exposure to the virus is heightened.
  Our TSA employees work every day to protect us as we travel. In turn, 
we must do all we can to protect them while they are on the job.
  Mr. Chairman, I urge support of this amendment and underlying bill, 
and I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition 
to the amendment, although I am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. ROGERS of Alabama. Mr. Chairman, this amendment recognizes that 
the coronavirus is a serious public health threat and that the TSA has 
a responsibility to educate its personnel as to how they should protect 
themselves. I can't imagine why anybody would oppose it.
  Mr. Chairman, I urge my colleagues to vote ``yes,'' and I yield back 
the balance of my time.
  Ms. MUCARSEL-POWELL. Mr. Chairman, I am in agreement. I urge the 
support of this agreement, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Florida (Ms. Mucarsel-Powell).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Florida 
will be postponed.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I move that the Committee 
do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Mucarsel-Powell) having assumed the chair, Mr. Brown of Maryland, 
Acting Chair of the Committee of the Whole House on the state of the 
Union, reported that that Committee, having had under consideration the 
bill (H.R. 1140) 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, had come to no resolution thereon.

                          ____________________