[Congressional Record Volume 168, Number 81 (Thursday, May 12, 2022)]
[House]
[Pages H4878-H4891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




RIGHTS FOR THE TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE ACT OF 
                                  2021

  Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to House 
Resolution 1097, I call up the bill (H.R. 903) 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, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, in lieu 
of the amendment in the nature of a substitute recommended by the 
Committee on Homeland Security printed in the bill, an amendment in the 
nature of a substitute consisting of the text of Rules Committee Print 
117-40, modified by the amendment printed in part A of House Report 
117-320, is adopted and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                                H.R. 903

       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 the 
     Transportation Security Administration Workforce Act of 
     2022'' or the ``Rights for the TSA Workforce Act of 2022''.

     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 ``appropriate congressional committees'' means 
     the Committees on Homeland Security and Oversight and Reform 
     of the House of Representatives and the Committees on 
     Commerce, Science, and Transportation and Homeland Security 
     and Governmental Affairs of the Senate;
       (4) the term ``at-risk employee'' means a Transportation 
     Security Officer, Federal Air Marshal, canine handler, or any 
     other employee of the Transportation Security Administration 
     carrying out duties that require substantial contact with the 
     public during the COVID-19 national emergency;
       (5) the term ``conversion date'' means the date as of which 
     subparagraphs (A) through (F) of section 3(c)(1) take effect;
       (6) the term ``covered employee'' means an employee who 
     holds a covered position;
       (7) the term ``covered position'' means a position within 
     the Transportation Security Administration;
       (8) the term ``COVID-19 national emergency'' means the 
     national emergency declared by the President under the 
     National Emergencies Act (50 U.S.C. 1601 et seq.) on March 
     13, 2020, with respect to the coronavirus;
       (9) the term ``employee'' has the meaning given such term 
     by section 2105 of title 5, United States Code;
       (10) the term ``Secretary'' means the Secretary of Homeland 
     Security;
       (11) 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;
       (12) the term ``TSA'' means the Transportation Security 
     Administration; and
       (13) 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, as modified, or any 
     superseding subsequent determination.

     SEC. 3. CONVERSION OF TSA PERSONNEL.

       (a) Restrictions on Certain Personnel Authorities.--
       (1) In general.--Notwithstanding any other provision of 
     law, and except as provided in paragraph (2), effective as of 
     the date of the enactment of this Act--
       (A) 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, 
     letter, guideline, or directive in effect on such day may not 
     be modified;
       (B) 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
       (C) 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.
       (2) Exceptions.--
       (A) Pay.--Notwithstanding paragraph (1)(A), the limitation 
     in that paragraph shall not apply to any TSA personnel 
     management policy, letter, guideline, or directive related to 
     annual adjustments to pay schedules and locality-based 
     comparability payments in order to maintain parity with such 
     adjustments authorized under section 5303, 5304, 5304a, and 
     5318 of title 5, United States Code; and
       (B) Additional policy.--Notwithstanding paragraph (1)(B), 
     new TSA personnel management policy may be issued if--
       (i) such policy is needed to resolve a matter not 
     specifically addressed in policy in effect on the date of 
     enactment of this Act; and
       (ii) the Secretary provides such policy, with an 
     explanation of its necessity, to the appropriate 
     congressional committees not later than 7 days of issuance.
       (C) Emerging threats to transportation security during 
     transition period.--Notwithstanding paragraph (1), any TSA 
     personnel management policy, letter, guideline, or directive 
     related to an emerging threat to transportation security, 
     including national emergencies or disasters and public health 
     threats to transportation security, may be modified or 
     established until the conversion date. The Secretary shall 
     provide to the appropriate congressional committees any 
     modification or establishment of such a TSA personnel 
     management policy, letter, guideline, or directive, with an 
     explanation of its necessity, not later than 7 days of such 
     modification or establishment.
       (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 
     conversion date.
       (c) Transition to Title 5.--
       (1) In general.--Except as provided in paragraph (2), 
     effective as of the date determined by the Secretary, but in 
     no event later than December 31, 2022--
       (A) the TSA personnel management system shall cease to be 
     in effect;
       (B) section 114(n) of title 49, United States Code, is 
     repealed;
       (C) section 111(d) of the Aviation and Transportation 
     Security Act (49 U.S.C. 44935 note) is repealed;
       (D) any TSA personnel management policy, letter, guideline, 
     and directive, including the 2019 Determination, shall cease 
     to be effective;
       (E) 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
       (F) covered employees and covered positions shall be 
     subject to the provisions of title 5, United States Code.
       (2) Chapters 71 and 77 of title 5.--Not later than 90 days 
     after the date of enactment of this Act--
       (A) chapter 71 and chapter 77 of title 5, United States 
     Code, shall apply to covered employees carrying out screening 
     functions pursuant to section 44901 of title 49, United 
     States Code; and
       (B) any policy, letter, guideline, or directive issued 
     under section 111(d) of the Aviation and Transportation 
     Security Act (49 U.S.C. 44935 note) related to matters 
     otherwise covered by such chapter 71 or 77 shall cease to be 
     in effect.
       (3) Assistance of other agencies.--Not later than 180 days 
     after the date of enactment of this Act or December 31, 2022, 
     whichever is earlier--

[[Page H4879]]

       (A) the Office of Personnel Management shall establish a 
     position series and classification standard for the positions 
     of Transportation Security Officer, Federal Air Marshal, 
     Transportation Security Inspector, and other positions 
     requested by the Administrator; and
       (B) the Department of Agriculture's National Finance Center 
     shall make necessary changes to its Financial Management 
     Services and Human Resources Management Services to ensure 
     payroll, leave, and other personnel processing systems for 
     TSA personnel are commensurate with chapter 53 of title 5, 
     United States Code, and provide functions as needed to 
     implement this Act.
       (d) Safeguards on Grievances and Appeals.--
       (1) In general.--Each covered employee with a grievance or 
     appeal pending within TSA on the date of the enactment of 
     this Act or initiated during the transition period described 
     in subsection (c) shall have the right to have such grievance 
     or appeal removed to proceedings pursuant to title 5, United 
     States Code, or continued within the TSA.
       (2) Authority.--With respect to any grievance or appeal 
     continued within the TSA pursuant to paragraph (1), the 
     Administrator may consider and finally adjudicate such 
     grievance or appeal notwithstanding any other provision of 
     this Act.
       (3) Preservation of rights.--Notwithstanding any other 
     provision of law, any appeal or grievance continued pursuant 
     to this section that is not finally adjudicated pursuant to 
     paragraph (2) shall be preserved and all timelines tolled 
     until the rights afforded by application of chapters 71 and 
     77 of title 5, United States Code, are made available 
     pursuant to section 3(c)(2) of this Act.

     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 3(c)(1)(F)--
       (1) shall not be subject to any reduction in either the 
     rate of adjusted basic pay payable or law enforcement 
     availability pay payable to such covered employee; and
       (2) shall be credited for years of service in a specific 
     pay band under a TSA personnel management system as if the 
     employee had served in an equivalent General Schedule 
     position at the same grade, for purposes of determining the 
     appropriate step within a grade at which to establish the 
     employee's converted rate of pay.
       (b) Retirement Pay.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a proposal, including 
     proposed legislative changes if needed, for determining a 
     covered employee's average pay for purposes of calculating 
     the employee's retirement annuity, consistent with title 5, 
     United States Code, for any covered employee who retires 
     within three years of the conversion date, in a manner that 
     appropriately accounts for time in service and annual rate of 
     basic pay following the conversion date.
       (c) Limitation on Premium Pay.--Notwithstanding section 
     5547 of title 5, United States Code, or any other provision 
     of law, a Federal Air Marshal or criminal investigator hired 
     prior to the date of enactment of this Act may be eligible 
     for premium pay up to the maximum level allowed by the 
     Administrator prior to the date of enactment of this Act. The 
     Office of Personnel Management shall recognize such premium 
     pay as fully creditable for the purposes of calculating pay 
     and retirement benefits.
       (d) Preservation of Law Enforcement Availability Pay and 
     Overtime Pay Rates for Federal Air Marshals.--
       (1) LEAP.--Section 5545a of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(l) The provisions of subsections (a)-(h) providing for 
     availability pay shall apply to any Federal Air Marshal who 
     is an employee of the Transportation Security 
     Administration.''.
       (2) Overtime.--Section 5542 of such title is amended by 
     adding at the end the following:
       ``(i) Notwithstanding any other provision of law, a Federal 
     Air Marshal who is an employee of the Transportation Security 
     Administration shall receive overtime pay under this section, 
     at such a rate and in such a manner, so that such Federal Air 
     Marshal does not receive less overtime pay than such Federal 
     Air Marshal would receive were that Federal Air Marshal 
     subject to the overtime pay provisions of section 7 of the 
     Fair Labor Standards Act of 1938.''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall begin to apply on the conversion date (as that 
     term is defined in section 2 of the Rights for the TSA 
     Workforce Act of 2022).
       (e) Collective Bargaining Unit.--Notwithstanding section 
     7112 of title 5, United States Code, following the 
     application of chapter 71 pursuant to section 3(c)(2) of this 
     Act, full- and part-time non-supervisory Transportation 
     Security Administration personnel carrying out screening 
     functions under section 44901 of title 49, United States 
     Code, shall remain eligible to form a collective bargaining 
     unit.
       (f) Preservation of Other Rights.--The Secretary shall take 
     any actions necessary to ensure that the following rights are 
     preserved and available for each covered employee as of the 
     conversion date and any covered employee appointed after the 
     conversion date, and continue to remain available to covered 
     employees after the conversion date:
       (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, subject to any 
     limitation on accumulated leave under chapter 63 of title 5, 
     United States Code.
       (2) Part-time personnel carrying out screening functions 
     under section 44901 of title 49, United States Code, pay 
     Federal Employees Health Benefits premiums on the same basis 
     as full-time TSA employees.
       (3) Covered employees are provided appropriate leave during 
     national emergencies to assist the covered employees and 
     ensure TSA meets mission requirements, notwithstanding 
     section 6329a of title 5, United States Code.
       (4) Eligible covered employees carrying out screening 
     functions under section 44901 of title 49, United States 
     Code, receive a split-shift differential for regularly 
     scheduled split-shift work as well as regularly scheduled 
     overtime and irregular and occasional split-shift work.
       (5) Eligible covered employees receive group retention 
     incentives, as appropriate, notwithstanding sections 5754(c), 
     (e), and (f) of title 5, United States Code.

     SEC. 5. CONSULTATION REQUIREMENT.

       (a) Exclusive Representative.--
       (1) In general.--
       (A) Beginning on the date chapter 71 of title 5, United 
     States Code, begins to apply to covered employees pursuant to 
     section 3(c)(2), the labor organization certified by the 
     Federal Labor Relations Authority on June 29, 2011, or any 
     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.
       (B) Nothing in this subsection shall be construed to 
     prevent covered employees from selecting an exclusive 
     representative other than the labor organization described 
     under paragraph (1) for purposes of collective bargaining 
     under such chapter 71.
       (2) National level.--Notwithstanding any provision of such 
     chapter 71, collective bargaining for any unit of covered 
     employees shall occur at the national level, but may be 
     supplemented by local level bargaining and local level 
     agreements in furtherance of elements of a national agreement 
     or on local unit employee issues not otherwise covered by a 
     national agreement. Such local-level bargaining and local-
     level agreements shall occur only by mutual consent of 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 a 
     TSA Federal Security Director or their designee.
       (3) Current agreement.--Any collective bargaining agreement 
     covering such personnel in effect on the date of enactment of 
     this Act shall remain in effect until a collective bargaining 
     agreement is entered into under such chapter 71, unless the 
     Administrator and exclusive representative mutually agree to 
     revisions to such agreement.
       (b) Consultation Process.--Not later than seven 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 full- and part-time non-
     supervisory TSA personnel carrying out screening functions 
     under section 44901 of title 49, United States Code, under 
     this Act. Prior to the date such chapter 71 begins to apply 
     pursuant to section 3(c)(2), the Secretary shall provide (in 
     writing) to such exclusive representative the plans for how 
     the Secretary intends to carry out the conversion of such 
     personnel 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.

     SEC. 6. NO RIGHT TO STRIKE.

        Nothing in this Act may 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. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK 
                   REQUIREMENTS.

       Not later than one year after the date of enactment of this 
     Act, the Secretary shall submit a plan to the appropriate 
     congressional committees on a proposal to harmonize and 
     update, for the purposes of hiring and for authorizing or 
     entering into any contract for service, the restrictions in 
     section 70105(c) of title 46, United States Code (relating to 
     the issuance of transportation security cards), and section 
     44936 of title 49, United States Code (relating to security 
     screener employment investigations and restrictions).

     SEC. 8. COMPTROLLER GENERAL REVIEWS.

       (a) Review of Recruitment.--Not later than one year after 
     the date of the enactment of this Act, the Comptroller 
     General shall submit to Congress a report on the efforts of 
     the TSA regarding recruitment, including recruitment efforts 
     relating to veterans and the dependents of veterans and 
     members of the Armed Forces and

[[Page H4880]]

     the dependents of such members. Such report shall also 
     include recommendations regarding how the TSA may improve 
     such recruitment efforts.
       (b) Review of Implementation.--Not later than 60 days after 
     the conversion date, the Comptroller General shall commence a 
     review of the implementation of this Act. The Comptroller 
     General shall submit to Congress a report on its review no 
     later than one year after such conversion date.

     SEC. 9. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the TSA's personnel system provides insufficient 
     benefits and workplace protections to the workforce that 
     secures the nation's transportation systems and that the 
     TSA's workforce should be provided protections and benefits 
     under title 5, United States Code; and
       (2) the provision of these title 5 protections and benefits 
     should not result in a reduction of pay or benefits to 
     current TSA employees.

     SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

       The Administrator may communicate with organizations 
     representing a significant number of Federal Air Marshals, to 
     the extent provided by law, 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. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.

       The Administrator, in coordination with the Director of the 
     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 the 
     COVID-19 National Emergency, including appropriate resources.

     SEC. 12. HAZARDOUS DUTY PAYMENTS.

       Subject to the availability of appropriations, and not 
     later than 90 days after receiving such appropriations, the 
     Administrator shall provide a one-time bonus payment of 
     $3,000 to each at-risk employee.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary, to remain available until expended, to carry out 
     this Act.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Homeland Security or their respective 
designees.
  The gentleman from Mississippi (Mr. Thompson) and the gentleman from 
Mississippi (Mr. Guest) each will control 30 minutes.
  The Chair now recognizes the gentleman from Mississippi (Mr. 
Thompson).


                             General Leave

  Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi (Mr. Thompson)?
  There was no objection.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise today in strong support of my bill, H.R. 903, the 
Rights for the Transportation Security Administration Workforce Act.
  This critical legislation will bring equity and improve working 
conditions to the Transportation Security Administration by providing 
better pay, expanded collective bargaining rights, and basic civil 
service protection to the agency's workforce.
  The essential employees of the TSA have continued to work throughout 
the pandemic, never relenting in their mission to secure air travel 
despite the risks to their health. They did so before the pandemic and 
continue to do so now despite enduring two decades of low pay and a 
lack of basic workplace rights enjoyed by most other Federal employees.
  These shortcomings have led to low morale and high turnover impacting 
TSA's ability to cultivate a mature workforce that can skillfully 
combat the constantly evolving threats to our Nation's transportation 
systems. In 2020, TSA ranked dead last on pay satisfaction as part of 
the annual Best Places to Work in the Federal Government survey.
  In addition, the most recent analysis done on employee turnover at 
TSA shows that over a 2-year span, one in three transportation security 
officers, or TSOs, quit. That analysis also revealed that in a single 
year, TSA spent approximately $16 million to hire and onboard nearly 
2,000 people who left just months after they got the job. This 
revolving door of recruiting, training, and then losing TSOs is 
unsustainable and underscores the need to find a permanent solution 
that will ensure TSA lives up to its critical national security 
mission. H.R. 903 would permanently move TSA under title 5 of U.S. Code 
and eliminate the existing personnel management system that is the 
source of many of the problems I have enumerated.
  This bill will result in better pay and regular salary increases for 
workers who too often live paycheck to paycheck and experience long 
paths to career advancement despite years on the job. Employees will 
benefit from the same collective bargaining rights under H.R. 903 that 
other Federal employees have, empowering them to collaborate with TSA 
management to improve working conditions at the agency.
  Employees who believe they have experienced wrongful discipline could 
appeal their case to a neutral party to be heard, just as other Federal 
employees are able to do. It would eliminate TSA leadership's ability 
to abuse special personnel authorities in ways that have historically 
benefited those at the top. In other words, Mr. Speaker, people at the 
top get big raises but people at the bottom get the short end of the 
stick.
  TSA management would still be able to remove employees from duties if 
they could compromise the mission of the agency. Furthermore, just like 
any other unionized Federal agency, TSA's security procedures would not 
be subject to collective bargaining with the workforce.
  We are fortunate to have an administration in the White House that 
understands the importance of making these changes. This week, the 
Biden administration issued a Statement of Administration Policy 
voicing strong support for the bill and noting it is in line with the 
President's budget request for 2023.

                              {time}  1230

  Mr. Speaker, I include in the Record the Statement of Administration 
Policy.

                   Statement of Administration Policy


 h.r. 903--rights for the tsa workforce act of 2022--rep. thompson, d-
                         ms, and 231 cosponsors

       The Administration strongly supports passage of H.R. 903, 
     the Rights for the Transportation Security Administration 
     (TSA) Workforce Act of 2022. This legislation is an important 
     step in ensuring equitable pay for the TSA workforce and is 
     aligned with the 2023 President's Budget request to improve 
     pay for TSA employees. The Administration looks forward to 
     working with the Congress to enact and fund this important 
     legislation.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I also applaud the Biden 
administration for the steps it has taken on its own over the last year 
to expand employees' access to the Merit Systems Protection Board and 
explore expanded collective bargaining and increased pay for the 
workforce. About a year ago, the Secretary of Homeland Security 
released a memo that instructed the TSA Administrator to make progress 
on improving pay, collective bargaining, and third-party appeals 
rights.
  Laudably, the President's budget for fiscal year 2023 includes a 
historic proposal to invest in the TSA workforce in these ways. But 
critically, crucially, these changes would only apply to the coming 
fiscal year. That is why it is so essential to pass H.R. 903 so that 
future administrations cannot turn back the clock on these frontline 
aviation security workers.
  We all know that the nature of an investment is that you have to put 
some money in upfront and see the returns later. Unlike a typical 
investment, however, we already have a snapshot into the financial 
benefit this legislation would yield to workers.
  Earlier this year, TSA shared with us that the passage of H.R. 903 
would result in a 30 percent salary increase for the entire TSO 
workforce and a 21 percent increase for Federal air marshals and other 
law enforcement officers within the agency, bringing them in line with 
their peers doing similar work at other agencies.
  That is astounding, Mr. Speaker, on its face, and it is the least we 
can do for the men and women who see us each week as we pass through 
our home airports on the way to Washington, D.C.
  Most Members, Republicans and Democrats, thank them for the job that 
they are doing and say if there is

[[Page H4881]]

anything they can do to help, just let them know. Well, Mr. Speaker, 
passing this bill would do exactly that.
  H.R. 903 has 231 bipartisan cosponsors and is strongly supported by 
the American Federation of Government Employees, the Air Marshals 
Association, the Association of Flight Attendants, the Transport 
Workers Union of America, the Transportation Trades Department, the 
AFL-CIO, and the National Urban League.
  I include in the Record letters of support from these organizations.

                                            American Federation of


                                Government Employees, AFL-CIO,

                                      Washington, DC, May 6, 2022.
     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of the American Federation 
     of Government Employees, AFL-CIO (AFGE), which represents 
     more than 700,000 federal and District of Columbia employees 
     in 70 agencies, including approximately 45,000 Transportation 
     Security Officers (TSOs) who protect the flying public, I 
     write to urge you to vote in support of H.R. 903, the 
     ``Rights for the Transportation Security Administration 
     Workforce Act of 2021'' when it is considered on the House 
     floor next week.
       Passage of H.R. 903 would finally provide due process and 
     fair pay to TSOs by requiring full collective bargaining 
     rights and the GS-pay scale as is enjoyed by most federal 
     government workers. When the Transportation Security 
     Administration (TSA) was established, its administrator was 
     given uniquely broad authority over the workforce to set pay 
     and working conditions. As a result, TSOs do not benefit from 
     the Fair Labor Standards Act or the General Schedule pay 
     scale and do not have representational rights accorded by 
     Congress to most of the federal workforce under the Civil 
     Service Reform Act of 1978. Under current law, TSOs cannot 
     appeal adverse personnel decisions to a neutral third party, 
     rights that are held by the non-TSO workforce at TSA as well 
     as most law enforcement officers who serve elsewhere within 
     the Department of Homeland Security (DHS). Other DHS 
     employees, clearly vital to our national security, can and do 
     appeal adverse actions not only to the Merit Systems 
     Protection Board (MSPB) but also to the U.S. Court of 
     Appeals.
       When the bill was considered in the House Homeland Security 
     Committee, I testified in support of the legislation and 
     shared stories of the struggles TSOs have suffered under 
     TSA's separate and unequal personnel management system. They 
     are stories of harassment, intimidation, humiliation, 
     discrimination and most of all, stories of the despair TSOs 
     face with no neutral party to turn to. This separate system 
     is a failure that has fostered a toxic culture that will not 
     change without legislative action.
       On June 3, 2021 Homeland Security Secretary Alejandro 
     Mayorkas directed TSA Administrator David Pekoske to issue a 
     new determination and bargain a new contract with the union 
     to ``more closely mirror the rights and benefits that are 
     provided to bargaining unit employees under Chapter 71 of 
     Title 5 of the United States Code.'' In issuing this 
     directive, Secretary Mayorkas acknowledged that statutorily, 
     the provisions under title 5 cannot be directly granted and 
     the TSO workforce does not have the direct right to appeal 
     adverse actions to MSPB. This can only be corrected in law.
       In the nearly 21-year history of TSA, the Secretary's 
     action was both unprecedented and highly welcomed. However, 
     his directive makes clear this is a temporary step to provide 
     relief until these rights can be secured in statute. The time 
     is now to step up and recognize the rushed decision almost 21 
     years ago to allow at separate personnel system no longer 
     serves the employees of TSA appropriately, and thereby 
     extends a disservice to the American public and to aviation 
     security.
       H.R. 903 honors TSOs' dedication to America's aviation 
     security by:
       Statutorily repealing the TSA Administrator's authority to 
     maintain a separate and unequal personnel system that applies 
     only to the TSO workforce;
       Statutorily ending the TSA personnel directives that have 
     allowed TSA to be the judge and jury, with no neutral third-
     party review, in workforce disciplinary matters and providing 
     statutory access to MSPB;
       Requiring TSA to follow the labor-management employee 
     relations statutes that provide workplace rights and 
     protections to most federal government employees under Title 
     5 of the U.S. Code; and
       Putting TSOs on the General Schedule pay scale with regular 
     step increases, under which most federal employees' pay is 
     determined. While it takes 18 years to advance to the top 
     step in the GS system, it takes 30 years to advance through a 
     TSA pay band. AFGE notes that President Biden included 
     sufficient funds in his Fiscal Year 2023 Budget to all for 
     the migration to the GS system and the necessary bargaining 
     and MSPB rights.
       I ask you to vote in support of H.R. 903 and oppose any 
     amendments that weaken its intent to achieve fair pay, a fair 
     opportunity and put an end to this failed, toxic system.
       AFGE appreciates your support of our nation's TSOs and we 
     look forward to working with you to improve the agency and 
     the rights of its dedicated workforce that keeps the flying 
     public safe.
           Sincerely,
                                                Everett B. Kelley,
     National President.
                                  ____



                                      Air Marshal Association,

                                                     May 13, 2021.
     Hon. Bennie Thompson,
     Washington, DC.
       Dear Congressman Thompson: The Air Marshal Association is 
     proud to stand with you in support of H.R. 903--Rights for 
     the TSA Workforce Act of 2021.
       It is long overdue that the men and women who work to keep 
     our transportation system secure are treated with the respect 
     and dignity they have earned. Since the Transportation 
     Security Administration was created in the aftermath of 
     September 11th, 2001, TSA employees have endured a 
     substandard core compensation system that effectively turned 
     them into 'second-class federal workers'. We thank you for 
     championing this necessary legislation throughout the past 
     four Congresses, and you can again count on our enthusiastic 
     support.
       On behalf of the Air Marshal Association Executive Board.
           Sincerely,
                                                   John Casaretti,
     President, Air Marshal Association.
                                  ____

                                             Association of Flight


                                      Attendants--CWA, AFL-CIO

                                   Washington, DC, April 30, 2021.
     Hon. Bennie Thompson,
     Chairman, House Homeland Security Committee, Washington, DC.
       Dear Chairman Thompson: The Association of Flight 
     Attendants--CWA, AFL-CIO (AFA) represents 50,000 flight 
     attendants across the industry. We offer our strong support 
     for H.R. 903, the Rights for Transportation Security 
     Administration (TSA) Workforce Act of 2021.
       Twenty years ago, when TSA was created, Congress wrongfully 
     excluded TSA agents from basic rights and protections 
     afforded to most federal employees. The result has been a 
     shameful separate and unequal system of low pay and 
     inadequate protections for this critical group of public 
     safety employees
       During the pandemic, 7,787 TSA employees have contracted 
     COVID-19 and 16 have lost their lives to the virus. Under the 
     previous Administration, many TSA agents were forced daily 
     into close proximity with hundreds, even thousands, of 
     maskless passengers. Ignoring the advice and guidance of 
     federal health agencies and public health leaders, TSA and 
     the Administration permitted airports to set their own rules 
     for mask-wearing, denied their workers access to Personal 
     Protective Equipment (PPE), and never created a preventative 
     testing system. These constitute a profound and unacceptable 
     failure to address the vulnerabilities of this essential and 
     frontline workforce. The solution is clear. Congress must 
     extend to TSA personnel the equal protections and 
     representation long-denied under federal law.
       As aviation's first responders, Flight Attendants depend on 
     the professionalism and expertise of the TSA workforce every 
     day. TSA employees need and deserve a strong voice at work to 
     help promote the best conditions for security of air travel. 
     H.R. 903 ensures full collective bargaining rights for 
     Transportation Security Officers (TSOs) to negotiate for 
     better working conditions, puts TSA officers on the General 
     Schedule pay scale, and provides officers with much needed 
     statutory worker protections against unfair labor practices.
       Security is very personal for me. I remember airport 
     security prior to September 11, 2001. I remember the faces of 
     the screeners who allowed terrorists to enter Terminal C at 
     Logan and to board Flight 175. I remember the screeners' 
     faces because they were there all the time, seven days a 
     week, all hours of the day. I remember the sound of their 
     voices, their tired smiles, and the long hours they worked 
     for the lowest bidding security company just so that they 
     could provide for their own families. I often wonder how 
     those security agents have coped with their part in failing 
     to stop the most fatal attack on U.S. soil. Do they 
     understand they were set up to fail?
       Twenty years ago, the decision to federalize airport 
     screening improved aviation security immediately. When AFGE 
     won the largest organizing campaign in the public sector in 
     over 70 years and gave these workers a voice at the agency, 
     our security improved again. My colleagues and I depend on 
     TSOs to keep us safe. We also depend on our union. We know 
     that our union has made flying safer for everyone through 
     constant vigilance, and by giving frontline workers--the 
     people who know the operation--a clear and strong voice in 
     the workplace. Safety and security doesn't just happen; it 
     happens because we demand it of ourselves, demand it of 
     management, and demand it of government.
       The unjust decision to exclude TSA from the basic rights 
     and protections of federal employees has produced a workforce 
     that is among the lowest paid and least secure. While TSA's 
     diversity is a cause for celebration--55 percent of the TSA 
     workforce identifies as a racial or ethnic minority--this 
     makes their exclusion even more problematic, creating yet 
     another disparate treatment, another barrier to advancement 
     for historically-marginalized workers.
       We finally note that the drive to win long-denied rights 
     for TSOs aligns with the goals of the newly-formed White 
     House Task Force on Worker Organizing and Empowerment.

[[Page H4882]]

     The first goal of this landmark Task Force is to ``lead by 
     example by ensuring that the federal government is a model 
     employer with respect to encouraging worker organizing and 
     collective bargaining among its workforce (emphasis added).'' 
     The moment for action has arrived.
       AFA applauds your leadership and support for the aviation 
     workforce and pledges to work alongside you and members of 
     this Committee to secure the basic worker rights and 
     protections long denied to Transportation Security Officers.
           Respectfully,
                                                      Sara Nelson,
     International President.
                                  ____


                                           Transport Workers Union


                                          of America, AFL-CIO,

                                      Washington, DC, May 4, 2022.
       Dear Representative: On behalf of more than 155,000 members 
     of the Transport Workers Union of America (TWU), I am writing 
     to encourage you to support the Rights for the Transportation 
     Security Administration Workforce Act of 2022 (H.R. 903).
       The security of our air system is guarded by Transportation 
     Security Officers (TSOs), working for the Transportation 
     Security Administration (TSA). Despite being entrusted with 
     the well-being of our air system, TSOs do not have the same 
     statutory rights as other federal employees. H.R. 903 would 
     ensure TSOs are guaranteed a fair wage scale, the ability to 
     appeal disputes to an independent third party, whistleblower 
     protections, and other essential collective bargaining 
     rights.
       As anyone who has flown on a plane has seen, TSOs serve on 
     the front lines of aviation security and carry out an 
     indispensable role in protecting the safety of the nation and 
     the flying public. As essential personnel, TSOs are required 
     to report to work without pay during government shutdowns, 
     pandemics, and other emergencies. Despite performing vital 
     roles necessary for the security of our country, our TSOs are 
     currently among the lowest-paid members of the federal 
     workforce, largely because they do have historically not had 
     access to the same workplace protections as other Federal 
     workers.
       All workers deserve the right to collectively bargain. The 
     failure to provide fair pay and standard protections for TSOs 
     has contributed to a workforce with low morale, high stress, 
     and extensive turnover. In order to keep our country safe and 
     provide workers with the pay and protections that they 
     deserve, the Transport Workers Union strongly urges you to 
     vote yes on the Rights for the Transportation Security 
     Administration Workforce Act of 2022.
           Sincerely,
                                                   John Samuelsen,
     International President.
                                  ____



                                                          TTD,

                                      Washington, DC, May 5, 2022.
     TTD, Calls for Passage of the Rights for the TSA Workforce 
         Act of 2022.

       Dear Representative: On behalf of the Transportation Trades 
     Department, AFL-CIO (TTD), I urge you to vote YES on H.R. 
     903, the ``Rights for the TSA Workforce Act of 2022'' when it 
     is considered next week.
       Every day, thousands of Transportation Security Officers 
     (TSOs) show up to work to keep our aviation system, mass 
     transit networks, and large public gatherings safe and secure 
     for transportation workers and the general public. However, 
     since the creation of the TSA, its dedicated and skilled 
     employees have been denied many of the basic federal worker 
     rights and protections enjoyed by other federal workers, 
     including those in the Department of Homeland Security. There 
     is no justification for the ongoing mistreatment of the men 
     and women of the TSO workforce, and H.R. 903 takes critical 
     steps to ensure that they have the workplace rights they have 
     earned and deserve.
       H.R. 903 would repeal the TSA Administrator's authority to 
     maintain the existing unequal personnel system that applies 
     only to TSOs, and require TSA to provide the workplace rights 
     and protections granted to other federal employees under 
     Title 5. The bill would also grant TSOs access to the Merit 
     Systems Protection Board--a neutral arbiter in workplace 
     discipline matters that nearly all federal employees have 
     access to, including TSA management and administrative 
     personnel. Finally, the bill would put TSOs on the general 
     pay scale with regular step increases. These reforms would 
     dramatically and immediately improve working conditions for 
     TSOs and are vital for the future success of the workforce.
       TSOs have had to endure this workplace inequity for far too 
     long, and it is a significant factor in the low morale and 
     high turnover rates that confront the agency. That our 
     government continues to maintain this system for the 
     professionals who keep every American safe is simply 
     unconscionable. TTD calls on the House to pass H.R. 903, and 
     to reject any amendment that seeks to eliminate critical 
     components of this bill, including the provision of fair pay 
     and the establishment of collective bargaining rights.
           Sincerely,
                                                       Greg Regan,
     President.
                                  ____



                                        National Urban League,

                                                      May 4, 2022.
       Dear Representative: On behalf of the National Urban 
     League, an organization with a 112-year history of advocating 
     for policies that promote civil rights and economic 
     empowerment for African Americans and other historically 
     underserved communities, and our Urban League affiliates in 
     37 states and the District of Columbia, we write to express 
     support for H.R. 903, the Rights for the Transportation 
     Security Administration Workforce Act of 2022. Ensuring that 
     Transportation Security Officers (TSOs)--whose service helps 
     keep us safe and our economy moving--receive the same rights 
     and protections as other federal workers is important to the 
     mission of the National Urban League. We urge Congress the 
     swiftly pass this important piece of legislation.
       It is vital that Transportation Security Administration 
     (TSA)'s workforce be protected in the workplace and 
     compensated fairly in order to continue to reflect 
     communities they serve. Nationwide, 55 percent of the 60,000 
     workers at TSA are people of color. Black Americans make up 
     about 11 percent of the overall population but nearly triple 
     that (32.7 percent) of transportation screeners. Latino and 
     Asian Americans also make up a larger share of the 
     transportation security workforce than their share of the US 
     population and women make up over 41 percent of employees.
       In spite of the fact that TSA is driving the diversity and 
     inclusion of people of color and women in our country's 
     homeland security workforce, its workers are not afforded the 
     protections and benefits of their counterparts elsewhere in 
     the Department of Homeland Security or the federal government 
     at large. TSOs face inequities compared to other federal 
     employees. They lack the rights and protections afforded to 
     their peers in the federal government under Title 5 of the 
     U.S. Code. TSA screeners do not have the same protections to 
     collectively bargain. Their pay scale lags behind that of 
     other agencies in the government and they are missing out on 
     the Family and Medical Leave Act protections available 
     elsewhere in the government. Potential whistleblowers in TSA 
     are not protected. Without access to an objective outside 
     body like the Merit Systems Protection Board or negotiated 
     grievance procedures, TSOs are denied the ability to appeal 
     adverse personnel decisions in the same way as other federal 
     employees. And unlike the progressive disciplinary system 
     applied across other federal agencies, including other 
     Department of Homeland Security (DHS) components, TSOs are 
     subject to a cumulative disciplinary system.
       This is reflective of the unfair barriers to pay equity and 
     workplace protections people of color and women face as a 
     whole. Due to historic injustices such as slavery, 
     segregation, redlining, unequal access to government 
     programs, and ongoing institutionalized and systematic 
     discrimination, Black men on average make 87 cents on a White 
     man's dollar. Black women face an even larger pay gap on 
     average, making only 63 cents for every dollar earned by a 
     White man. At the same time, 80 percent of Black mothers are 
     the sole, co-breadwinners, or primary breadwinners for their 
     households. These trends track for the Latino community as 
     well. One cause of this disparity is that people of color are 
     often overrepresented in lower paying professions that yield 
     fewer benefits and fewer protections. Removing barriers to 
     success and increasing protections to match those of other 
     federal workers in the TSA, which employs a higher proportion 
     of people of color and a higher proportion of women than the 
     Department of Homeland Security overall, is absolutely a 
     matter of equity that should be addressed urgently.
       It is past time this disparity is addressed. TSOs should 
     have the same fair pay, union rights, and treatment as other 
     federal workers. The Rights for the Transportation Security 
     Administration Workforce Act of 2022 would codify these 
     rights and give long overdue workplace protections to TSA 
     officers. The National Urban League supports this legislation 
     and urges you to support it as well.
           Sincerely,

                                               Marc H. Morial,

                            President and Chief Executive Officer,
                                            National Urban League.

                                                Joi O. Chaney,

     Executive Director, Washington Bureau, Senior Vice President, 
                                                Policy & Advocacy,
                                            National Urban League.

  Mr. THOMPSON of Mississippi. Mr. Speaker, the momentum we need to 
vote this legislation over the finish line is there, and I hope my 
colleagues on both sides of the aisle will honor the work of our brave 
TSOs and the commitment they have made to them by voting for this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in opposition to H.R. 903. When Congress 
created the Transportation Security Administration more than 20 years 
ago in the wake of the attacks on 9/11, this body provided the TSA 
Administrator with unique authorities in the management of its 
personnel.
  H.R. 903 would eliminate this vital flexibility and infringe upon 
TSA's ability to immediately respond to evolving threats and to protect 
the traveling public.
  This bill goes against Congress' intent by moving an entire agency 
into

[[Page H4883]]

an antiquated 1940s system of title 5 of the U.S. Code. TSA will not be 
able to take emerging intelligence and quickly change security 
screening procedures at airports without unnecessary and dangerous 
delays due to the collective bargaining requirements of this bill.
  Since 9/11, TSA has kept our Nation's transportation system secure. 
Airport screeners and Federal air marshals have responded time and time 
again to emerging threats.
  For example, checkpoint screenings procedures were changed almost 
overnight in response to the liquid explosive plot in 2006 and the 
personal electronic device threat in 2017. Such immediate and agile 
responses will be severely hindered under H.R. 903. Security policies 
should not be subject to union bargaining.
  In addition, TSA will no longer be able to easily remove employees 
who have committed serious misconduct. If a TSA screener is caught 
smuggling drugs or weapons, it will be nearly impossible for TSA to 
immediately terminate them due to the layers of bureaucracy in the 
title 5 system.
  According to TSA, this bill will cost an astronomical amount of 
almost $8 billion over a 5-year period, and much of that money won't go 
to the frontline personnel. The amount of overhead costs associated 
with moving an entire agency to title 5 means that billions of dollars 
will be spent on the transition and will require the hiring of hundreds 
of new employees, not frontline workers who would be protecting the 
traveling public but, instead, bureaucrats who will facilitate this 
massive labor relations effort.
  If we actually want to address the needs of frontline workers, we 
would focus on securing more funding for their pay. Instead, H.R. 903 
will waste billions in taxpayer dollars to create more bureaucracy and 
provide even more money to headquarters and those who work there who 
already have a much higher salary than the dedicated frontline 
personnel.
  I am extremely concerned that passing this bill would create a 
massive unfunded mandate that will ultimately divert critical funding 
from other important DHS priorities like border security, 
cybersecurity, and emergency response.
  If my friends in the majority were truly focused on prioritizing and 
improving the pay of TSA frontline workers, rather than prioritizing 
and empowering the unions, they would support frontline pay raises 
without the expense and the unnecessary bureaucracy of title 5.
  Unfortunately, the majority rejected an amendment by Ranking Member 
Katko at the markup that would have done just that--improve the pay of 
frontline screeners and air marshals, not the high-paid bureaucrats at 
headquarters, without all the waste that title 5 would provide.
  I and many of my colleagues stand ready to raise pay for frontline 
workers, but I cannot in good conscience support a bill that is 
fiscally irresponsible, undermines our national security, hinders the 
agency's missions and flexibility, and prioritizes the interests of the 
unions over the interests of the dedicated frontline workforce and the 
traveling public.
  Mr. Speaker, I urge my colleagues to oppose H.R. 903, and I reserve 
the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New Jersey (Mr. Payne).
  Mr. PAYNE. Mr. Speaker, I rise today in support of H.R. 903, the 
Transportation Security Administration Workforce Act of 2022.
  This bill would provide the TSA workforce with opportunities to 
increase pay, engage in collective bargaining, and appeal disciplinary 
actions. It gives TSA workers the same workplace rights and protections 
as other Federal workers.
  Currently, the TSA workforce suffers from low employee morale and 
high turnover. This bill would allow the TSA to better recruit and 
retain high-skilled workers.
  Most importantly for me, it gives a COVID-19 hazard bonus pay to 
employees who had substantial contact with the public during the 
initial pandemic, and it gives them resources to keep them safe on the 
job.
  This bill requires coordination between the Centers for Disease 
Control and Prevention with other leading medical agencies to provide 
TSA proper guidance on how best to protect its workforce. I have been a 
strong supporter of more protections and benefits for our critical TSA 
workforce.
  The chairman made it clear early on in my arrival here in Congress 
that this issue needed to be addressed. So, I introduced a bill, the 
Hazardous Duty Pay for Frontline Federal Workers Act, to give this 
hazard bonus to TSA workers during the pandemic.
  In addition, I helped pass the Rights for Transportation Security 
Officers Act to provide TSA workers full collective bargaining and 
whistleblower protection.
  I cosponsored the Rights of the TSA Workforce Act to provide them the 
same protections as other Federal workers. I also supported President 
Biden's efforts to increase pay for TSA employees and hire more 
officers at airports.

  TSA workers are critical to the safety of American passengers, our 
transportation network, and our Nation. We need to make sure they get 
the same rights and protections they deserve to keep us safe and 
continue to keep our Nation safe for the traveling public.
  Mr. Speaker, I don't understand why this one group of Federal workers 
has been pointed out not to deserve the same rights every other Federal 
worker has in their position. It makes no sense.
  For whatever reason that it was not initially there, it is time for 
them to be brought into the system that the rest of our workforce is 
protected by.
  I would like to respond to my colleague's argument that TSA should 
not move to title 5 because the system is somehow antiquated or 
imperfect. I understand that the prior administration stood up the 
blue-ribbon panel that recommended against moving the TSA workforce to 
title 5, arguing that it would deny the Administrator the flexibility 
to make TSA's personnel system better. Is it worth noting that the 
blue-ribbon panel did not include a single labor representative or 
expert with a labor background? This omission is very telling.
  The truth of the matter is, title 5 offers structured rules for pay, 
raises, bonuses, collective bargaining rights, disciplinary actions, 
and grievances that TSA currently lacks in the system. Why? Why should 
they be omitted?
  Title 5 is time-tested and has been developed and tweaked carefully 
over the decades. While not a perfect system, title 5 is significantly 
better than TSA's current system in which TSA makes up its own rules as 
it goes along.
  TSA has had more than 20 years to develop a system that delivers 
better benefits, protections, and compensation than title 5, and it 
couldn't do it. How much longer should they wait?
  Notably, even the TSA Blue Ribbon Panel recognized that TSA has only 
used its statutory authorities to benefit management and not the 
frontline workers.
  That said, I am pleased to hear interest from my colleagues in 
improving title 5. I would be happy to work with them in a bipartisan 
way to address the issues for workers across the Federal Government.
  In the meantime, we should put TSA under the time-tested system that 
has worked so well for most Federal workers.

                              {time}  1245

  Mr. GUEST. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Katko).
  Mr. KATKO. Mr. Speaker, I rise today in opposition to H.R. 903, the 
Rights for the TSA Workforce Act of 2022.
  Let me be clear: I strongly and emphatically support increasing 
funding for the frontline TSA workforce. I strongly support funding for 
them. They have been severely underpaid for far too long.
  In fact, Mr. Speaker, there is a blue-ribbon panel that came out, 
that my colleague referenced, that recommended against moving them to 
the title 5 workforce. That blue-ribbon panel, to correct the Record, 
included the chief human capital officer for the Department of Homeland 
Security under former President Obama. One of the top men at the 
Department of Homeland Security for President Obama was part of a blue-
ribbon panel that recommended against that.

[[Page H4884]]

  Even with that recommendation, I am so sick and tired of these 
frontline workers not getting their proper pay that I was willing to 
move title 5 funding for them. This bill doesn't do that. This bill 
goes far beyond that.
  Bureaucrats that are sitting in offices nowhere near the front lines, 
that are not exposed to COVID on a daily basis, that aren't fishing 
live, loaded guns out of handbags, and subject to all kinds of abuse by 
the traveling public, are going to get title 5 status, and they get 
paid a hell of a lot more.
  Why? Why do we need that? That is a question, and that is a problem I 
have with this bill.
  The men and women protecting America's transportation systems every 
day deserve to be compensated fairly for the critical security mission 
they fulfill.
  Unfortunately, despite robust efforts to improve this legislation in 
markup, and limited to the terms I articulated, my fellow committee 
members and I on the Republican side were not granted the adoption of a 
single proposed amendment.
  Among the improvements we suggested were quite simply an amendment to 
limit the scope of the bill exclusively to the frontline TSA workforce, 
the men and women who really need better pay, rather than already high-
paid TSA headquarter personnel.
  I am telling you on the record today, if the bill was limited to just 
them, I would support it. Why do we have to make it for everyone else? 
60,000 people. Why? It makes no sense.
  Our proposed amendments also sought to grant increased pay directly 
to the front line, without the need for cumbersome and costly 
bureaucratic conversion to title 5.
  Uncharacteristically, the message from the majority was clear: Take 
it or leave it. That is very uncharacteristic, because the chairman and 
I enjoy a very good working relationship. For that reason, though, I am 
unable to support the legislation in its current form.
  With that said, however, I do hope to work in a bipartisan manner to 
secure much-needed funding increases for TSA in order to lift pay and 
benefits for the frontline screener workforce as well as procure 
cutting-edge technologies to address evolving threats to aviation 
security.
  I am pleased to see dedicated funding for significant screener pay 
increases in this year's budget request to Congress. I stand ready to 
work with my colleagues on both sides of the aisle to engage our 
colleagues on the House Appropriations Committee in an effort to secure 
funding for transportation security officer pay.
  I include in the Record a letter to our friends and colleagues on the 
Appropriations Committee outlining just that.

                                Congress of the United States,

                                     Washington, DC, May 12, 2022.
     Hon. Lucille Roybal-Allard,
     Chair, Subcommittee on Homeland Security, Committee on 
         Appropriations, Washington, DC.
     Hon. Chuck Fleischmann,
     Ranking Member, Subcommittee on Homeland Security, Committee 
         on Appropriations, Washington, DC.
       Dear Chair Roybal-Allard and Ranking Member Fleischmann: 
     Thank you for your continued work to support the mission of 
     the Department of Homeland Security (DHS) and protect our 
     Nation from a litany of evolving threats. As the House 
     considers H.R. 903, the Rights for the TSA Workforce Act of 
     2022, I wanted to follow up on my previous letter dated April 
     28, 2022, related to homeland security funding priorities.
       The FY23 President's Budget requests funding for increased 
     pay for the Transportation Security Administration (TSA) 
     front-line workforce. As I've said many times during my years 
     in Congress, TSA has not paid these dedicated employees a 
     salary that is commensurate to the security they're providing 
     to the traveling public.
       Additionally, I have long raised concerns that TSA has not 
     fully utilized the flexibility that Congress provided in the 
     Aviation and Transportation Security Act (ATSA, Public Law 
     107-71). The bipartisan Blue-Ribbon Panel on Human Capital 
     Service Delivery found that the TSA Administrator currently 
     has the flexibility under ATSA to pay employees more than he 
     could if the agency was moved to title 5, U.S. Code. This is 
     an issue of funding, not authority.
       The cost to the taxpayer of funding a major overhaul of 
     TSA's entire personnel system, converting the agency to the 
     General Schedule, and hiring hundreds of new employees to 
     manage and negotiate these changes is far greater than the 
     cost of simply giving the frontline workforce a well-deserved 
     pay increase. As it currently stands, H.R. 903 creates a 
     massive and unfunded mandate that could jeopardize other 
     homeland security priorities such as border security and 
     cybersecurity if enacted as written.
       I encourage you to consider including funding in the FY23 
     Homeland Security Appropriations Bill to increase the pay of 
     the TSA front-line workforce. TSA plays a fundamental role in 
     protecting the traveling public and facilitating the safe 
     flow of commerce throughout the country.
       Thank you for your time and consideration of this request.
           Sincerely,
                                                       John Katko,
                                               Member of Congress.

  Mr. KATKO. Mr. Speaker, I thank my friend and colleague, the vice 
ranking member of the Homeland Security Committee, Representative 
Guest, for his leadership on this issue.
  I also thank my colleagues on the other side of the aisle for 
engaging in conversations, even when we disagree on policy. But here I 
really feel that the bill in its current form will go over to the 
Senate, and it will be dead on arrival. That serves nobody. No one wins 
in that, and certainly the frontline workers don't win.
  If we could get a more bipartisan bill, with a lot more of us that 
want to be on this and want to help the frontline workers, I think we 
would have a better product and we could put more pressure on the 
Senate to do their job.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I am glad to see my colleague, the ranking member. But 
let me just correct him on his correction of the gentleman from New 
Jersey. A person that works in the Department of Homeland Security is 
not a labor representative. The labor representative that Mr. Payne 
referenced is an organized labor representative with the AFL-CIO.
  The other thing my ranking member can do, he will have a chance to 
vote on the President's budget. The raise for the employees is in the 
budget. I look forward to that opportunity presenting itself. Our TSOs 
need a raise. If we don't, the gymnastics here on the floor doesn't pay 
rent, doesn't pay mortgage, doesn't pay tuition, doesn't even buy 
groceries.
  So at the end of the day, let's give these good folks who do a good 
job an honest day's pay for an honest day's work. That is the spirit in 
which this legislation is put forward.
  Mr. Speaker, I yield 5 minutes to the gentlewoman from Texas (Ms. 
Jackson Lee), a senior member of the Homeland Security Committee.
  Ms. JACKSON LEE. Mr. Speaker, I thank the chairman of this committee 
and the ranking member on the floor, and let me express my appreciation 
for his acknowledgment and recognition that we should do something. I 
know he wants to do something. I am going to try to encourage him to do 
something to alter his position and to stand with this legislation.
  I want to take a moment to present tribute and accolades, as should 
be, though he never asked for such, to our chairman. I cannot remember 
a day that he did not gather us to meet with the transportation 
security officers, the American Federation of Government Employees, and 
others, over a decade maybe, as I chaired the Transportation Security 
Committee of the Homeland Security Committee, where he has not worked 
without ceasing, we have not joined him without ceasing, to be able to 
rectify this injustice. That is what it is. It is a plain and simple 
injustice.
  I stand on this floor, in the name of Gerardo Hernandez, from the Los 
Angeles airport, who died in the line of duty as a TSA officer. We met 
his family. We mourn with them. We mourn with those who suffer.
  We mourn with those who lost their lives in the pandemic, front line, 
really front line, because before this was even diagnosed, there were 
COVID patients or COVID-infected persons going through airports, and 
our TSOs had no experience, protection, and they were becoming infected 
by the dozens, and many died.
  So breaking news today. This is a breaking news story. This 
legislation now comes to remedy and solve the problem we have needed to 
fix, really since 9/11 and the creation of the Department of Homeland 
Security.
  Specifically, the bill within 180 days eliminates personnel 
authorities of the

[[Page H4885]]

Department of Homeland Security and the Department of Transportation 
governing the conditions of employment of TSA employees, thus making 
TSA employees subject to the personnel management system applicable to 
other Federal employees.
  Justice, fairness, the removal of injustice, sets forth transition 
rules that protect the pay rates, leave rights and other rights of TSA 
employees, and requires DHS to consult with the labor organizations 
certified by the Federal Labor Relations Authority to carry out the 
conversion of such positions.
  Let me be very clear: Those persons sitting at desks may wind up in 
some airport in the midst of crisis. How do I know? During Hurricane 
Harvey, tens upon tens of TSA and TSO officers flew into Houston 
because our officers were desperate, suffering from this catastrophic 
flood and rain.
  So it should be across the board. It is fair. It should be no 
different from other Federal employees. The bill directs the TSA to 
consult with public and private entities associated with the Federal 
air marshals to address concerns regarding Federal air marshals, 
including mental health and suicide rates. Absolutely imperative.
  I went to the office of the Federal air marshals when they were under 
stress, and they thought that they were imploding. The atmosphere of 
flying, the hours, and the lack of sensitivity of those hours, drove 
mental health cases among the Federal air marshals. We went to tell 
them that they were important and that we were going to work on this.
  How long must we wait? This bill prohibits TSA employees from using 
or installing the social media video application TikTok on U.S. 
Government-issued mobile devices, cleaning things up; requires DHS to 
prioritize the hiring of veterans, including disabled veterans; and 
directs the TSA to ensure its employees are provided proper guidance 
regarding prevention and protections against the coronavirus.
  But what it also does is retention. Do you know how much rotation 
goes on with these TSOs? We bring them in young. Every time I go to 
airports across America, they are the ones that I stop and talk to. 
``How long have you been here?'' I applaud them when they say: ``We 
came in one year after.'' ``We came in the same year.'' I say: ``You 
are lifers. Thank you for your service.''
  We try to encourage younger persons to understand that they are on 
the front lines saving lives, because as our chairman said, every day 
they are picking up guns and various other things that can be a danger 
to the traveling public. It is crucial that we recognize this.

  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Speaker, I acknowledge, again, the shooting 
incident of Gerardo Hernandez, who became the first officer killed in 
the line of duty. There was the machete attack at the Louis Armstrong 
New Orleans International Airport that resulted in injury to Senior 
Transportation Security Officer Carol Richel.
  This bill represents longstanding priority. It is breaking news. I 
stand with TSOs, and I stand with the TSA. It is long overdue. They 
saved us after 9/11. They came in and stood in the gap. We must fix the 
morale. We must get rid of the allegation of mismanagement and wasteful 
procedures, retaliation against whistleblowers, low morale, and 
security gaps within the agency. This will do that.
  So I ask my colleagues to support it. I am on the Budget Committee, 
and it is paid for. This is going to be the pathway of professionalism 
at the airport, saving lives, protecting the public, and ensuring that 
we have a professional, young, and growing team that is going to be 
part of America's front lines. I ask my colleagues to support it.
  Mr. Speaker, I rise in strong support of H.R. 903, Rights for the TSA 
Workforce Act, which bill modifies the workplace rights, protections, 
and benefits applicable to Transportation Security Administration (TSA) 
personnel.
  Specifically, the bill:
  Within 180 days, eliminates personnel authorities of the Department 
of Homeland Security (DHS) and theDepartment 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;
  Sets forth transition rules that protect the pay rates, leave rights, 
and other rights of TSA employees; and
  Requires DHS to consult with the labor organization certified by the 
Federal Labor Relations Authority to carry out the conversion of such 
positions.
  The bill also:
  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;
  Prohibits TSA employees from using or installing the social media 
video application TikTok on U.S.government-issued mobile devices;
  Requires DHS to prioritize the hiring of veterans, including disabled 
veterans; and
  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).
  I view the work of the TSA as vital to our Nation's homeland 
security.
  The agency mission is to protect the Nation's transportation systems 
to ensure freedom of movement for people and commerce.
  The Committee on Homeland Security provides the needed policy 
guidance and funding to ensure that the TSA has what it needs to create 
and sustain the most effective transportation security as a high 
performing counterterrorism organization.
  The work of the TSA is a front-line Department of Homeland Security 
and it is not easy--it can, in fact, be very dangerous.
  Like many of my colleagues, I recall the shooting incident at LAX 
that killed Gerardo Hernandez, who became the first TSA officer killed 
in the line of duty; and the machete attack at the Louis Armstrong New 
Orleans International Airport that resulted in injuries to Senior 
Transportation Security Officer Carol Richel.
  These incidents only highlight the difficult work that the men and 
women of the TSA must perform each day to keep our Nation's airports 
and flights safe.
  The bill represents a longstanding priority, since the time I chaired 
the Homeland Security Committee Subcommittee on Transportation Security 
to extend to TSA employees the same rights and protections afforded to 
all federal government employees. The legislation curtails TSA's broad 
authorities to create and control its personnel systems, instead 
requiring TSA to abide by the provisions of title 5 which regulate 
personnel systems for most Federal agencies.
  The bill would provide TSA employees with the workforce protections 
and benefits available to most other Federal workers.
  The bill sets forth transition rules to protect the rate of pay and 
other rights of TSA employees during a transition to title 5.
  The bill also requires the Secretary of Homeland Security to consult 
with the appropriate labor organizations to carry out the transition. 
This bill does not affect prohibitions against disloyalty and asserting 
the right to strike against the federal government.
  The bill also extends the timeline for the transition from 60 days to 
a more realistic 180 days, and it contains language to protect 
employees with grievances or disciplinary actions pending during the 
transition.
  Following terrorist attacks of September 11, 2001, there was urgency 
to have a whole of government response to secure the Nation's 
commercial aviation.
  On that day, nearly 3,000 people were killed in a series of 
coordinated terrorist attacks in New York, Pennsylvania, and Virginia.
  The attacks resulted in the creation of the Transportation Security 
Administration, which was designed to prevent similar attacks in the 
future by removing the responsibility for transportation security from 
private entities.
  The Aviation and Transportation Security Act, passed by the 107th 
Congress and signed on November 19, 2001, established TSA just 2 months 
following the September 11, 2001 attacks.
  The urgent need to provide a response to the available security 
threat was facing meant that much of the work to provide administrative 
structure and integration measures that would have woven in the civil 
service protections now be added did not occur at that time.
  The urgency of establishing TSA created another type of federal 
employee with no job security, worker rights, and ability to advance 
within the federal workforce.
  The consequences of these shortcomings is high turnover, low morale, 
and higher costs for training and retaining personnel that is 
undermining the security we need for air travelers.
  It is past time to make the changes provided by H.R. 1140, so the TSA 
workforce is treated equally to other federal employees with the power 
to advance and expand their opportunities as government employees.
  Allegations about mismanagement, wasteful procedures, retaliation 
against whistleblowers,

[[Page H4886]]

low morale, and security gaps within the Agency are causes for concern.
  TSA has consistently struggled with low morale across the workforce, 
ranking 303 out of 305 government agencies in 2016.
  Low morale has a nexus to the high turnover rate within the ranks of 
Transportation Security Officers (TSOs).
  TSOs represent 70 percent of the TSA workforce, yet have been denied 
full collective bargaining rights, whistleblower protections, and 
opportunities to effectively raise issues in dispute to an independent 
third party, such as the Merit Systems Protection Board.
  Additionally, TSOs are subject to a pay and performance system that 
does not track with the General Services (GS) wage system, the primary 
wage system for Federal workers.
  In order to move the workforce forward and see the necessary changes 
envisioned, it is imperative for TSA's frontline personnel receive 
these critical protections.
  This is an essential bill that must be sent to the President's desk 
because it will strengthen transportation security by removing barriers 
that are undermining retention and professional development at the TSA.
  I ask that my colleagues join me in voting in favor of HR. 903.
  Thank you.
  Mr. GUEST. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. Gooden).
  Mr. GOODEN OF Texas. Mr. Speaker, I thank my colleague from Texas for 
stating so eloquently what I and I believe everyone in this Chamber 
agrees with, and that is that the TSA agents, the men and women who 
work for the American people at the airport, are protecting our Nation.
  They are on the front lines, which is why I am rising today to urge 
my colleagues to do something very simple, and that is to protect 
Americans from terrorists and dangerous criminals when they fly and to 
assist the TSA by taking away a very dangerous policy that they have 
enacted from the top that they are encouraging and forcing these agents 
on the front lines to deal with. That policy is one of allowing illegal 
aliens onto commercial aircraft without proper identification.
  It was confirmed to me from the TSA administrator that migrants are 
allowed to use arrest warrants and warrants for deportation to board 
flights alongside everyday travelers. This was confirmed to me before 
Christmas last year. Despite my demands and those of many of my 
colleagues, the Biden administration has done nothing to stop this. 
Anyone in this country illegally, or with a warrant for arrest, should 
be detained and brought before a judge, not permitted to travel to the 
city of their choice.
  This should be a commonsense request. I will remind my colleagues 
that the TSA was created in response to the September 11 attacks, but 
it seems as if we have forgotten that. The lax policies by the TSA that 
allow unvetted aliens to board flights without identification presents 
a serious national security threat each and every day and jeopardizes 
the lives of the American people.
  My constituents, and I would venture to argue those of my colleagues, 
perhaps some of my open border friends across the aisle, would agree 
that our constituents deserve to fly in a safe aircraft.

                              {time}  1300

  My constituents have to pull out an ID to board a flight, but this 
TSA has said that if you have an arrest warrant, that is good enough to 
get through security. I think that is crazy, and I think the American 
people do as well. I introduced this motion to recommit to protect our 
skies, verify the identity of travelers, and notify law enforcement if 
someone is in our country illegally.
  There is zero excuse to delay when the ongoing border crisis is 
putting every single community in our Nation at risk. In just 10 
months, the Biden administration allowed over 45,000 noncitizens to fly 
without an ID, nearly 160 passengers each and every day. We also know 
this administration is allowing people on the terrorist watch list into 
our country, and we have no clue who is boarding these flights.
  I urge my colleagues to protect our airways and prevent another 
tragedy like 9/11 from occurring by adopting this motion.
  Mr. Speaker, if we adopt the motion to recommit, we will instruct the 
Committee on Homeland Security to consider my amendment to H.R. 903 to 
prohibit the TSA from accepting documents such as an arrest warrant or 
notice to appear as a valid form of identification. I ask unanimous 
consent to insert the text of the amendment in the Record immediately 
prior to the vote on the motion to recommit.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  The SPEAKER pro tempore. As a point of information, Mr. Thompson has 
8 minutes remaining, and Mr. Guest has 18\1/2\ minutes remaining.
  Mr. THOMPSON of Mississippi. Mr. Speaker, for the Record, title 5 
will prevent the misconduct we have seen at TSA, such as senior 
managers awarding each other over $90,000 in bonuses.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I think it is clear that all Republicans support 
increasing the pay of our TSA frontline workers. We know that they are 
crucial to the security of our traveling public.
  But this bill that we are here debating is not a bill that deals 
specifically with that. If that were the case, in markup Ranking Member 
Katko's amendment, an amendment that would have provided a $3,000 
immediate salary increase to all frontline workers, 5 percent raise on 
top of that, year one; year 2, a 3 percent raise; year 3, a 3 percent 
raise; year 4, a 4 percent raise.
  This bill that we are talking about today is a bill that is not just 
to increase pay, which we all agree on, but this is, instead, a labor 
bill. This is, instead, an attempt to unionize an entire Federal 
agency.
  Mr. Payne spoke about that a little bit when he got up a few moments 
ago when he talked about the blue-ribbon committee that was established 
and said that there was not one labor leader on that committee. We 
shouldn't be putting labor leaders in the position of putting them on 
committees where we are talking about protecting the traveling public. 
That committee that he referred to, in 2019 TSA received a report from 
that bipartisan committee--and I stress that it was a bipartisan 
committee, the Blue Ribbon Panel Reviewing TSA Human Capital Service 
Delivery. The panel was composed of former officials from both 
Democratic and Republican administrations and included the chief human 
capital officer for DHS under former President Obama.
  It says that they strongly--not just recommended, but they strongly 
recommended against moving TSA personnel under title 5, and then this 
is a quote directly from that report, and it says here, ``One 
recommendation the panel heard repeatedly from employees was moving TSA 
into the General Schedule (GS). The Panel does not agree. The General 
Schedule is a 70-year-old classification and compensation system from 
the last century and is the subject of countless studies and 
recommendations from good government organizations who consistently 
find it is too inflexible to meet the needs of the 21st century 
workforce. A better course of action is to use existing ATSA 
flexibility to improve the TSA pay system so that it operates at a 
level superior to the GS system.''
  Those are not my words. Those are not the words of Republicans. Those 
are the words of a blue-ribbon committee which was established to study 
this very thing. Here we see that Congress is going to completely 
ignore the findings of that committee. We are going to ignore a 
committee made up of TSA workers, employees, personnel, and supervisors 
who served on a committee that was established to look at this very 
point, and we are going to completely ignore that.
  We are going to now do exactly what this committee recommended 
against. And we are doing that not because we want to increase the pay 
of the frontline workers, which again we all agree on and we all 
support. We would support a bill today that would do that without 
putting everyone under title 5. But what this bill is, this is an 
attempt to unionize an entire Federal agency and a bill which would 
make the traveling public less safe.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.

[[Page H4887]]

  Mr. Speaker, for the Record, title 5 is not a union. It is a 
personnel system. It means that if you have rights as an employee of 
the Federal Government, you know what those rights are. That is not a 
union.
  Now, for TSOs who voted to have a bargaining unit, and they chose the 
American Federation of Government Employees to be their bargaining 
unit, that is all. In America, people have choices. Our TSOs decided 
that they wanted to have union representation, which in America, in a 
democracy, is their right. I respect that right, and they have done it.
  Now we have to treat them like all other Federal employees. That is 
just what this bill does. There is nothing else here. It just puts them 
under title 5 just like every other national security-related law 
enforcement agency, and we are in good shape, so they can pay their 
mortgages, they can pay their rent, they can do for their children like 
other Federal employees, plain and simple. Not a big deal.

  Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. 
Correa), a subcommittee chairman of the Committee on Homeland Security.
  Mr. CORREA. Mr. Speaker, I thank the chairman. I won't need 5 minutes 
because this is essentially commonsense legislation. I rise in strong 
support of this measure.
  Title 5, unions. What is wrong with unions? Our Border Patrol 
officers are unionized. Our local police officers are unionized. Our 
local sheriffs are unionized, and countless other public safety 
officers are unionized.
  TSA employees, 9/11. It has been more than 20 years, but people like 
me, I still remember 9/11. I still remember those pictures of 
firefighters and police officers, unionized, running into these burning 
buildings in New York City. Those officers and firefighters knew they 
were going to perish that day, but they ran in to save American lives.
  We don't want another 9/11 to happen again. Heaven forbid. But this 
is what the TSA officers are all about, preventing another 9/11.
  Every time I get on a plane, every time my family gets on a plane, 
you hope to God that those TSO officers, TSA officers do their jobs, 
make sure that nothing terrible gets on a flight, make sure that there 
is order, and you want that officer on that line, on that front line, 
to do their job correctly.
  You want an experienced officer, you want an experienced officer who 
has been there for years. You don't want an officer who has been there 
a few months waiting for another job because that job doesn't pay him 
enough. You don't want that officer to look for another job because he 
is not trained correctly. You want a trained, professional workforce.
  That is really what this measure is about, preventing another 9/11. 
How? Making sure that those frontline TSA workers, employees are 
prepared, trained, and know what they are doing. Commonsense 
legislation. I ask my colleagues to please support safety in the skies, 
safety for our families.
  Mr. GUEST. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, I close by thanking the men and women of TSA, especially 
the screeners, air marshals, and other frontline workers.
  The debate we are having today does not impact the sincere 
appreciation we have for the tremendous job they do each and every day 
to secure the transportation system.
  While we disagree on the best way forward, we all share the same goal 
of improving the pay and morale for TSA frontline workforce. It is 
important not only for the success of the agency but for the security 
of our Nation. Unfortunately, this bill is not the answer, and, 
therefore, I cannot support it.
  Mr. Speaker, I urge my colleagues to oppose H.R. 903, and I yield 
back the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time to close.
  Mr. Speaker, the policies with reference to flying on planes have 
remained consistent under successive administrations of both parties, 
including the Trump administration. These passengers have their 
identities verified through CBP and ICE and received enhanced 
screening. If the individuals are on the terrorist watch list and they 
are not U.S. citizens, they are transferred to ICE for title 8 
processing and detention.
  Mr. Speaker, I appreciate the robust debate we have had today for 
this legislation and amendments my colleagues will be offering that 
seek to improve the bill. But you can't spend thanks. If I told a TSO, 
``Thank you for your service,'' almost to the person, they would say, 
``Then give me a raise. Treat me like all other Federal employees.''
  As our country emerges from what we hope is the worst of the COVID-19 
pandemic, we cannot forget about the TSOs, air marshals, and others 
within TSA who never paused their work in service of our national 
security.
  With estimates that the number of passengers who travel through 
airports in fiscal year 2023 will exceed prepandemic figures by 4.5 
percent, we are again asking them to do more than ever and not pay them 
any additional money. Treat them like everybody else. Passage of this 
legislation will send a clear signal that we acknowledge their 
commitment and agree they deserve the compensation and workplace 
protection that reflects that.
  In this country, you pay for what you get. Pay our TSOs what they 
deserve and treat them like all other Federal employees. A 30 percent 
increase is what this bill would do for our TSOs, and they deserve it. 
They have earned it. I thank my colleagues for their support and urge 
passage of H.R. 903.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Each further amendment printed in part B of House Report 117-320, not 
earlier considered as part of amendments en bloc pursuant to section 3 
of House Resolution 1097, shall be considered only in the order printed 
in the report, may be offered only 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, may be withdrawn by the proponent at any time before 
the question is put thereon, shall not be subject to amendment, and 
shall not be subject to demand for division of the question.
  It shall be in order at any time after debate for the chair of the 
Committee on Homeland Security or his designee to offer amendments en 
bloc consisting of further amendments printed in part B of House Report 
117-320, not earlier disposed of. Amendments en bloc shall be 
considered as read, shall be debatable for 20 minutes equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Homeland Security or their respective designees, shall not 
be subject to amendment, and shall not be subject to a demand for 
division of the question.

                              {time}  1315


       Amendments En Bloc Offered by Mr. Thompson of Mississippi

  Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to section 3 of 
House Resolution 1097, I offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc consisting of amendment Nos. 1, 2, 4, 6, 7, and 8, 
printed in part B of House Report 117-320, offered by Mr. Thompson of 
Mississippi:

            Amendment No. 1 Offered by Ms. Tlaib of Michigan

       Page 17, after line 3, insert the following:
       (c) Review of Promotion Policies and Leadership 
     Diversity.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the efforts of the TSA to ensure that 
     recruitment, hiring, promotion, and advancement opportunities 
     are equitable and provide for demographics among senior 
     leadership that are reflective of the United States' 
     workforce demographics writ large. Such report shall, to the 
     extent possible, include an overview and analysis of the 
     current demographics of TSA leadership and, as appropriate, 
     recommendations to improve hiring and promotion procedures 
     and diversity in leadership roles that may include 
     recommendations for how TSA can better promote from within 
     and retain and advance its workers.


            Amendment No. 2 Offered by Ms. Tlaib of Michigan

       Page 17, after line 3, insert the following:
       (c) Review of Harassment and Assault Policies and 
     Protections.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the efforts of the

[[Page H4888]]

     TSA to ensure the safety of its staff with regards to 
     harassment and assault in the workplace, such as incidents of 
     sexual harassment and violence and harassment and violence 
     motivated by an individual's perceived race, ethnicity, 
     religion, gender identity or sexuality, and including 
     incidents where the alleged perpetrator or perpetrators are 
     members of the general public. Such report shall include an 
     overview and analysis of the current TSA policies and 
     response procedures, a detailed description of if, when, and 
     how these policies fail to adequately protect TSA personnel, 
     and, as appropriate, recommendations for steps the TSA can 
     take to better protect its employees from harassment and 
     violence in their workplace. In conducting its review, the 
     Comptroller General shall provide opportunities for TSA 
     employees of all levels and positions, and unions and 
     associations representing such employees, to submit comments, 
     including in an anonymous form, and take those comments into 
     account in its final recommendations.


        Amendment No. 4 Offered by Mr. Gottheimer of New Jersey

       Add at the end the following:

     SEC. 14. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.

       Not later than 270 days after the enactment of this Act, 
     the Administrator shall submit to the appropriate 
     congressional committees a feasibility study on allowing 
     covered employees carrying out screening functions under 
     section 44901 of title 49, United States Code, to treat as 
     hours of employment time spent by such employees regularly 
     traveling between airport parking lots and bus and transit 
     stops and screening checkpoints before and after the regular 
     work day. In conducting such study, the Administrator shall 
     consider--
       (1) the amount of time needed to travel to and from airport 
     parking lots and bus and transit stops at representative 
     airports of various sizes;
       (2) the feasibility of using mobile phones and location 
     data to allow employees to report their arrival to and 
     departure from airport parking lots and bus and transit 
     stops; and
       (3) the estimated costs of providing such benefits.


            Amendment No. 6 Offered by Mr. Mrvan of Indiana

       Add at the end the following:

     SEC. 14. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator shall brief the appropriate 
     congressional committees regarding the following:
       (1) Reports to the Administrator of instances of physical 
     or verbal assault or threat made by a member of the general 
     public against a covered employee engaged in carrying out 
     screening functions under section 44901 of title 49, United 
     States Code, since January 1, 2019.
       (2) Procedures for reporting such assaults and threats, 
     including information on how the Administrator communicates 
     the availability of such procedures.
       (3) Any steps taken by TSA to prevent and respond to such 
     assaults and threats.
       (4) Any related civil actions and criminal referrals made 
     annually since January 1, 2019.
       (5) Any additional authorities needed by the Administrator 
     to better prevent or respond to such assaults and threats.


           Amendment No. 7 Offered by Mr. Torres of New York

       Add at the end the following:

     SEC. 14. ANNUAL REPORTS ON TSA WORKFORCE.

       Not later than one year after the date of the enactment of 
     this Act and annually thereafter, the Administrator shall 
     submit to the appropriate congressional committees a report 
     that contains the following:
       (1) An analysis of the Office of Personnel Management's 
     Federal Employee Viewpoint Survey (FEVS) to determine job 
     satisfaction rates of covered employees.
       (2) Information relating to retention rates of covered 
     employees at each airport, including transfers, in addition 
     to aggregate retention rates of covered employees across the 
     TSA workforce.
       (3) Information relating to actions taken by the TSA 
     intended to improve workforce morale and retention.


           Amendment No. 8 Offered by Ms. Wexton of Virginia

       Page 18, beginning line 1, insert the following:
       (4) Equipment and training.
       (5) Work schedules and shifts, including mandated periods 
     of rest.

  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentleman from Mississippi (Mr. Thompson) and the gentleman from 
Mississippi (Mr. Guest) each will control 10 minutes.
  The Chair recognizes the gentleman from Mississippi.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of these 
amendments which seek to improve the work experiences of TSA employees, 
and I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I rise in opposition to the amendment. While 
I appreciate some of the issues my majority colleagues seek to address 
in this en bloc amendment, the bottom line is, there is nothing that 
will improve the bill or address the multiple concerns I have in it.
  Nothing in this en bloc amendment will preserve TSA's flexible 
authority to implement immediate security procedures in the face of 
national security threats. Nothing in this en bloc will ensure that 
screeners who commit gross misconduct are immediately relieved of their 
duties. Nothing in this en bloc will protect the rest of the Department 
of Homeland Security from having its key mission areas--like border 
security, cybersecurity, and counterterrorism vetting--from being 
raided to pay for this massive unfunded mandate.
  Therefore, I urge my colleagues to oppose this en bloc amendment, and 
I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Michigan (Ms. Tlaib).
  Ms. TLAIB. Mr. Speaker, I would begin by thanking Chairman Thompson 
and Chairwoman Maloney and, of course, the committee staff, for really 
working on these two important amendments that protect our Federal 
employees within the TSA.
  My team and I are proud to have worked with many workers on the 
ground at our Detroit Metro Airport, one of the most busiest in the 
country, including Gregory Simpkins, as well as coworkers that met with 
me about these really important items. The amendments directly respond 
to issues that they brought to my attention, specifically on their 
lived experiences as TSA employees.
  One major issue that we brought up in an amendment is that TSA is one 
of the most diverse Federal agencies in our country at its lower level, 
but its leadership is far less diverse and the agency has struggled 
with employee retention and promotions from within.
  Thanks to the leadership of Chairman Thompson and others, our 
amendment takes a step towards addressing the issue by directing that 
we examine the current promotion policies and leadership diversity at 
the TSA and provide recommendations aimed at improving the diversity of 
TSA leadership, as well as strategies for how the TSA can better retain 
and promote current employees into leadership positions.
  Mr. Speaker, another major issue brought up by many of the members of 
the Local 778 of AFGE specifically, was the shocking levels of 
harassment and violence experienced by TSA employees in their 
workplace. So we address it with an amendment before us that requires 
that we examine TSA's efforts right now to ensure the safety of its 
employees with regard to harassment and assault in the workplace, 
including incidents where the alleged perpetrator is a member of the 
general public, and develop recommendations of how TSA can better 
protect its employees.
  This amendment would center its review process around employees 
themselves, documenting their experiences, getting the feedback to 
truly improve the safety of their workplace, and factor into it the 
final recommendations that we would hopefully bring to this body.
  I urge my colleagues to truly make this is a safe place for many of 
our neighbors--many of them, again, working in these sometimes 
challenging experiences at the airports and at these ports.
  Mr. Speaker, I urge my colleagues, again, to support these two 
commonsense amendments.
  Mr. GUEST. Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Virginia (Ms. Wexton).
  Ms. WEXTON. Mr. Speaker, the job of a Federal air marshal is 
exhausting and isolating.
  Data from the Air Marshal Association show that air marshals are at 
high risk for extreme fatigue due to the long hours they spend on 
planes and their irregular sleep schedules. Many marshals also report 
mental health issues and a reliance on medications and alcohol to fall 
asleep.
  Tragically, several marshals have died by suicide in the last decade, 
including three officers in the last 3 years who were assigned to the 
Washington, D.C., field office and served out of National Airport.
  We here in Congress know firsthand how important it is to ensure that 
law enforcement officers have access to mental and peer support, and I 
am very glad H.R. 903 includes provisions that

[[Page H4889]]

allow TSA to work with air marshals to address mental health and 
suicide rates.
  My amendment simply ensures that work schedules, rest periods, 
equipment, and training are also a part of that conversation.
  Mr. Speaker, I urge support for my amendment.
  Mr. GUEST. Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, I support these amendments en bloc consisting of 
amendments from my colleagues from Michigan, Virginia, Indiana, New 
Jersey, and New York.
  These amendments, like the entire bill, requires TSA to engage its 
workforce, hear employee concerns, and make improvements in the service 
of our homeland security.
  As we have heard today, morale and retention at TSA are alarmingly 
low. This is even more alarming when considering the fact that TSA is a 
majority-minority workforce, with more than half its workers 
identifying as people of color. It is important that TSA employees have 
a safe workplace, free of harassment, and that agency leadership 
reflects the diversity of its workforce as well.
  These amendments offer solutions to real problems faced by TSA 
employees, such as commuting challenges at airports, as they go about 
their critical mission to keep air travel secure for the American 
people.
  I thank my colleagues for offering these amendments, and I urge the 
House to join me in supporting them.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GUEST. Mr. Speaker, I urge my colleagues to oppose the amendments 
en bloc, and I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
previous question is ordered on the amendments en bloc offered by the 
gentleman from Mississippi (Mr. Thompson).
  The question is on the amendments en bloc offered by the gentleman 
from Mississippi (Mr. Thompson).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. CLOUD. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


                Amendment No. 3 Offered by Mrs. Cammack

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
3 printed in part B of House Report 117-320.
  Mrs. CAMMACK. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 14. RULE OF CONSTRUCTION RELATING TO SCREENING 
                   PROCEDURES AND REQUIREMENTS TO ADDRESS A 
                   NATIONAL SECURITY OR PUBLIC SAFETY THREAT.

       Nothing in this Act may be construed to limit the 
     Administrator's authority to impose without delay new 
     security screening procedures or requirements, or change, 
     alter, or modify existing security screening procedures or 
     requirements, to address a national security or public safety 
     threat, as determined by the Administrator, without regard to 
     collective bargaining under chapter 71 of title 5, United 
     States Code.

  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentlewoman from Florida (Mrs. Cammack) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Mrs. CAMMACK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, my amendment is simple. It prioritizes national security 
at TSA. I have concerns about the underlying bill, including its 
expansion of collective bargaining that could put our national security 
at risk by subjecting new procedures or requirements imposed by the 
Administrator of the TSA to collective bargaining.
  This amendment, like I said, is simple. It would just clarify that 
the Administrator of TSA is not limited in his or her ability to 
swiftly respond to national security and/or public safety threats under 
this bill.
  Specifically, the amendment ensures that any procedures or 
requirements shall not be constrained by collective bargaining. The 
very nature of airport security requires that TSA remain agile and 
flexible to new and emerging threats. It is for this very reason that 
Congress exempted TSA from title 5 when it stood up the agency just two 
months after the terrorist attacks on
9/11.
  It is imperative that the Administrator continues to have the 
authority to swiftly make these changes to ensure public safety in 
response to national security threats and risks. Now, this amendment 
would ensure that the Administrator does not have to negotiate with 
union representatives whenever changes would impact the TSA workforce 
regardless of the national security implications. It adds language that 
specifically preserves the Administrator's authority and exempts 
changes to security screening procedures from collective bargaining.
  We all are exceptionally grateful and appreciative for the work that 
our TSA officers do and the national security service that they 
provide, which is exactly why we need this amendment to ensure our 
national security.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to 
support this clarifying amendment to ensure that national security 
threats are addressed immediately at TSA, their prime mission, and not 
let collective bargaining get in the way of our national security.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CORREA. Mr. Speaker, I claim the time in opposition to the 
amendment.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. CORREA. Mr. Speaker, I rise in opposition to this amendment, 
which is unnecessary and failed on a bipartisan vote during the 
Committee on Homeland Security's markup of this bill.
  Law enforcement across Federal Government, as well as State and 
local, have benefited from collective bargaining representation without 
any harm to national security. This amendment seeks to have TSA treated 
differently from other Department of Homeland Security components with 
union representation, like U.S. Customs and Border Protection.
  This amendment is inconsistent with the goal of the underlying bill, 
which is to ensure that TSA workforce is treated like all other Federal 
employees--equally.
  Further, this amendment is unnecessary because under section 7106 of 
title 5, the Administrator is already granted this power to, ``take 
whatever actions may be necessary to carry out the agency mission 
during emergencies.'' The same provision would preserve TSA's authority 
to hire, remove, or to assign work employees to fulfill an agency's 
mission.
  So if the law is clear, why is this amendment being offered? The 
answer is simple. Many here want to avoid talking about the real issue, 
which is the need to improve compensation and benefits for frontline 
TSA workers. I would propose that an untrained, inexperienced frontline 
TSA worker is not good for our national security.
  Collective bargaining adds to our national security. Unions like 
those representing CBP employees would protect the rights of dedicated 
TSA employees who have come to work without pay during the COVID-19 
shutdowns.
  If we as a society respect these workers, we will give them the right 
to collectively bargain and treat them like we should; that is, a 
trusted, professional workforce that protect us and our families on an 
everyday basis.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CAMMACK. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from the great State of Mississippi (Mr. Guest).

                              {time}  1330

  Mr. GUEST. Mr. Speaker, again, these arguments go to further what we 
talked about earlier. This bill is not about a pay increase for our 
frontline workers. This isn't a bill about protecting the traveling 
public. This is a bill about unionizing an entire Federal agency.
  My friends across the aisle say that TSA already has the authority to 
do what Representative Cammack's

[[Page H4890]]

amendment sets forth. What is the harm in putting that in the body of 
the legislation itself?
  Should it not be clear to everyone who reads the legislation that 
collective bargaining should not hold up improvement to security? 
Should that not be made clear?
  Should we not set forth that they already have that? What harm does 
it do in setting that forth again?
  Again, we all want to see that our TSA frontline workers get the pay 
raise that they need and deserve. What we oppose on the Republican side 
is the complete unionization of this Federal agency.
  I will tell you that this is a critical amendment to our national 
security. Historically, we look back, and when Congress stood up TSA in 
the wake of 9/11, they deliberately provided flexibility to the agency 
to deal with the evolving threats to our transportation system. It is 
imperative that the TSA Administrator maintain that authority to make 
immediate changes to screening procedures when addressing national 
security threats.
  The amendment of my good friend from Florida simply preserves that 
authority and makes it clear that the Administrator has that authority 
and exempts security procedures from the collective bargaining process.
  Without this critical amendment, security changes like those made in 
response to the 2006 liquid explosives or the 2017 personal electronic 
device plot could be significantly hampered or delayed if subject to 
collective bargaining. We simply cannot afford to put our national 
security on the bargaining table.
  I thank the gentlewoman from Florida for leading this important 
issue, and I urge my colleagues to support it.
  Mr. CORREA. Mr. Speaker, I reserve the balance of my time.
  Mrs. CAMMACK. Mr. Speaker, I yield myself such time as I may consume.
  I appreciate the commentary from my colleague and friend, 
Representative Guest from Mississippi. What is the harm of this 
amendment if what you say is true? If you believe that it is currently 
in place, why is the majority opposed to codifying it to ensure that 
national security remains the top priority?
  It seems very simple to me. This is a simple amendment. This is not a 
partisan amendment. This should be an American, bipartisan amendment 
that we can all agree that national security comes first. That is the 
role of TSA.
  My question and statement as I close is: Why not codify it? Why not 
accept this amendment?
  I just feel that sometimes we are so hyperpartisan in this Chamber 
that we can't see the forest for the trees.
  I urge my colleagues on both sides of the aisle to support and adopt 
this amendment.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CORREA. Mr. Speaker, I yield myself the balance of my time.
  I thank my colleagues from Florida and Mississippi for this good 
debate. Let me answer their question directly to the point. They talk 
about priorities, national security. But this amendment only applies to 
TSA employees. It doesn't apply to other Federal employees or other 
members of Homeland Security.
  If this amendment was really about national security, you ought to 
have it apply to all Federal employees, not just TSA employees. That is 
why this is a red herring.
  Bottom line, again, I am going to repeat: Section 7106 of title 5 
grants to administrators of these agencies the power to ``take whatever 
actions may be necessary to carry out the agency mission during 
emergencies.''
  Bottom line, this is an antiunion amendment. It is unnecessary and 
insulting to the dedicated professional employees of the Transportation 
Security Administration. TSA employees should not be treated 
differently from other Federal agency workers who have the right to 
collectively bargain.
  Those advocating for this antiunion amendment forget that for the 
Border Patrol agents and the Bureau of Prisons employees who have 
similar security and screening functions, they are also unionized.
  TSA itself has told us many times that this bill does not create 
security problems.
  Mr. Speaker, I urge my colleagues to reject this amendment, just as 
my colleagues did when it was rejected in committee. I yield back the 
balance of my time.
  The SPEAKER pro tempore. All time having expired, pursuant to House 
Resolution 1097, the previous question is ordered on the amendment 
offered by the gentlewoman from Florida (Mrs. Cammack).
  The question is on the amendment offered by the gentlewoman from 
Florida (Mrs. Cammack).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mrs. CAMMACK. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


                  Amendment No. 5 Offered by Mr. Guest

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
5 printed in part B of House Report 117-320.
  Mr. GUEST. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:

     SEC. 14. SUNSET WITHOUT APPROPRIATIONS.

       This Act and all requirements therein shall sunset at the 
     end of fiscal year 2022 if sufficient funds have not been 
     specifically appropriated to carry out this Act and such 
     requirements.

  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentleman from Mississippi (Mr. Guest) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Mississippi.
  Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
  My amendment would sunset the requirements of H.R. 903 at the end of 
fiscal year 2022 if Congress does not appropriate sufficient funds to 
carry out the bill.
  With H.R. 903 having an estimated cost to taxpayers of nearly $2 
billion, or $8 billion if you use TSA's own estimates, it is critical 
that the bill does not simply become an astronomical unfunded mandate.
  This amendment will remove this bill's requirement to move TSA to 
title 5 if sufficient funding is not appropriated specifically for 
those requirements. This will protect other critical homeland security 
missions, like cybersecurity and border security, from being raided to 
pay for this legislation.
  In TSA's feedback on H.R. 903, they explicitly stated this: 
Implementation of H.R. 903 ``without additional, adequate 
appropriations would have dire impacts upon the TSA mission and 
negatively impact national and economic security.''
  Let me read that again. It said that without proper appropriations, 
it would have a dire impact ``upon the TSA mission and negatively 
impact national and economic security.'' That is from TSA itself.
  Those are the words of the agency that we are looking at changing, 
and they are warning us. They are warning Congress that if we do this, 
and then we don't follow through with the funding, we are putting the 
traveling public at risk. If this is not clear enough, I don't know 
what is.
  I urge all Members to support this fiscally responsible amendment, 
and I reserve the balance of my time.
  Miss RICE of New York. Mr. Speaker, I claim the time in opposition to 
the amendment.
  The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
  Miss RICE of New York. Mr. Speaker, I rise in opposition to this 
amendment.
  As was the case where my colleague offered this same idea during our 
committee markup, this amendment attempts to bring implementation of 
H.R. 903 to an abrupt halt if Congress fails to enact a Department of 
Homeland Security appropriations bill before the end of the fiscal 
year.
  Plainly stated, this amendment would put in place an unrealistic 
condition for implementation of this act that funds be appropriated to 
carry out this act by the end of the fiscal year or else Transportation 
Security officers lose their rights.
  Republicans already forced TSOs to work without pay for weeks on end

[[Page H4891]]

when they shut down the government a few years ago. Under this 
amendment, if Republicans shut down the government again, TSOs would 
not just struggle to put food on the table; they would lose basic 
workplace rights, too. This is nothing more than a poison pill.
  Congress should, as we all know, pass funding bills on time, but we 
have not passed full annual appropriations before the start of the 
fiscal year in 14 years. That is on us. It shouldn't be on TSO 
officers.
  It is preposterous that finalizing fiscal year 2023 appropriations 
even 1 or 2 days late could cause workers to lose their collective 
bargaining rights, access to the Merit System Protection Board, and 
other protections.
  Considering that we have bipartisan support for this bill in the 
House, including from 14 of my Republican colleagues, I am hopeful that 
after we enact this bill into law, we can work together to secure the 
necessary funding to fully implement it. If we encounter delays, we can 
work together to readjust timelines. We don't just throw in the towel 
on delivering fair and appropriate compensation benefits and 
protections to the TSA workforce, as this amendment would require.
  The beleaguered frontline screener workforce should not be punished 
because Congress cannot do its job in a timely way.
  I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I have no more speakers so I am prepared to 
close when the majority is prepared.
  Mr. Speaker, I yield myself the balance of my time. In closing, I 
refer back to the words of TSA. These are not my words. These are not 
the words of the Republican caucus. These are the words of TSA, which 
was tasked with a critical mission, and the words of TSA are words that 
we should take into account when we are debating this amendment and 
debating this bill.
  The words of TSA: Implementation of H.R. 903 ``without additional, 
adequate appropriations would have dire impacts upon the TSA mission 
and negatively impact national and economic security.''
  This amendment is simple. If we are not going to fund this, we cannot 
put our national and economic security at risk, and this should be 
sunsetted.
  I ask my colleagues to support this amendment, and I yield back the 
balance of my time.
  Miss RICE of New York. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, this amendment represents a new frontier in legislative 
dysfunction. It hinges the rights of TSOs on Congress' ability to pass 
a completely different bill.
  This is not serious legislating. It is a bad faith gimmick and 
unworthy of support. There is no justification for making the rights of 
the TSA workforce contingent on the broken annual appropriations 
process.
  This amendment sends the message to the TSA workforce that their 
fundamental rights have an expiration date.
  Mr. Speaker, I urge my colleagues to reject this amendment, just as 
my colleagues and I did when it was brought up in the committee.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time having expired, pursuant to House 
Resolution 1097, the previous question is ordered on the amendment 
offered by the gentleman from Mississippi (Mr. Guest).
  The question is on the amendment offered by the gentleman from 
Mississippi (Mr. Guest).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. GUEST. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.

                          ____________________