[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.
____________________